CON LAW 2 FINAL EXAM UPDATED ACTUAL
QUESTIONS WITH CORRECT ANSWERS
Question 1.
Which of the following statements is the BEST answer regarding the Collateral Bar Rule?
A.) It would be legal for a parade organizer to conduct a march in violation of an injunctions if (1) the
parade ordinance upon which the injunction was based raises substantial constitutional questions &
(2) the injunction itself was overbroad & vague
B.) A parade organizer would be ultimately held liable if she refuses to apply for a parade permit but
marches anyway. The statute under which the permit would be issued is defective for being
"overbroad"
C.) A person violating an unconstitutional law may not be punished, but a person violating an
unconstitutional prior restraint generally may be punished
D.) An injunction is an unconstitutional form of prior restraint
ANSWER
C.
Question 2.
Which of the following statements is the BEST answer regarding NY Times v. Sullivan?
A. Prior to NY Times v. Sullivan, there were relatively few libel actions against newspapers for
reporting on Southern reaction to the civil rights movement
B. NY Times v. Sullivan established that a libel action cannot be brought against a news publication
C. Actual malice is not a very high burden of proof
D. NY Times v. Sullivan established that actual malice must be demonstrated for a libel action against
a newspaper to succeed
ANSWER
D.
,Question 3.
Which of the following Statements is the BEST answer regarding Unconstitutional Conditions?
A. The Government cannot make receiving federal funds conditional on abortion clinics not referring a
client to an abortion provider, particularly when that information is requested by a client
B. The Government can forbid funds from going to an entity because that entity engages in
constitutionally protected speech
C. The Government can condition its funding of legal services on the lawyers not making certain
arguments
D. The Unconstitutional Conditions Doctrine has been consistently applied by the Court
ANSWER
B.
Question 4.
Which of the following Statements is the BEST answer regarding Brandenburg v. Ohio?
A. The Supreme Court claimed to be relying upon the "clear and represent" danger established in
Dennis v. US
B. The test applied by the Supreme Court was substantially the same as that applied in Dennis v. US
C. Brandenburg was a continuation of the free speech jurisprudence from earlier in the 20th century
D. Brandenburg involved the constitutionality of criminalizing communist speech
ANSWER
A.
Question 5.
Which of the following statements is the BEST answer?
A. Under current jurisprudence, most speech deemed "offensive" 0% speech is not protected
B. The Fighting Words Doctrine currently operates to allow criminalization of speech that is likely to
offend community standards
C. The Fighting Words Doctrine has been significantly narrowed/eliminated by case law creating
"carve-outs"
D. The Fighting Words Doctrine allows constitutional banning of speech that is likely to incite
surrounding people to strong anger
ANSWER
C.
, Question 6.
Which of the following statements is the BEST answer?
A. Municipal laws banning nude dancing are frequently struck down under a kind of "intermediate
scrutiny"
B. Laws banning nude dancing are frequently upheld even though nude dancing enjoys full protect
under the First Amendment
C. The Supreme Court views nude dancing as a form of expression
D. In practice, nude dancing is unprotected speech since there is no requirement that a jurisdiction
factually justify its invocation of secondary effects
ANSWER
D.
Question 7.
Which of the following kinds of regulations are most consistent with the current law on regulation of
speech in public forums?
A. A regulation that is content neutral and contains
a reasonable time, manner, & place restriction that serves a reasonable government interest
B. A regulation that is not content neutral but satisfies strict scrutiny
C. A regulation that is not viewpoint neutral but which serves a compelling government interest
D. A regulation that requires a permit for speech in
a public forum which shall not be denied unless the granting authority exercises reasonable discretion
ANSWER
A.
Question 8.
Which of the following statements is the BEST answer regarding regulation of the media?
A. Newspapers are less subject to suits for defamation than are other potential defendants
B. Newspapers are more subject to suits for defamation than are other entities
C. Taxing authorities may not discriminate among different news media in imposing taxes
D. The press is no more protected against suits for defamation than any other entity
ANSWER
D.
Question 9.
A police officer was employed on a city's police force for 10 years. When the officer accepted the job,
the city's employee benefit plan provided a death benefit to the spouse of any employee who died as
a result
QUESTIONS WITH CORRECT ANSWERS
Question 1.
