CONSTITUTIONAL LAW EXAM 3
REVIEW QUESTIONS AND ANSWERS
, 1. Within Chapter 5 of the textbook, pay special attention to content and viewpoint
discrimination (pg198) and the 5 things described as restraints on government power
(pg 201) and the surrounding discussion. - ANSWERSRead Text
2. In Mahanoy Area School District v. B. L., A Minor, how did the court distinguish
between a school districts ability to regulate speech on campus vs off campus? -
ANSWERSA greater protection off campus because it's not essential to creating the
educational environment. Speech on campus would be limited for creating a learning
environment
3. What is prior restraint? - ANSWERSCensoring speech before the fact on particular
statements
Example-War time censorship (You cant even say it because often you don't know
about it and those who do know are limited to what they can say)
4. What case established the precedent that prior restraint is generally considered
unconstitutional? - ANSWERSNear V. Minnesota
5. What exceptional circumstances does the court identify which could potentially justify
prior restraint? - ANSWERSWar-Schenk
6. What is an injunction? - ANSWERSAn order by the court for them to not do or not
something-Law can't go into effect/A judicial decision being enacted by a lower court/
Do Something-Pay restitution
7. How has the Court viewed laws that provide for prior restraint of the press? -
ANSWERSYou have to prove that it will do severe harm against someone if prior
restraint is not exercised. Prior restraint is viewed with great suspicion by the court.
8. How has the court addressed issues related to freedom of the press when dealing
with cases involving school sponsored newspapers? - ANSWERSSchools have the
authority to limit speech, but they have to demonstrate that there is some kind of harm
in not limiting it in order for them to exercise prior restraint.
9. In Hazelwood v Kuhlmeier, why did the court claim that administrators have a greater
right to control the content of school papers? - ANSWERSBecause they need to create
an educational environment and that requires limiting speech sometimes
10. What restrictions on expression has the court been willing to allow when addressing
cases involving children enrolled in public schools? - ANSWERSStudent speech
including student papers and digital media especially related to that on campus
REVIEW QUESTIONS AND ANSWERS
, 1. Within Chapter 5 of the textbook, pay special attention to content and viewpoint
discrimination (pg198) and the 5 things described as restraints on government power
(pg 201) and the surrounding discussion. - ANSWERSRead Text
2. In Mahanoy Area School District v. B. L., A Minor, how did the court distinguish
between a school districts ability to regulate speech on campus vs off campus? -
ANSWERSA greater protection off campus because it's not essential to creating the
educational environment. Speech on campus would be limited for creating a learning
environment
3. What is prior restraint? - ANSWERSCensoring speech before the fact on particular
statements
Example-War time censorship (You cant even say it because often you don't know
about it and those who do know are limited to what they can say)
4. What case established the precedent that prior restraint is generally considered
unconstitutional? - ANSWERSNear V. Minnesota
5. What exceptional circumstances does the court identify which could potentially justify
prior restraint? - ANSWERSWar-Schenk
6. What is an injunction? - ANSWERSAn order by the court for them to not do or not
something-Law can't go into effect/A judicial decision being enacted by a lower court/
Do Something-Pay restitution
7. How has the Court viewed laws that provide for prior restraint of the press? -
ANSWERSYou have to prove that it will do severe harm against someone if prior
restraint is not exercised. Prior restraint is viewed with great suspicion by the court.
8. How has the court addressed issues related to freedom of the press when dealing
with cases involving school sponsored newspapers? - ANSWERSSchools have the
authority to limit speech, but they have to demonstrate that there is some kind of harm
in not limiting it in order for them to exercise prior restraint.
9. In Hazelwood v Kuhlmeier, why did the court claim that administrators have a greater
right to control the content of school papers? - ANSWERSBecause they need to create
an educational environment and that requires limiting speech sometimes
10. What restrictions on expression has the court been willing to allow when addressing
cases involving children enrolled in public schools? - ANSWERSStudent speech
including student papers and digital media especially related to that on campus
