Collins JOUR 303 Final Exam Questions and Answers

Collins JOUR 303 Final Exam Questions and Answers article 1 of the constitution - Answer- established the legislative branch (congress) article 2 of the constitution - Answer- established the executive branch (president) article 3 of the constitution - Answer- established the judicial branch (federal court system) five freedoms of the first amendment - Answer- speech, religion, press, assembly, petition the govt one example of a limit on the first amendment freedom of speech - Answer- going under oath in court. you still have freedom of speech, but if you lie under oath you will be charged with perjury First amendment - Answer- congress shall make no law abridging the freedom of speech or of the press speech not under the umbrella of protection - Answer- criminal speech and porn the only regulation on porn is child pornography speech that is somewhat under the umbrella of protection - Answer- commercial speech 6 rationales for regulating speech - Answer- -yes, but... (need a compelling reason) -somewhat protected (cable broadcast/commercial speech) -not protected (criminal speech) -time/place/manner (in order to be constitutional it must be: content neutral, reasonable, and cannot be a complete ban on speech) -expressive conduct -derivative/secondary claims (right of access, journalistic privilege to withhold information) if the first amendment protects anything, it's - Answer- political speech if the first amendment prohibits anything, it's - Answer- prior restraint process of passing a law - Answer- bill is proposed, congress passes, committee votes to pass, house votes to pass, senate votes to pass, president signs into law a bill can be killed at any stage of this process by not winning the vote 3 part rational basis test - Answer- -plaintiff is the challenger -assume the law is constitutional -courts test if the law has a rational basis when do we use a rational basis test - Answer- to see if a law is constitutional compelling interest test / strict scrutiny test - Answer- -burden on the govt -assume the law is not constitutional -govt has to prove that they have a compelling reason to allow it (ex. war times) this only applies to fully protected speech when do we use a compelling interest test - Answer- if the govt tries to make a law about something they're not supposed to, they need a compelling reason 4-step process to determine what a law mean - Answer- -read the law -look for precedent -look to the lawmakers (did the people who made the law give you any clues) -look to the history of the times the law was made