Which of the following statements is the BEST answer regarding the Collateral Bar Rule?
A.) It would be legal for a parade organizer to conduct a march in violation of an injunctions if (1) the
parade ordinance upon which the injunction was based raises substantial constitutional questions &
(2) the injunction itself was overbroad & vague
B.) A parade organizer would be ultimately held liable if she refuses to apply for a parade permit but
marches anyway. The statute under which the permit would be issued is defective for being
"overbroad"
C.) A person violating an unconstitutional law may not be punished, but a person violating an
unconstitutional prior restraint generally may be punished
D.) An injunction is an unconstitutional form of prior restraint
ANSWER
C.
Question 2.
Which of the following statements is the BEST answer regarding NY Times v. Sullivan?
A. Prior to NY Times v. Sullivan, there were relatively few libel actions against newspapers for
reporting on Southern reaction to the civil rights movement
B. NY Times v. Sullivan established that a libel action cannot be brought against a news publication
C. Actual malice is not a very high burden of proof
D. NY Times v. Sullivan established that actual malice must be demonstrated for a libel action against
a newspaper to succeed
ANSWER
D.
,Question 3.
Which of the following Statements is the BEST answer regarding Unconstitutional Conditions?
A. The Government cannot make receiving federal funds conditional on abortion clinics not referring a
client to an abortion provider, particularly when that information is requested by a client
B. The Government can forbid funds from going to an entity because that entity engages in
constitutionally protected speech
C. The Government can condition its funding of legal services on the lawyers not making certain
arguments
D. The Unconstitutional Conditions Doctrine has been consistently applied by the Court
ANSWER
B.
Question 4.
Which of the following Statements is the BEST answer regarding Brandenburg v. Ohio?
A. The Supreme Court claimed to be relying upon the "clear and represent" danger established in
Dennis v. US
B. The test applied by the Supreme Court was substantially the same as that applied in Dennis v. US
C. Brandenburg was a continuation of the free speech jurisprudence from earlier in the 20th century
D. Brandenburg involved the constitutionality of criminalizing communist speech
ANSWER
A.
Question 5.
Which of the following statements is the BEST answer?
A. Under current jurisprudence, most speech deemed "offensive" 0% speech is not protected
B. The Fighting Words Doctrine currently operates to allow criminalization of speech that is likely to
offend community standards
C. The Fighting Words Doctrine has been significantly narrowed/eliminated by case law creating
"carve-outs"
D. The Fighting Words Doctrine allows constitutional banning of speech that is likely to incite
surrounding people to strong anger
ANSWER
C.
, Question 6.
Which of the following statements is the BEST answer?
A. Municipal laws banning nude dancing are frequently struck down under a kind of "intermediate
scrutiny"
B. Laws banning nude dancing are frequently upheld even though nude dancing enjoys full protect
under the First Amendment
C. The Supreme Court views nude dancing as a form of expression
D. In practice, nude dancing is unprotected speech since there is no requirement that a jurisdiction
factually justify its invocation of secondary effects
ANSWER
D.
Question 7.
Which of the following kinds of regulations are most consistent with the current law on regulation of
speech in public forums?
A. A regulation that is content neutral and contains
a reasonable time, manner, & place restriction that serves a reasonable government interest
B. A regulation that is not content neutral but satisfies strict scrutiny
C. A regulation that is not viewpoint neutral but which serves a compelling government interest
D. A regulation that requires a permit for speech in
a public forum which shall not be denied unless the granting authority exercises reasonable discretion
ANSWER
A.
Question 8.
Which of the following statements is the BEST answer regarding regulation of the media?
A. Newspapers are less subject to suits for defamation than are other potential defendants
B. Newspapers are more subject to suits for defamation than are other entities
C. Taxing authorities may not discriminate among different news media in imposing taxes
D. The press is no more protected against suits for defamation than any other entity
ANSWER
D.
Question 9.
A police officer was employed on a city's police force for 10 years. When the officer accepted the job,
the city's employee benefit plan provided a death benefit to the spouse of any employee who died as
a result
