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 constriction act - Answer- law that allowed the govt to have the draft espionage act of 1919 - Answer- congress passed a law making it a crime to speak out against the war effort during war times Schenck v. US (1919) - Answer- Schenck mailed anti-draft pamphlets to people who had been drafted and not yet reported, govt arrested Schenck and charged him with conspiring to violate the espionage act, mailing violation, and violating the espionage act. Schenck is convicted and appeals but lost because it was ruled that the espionage act did not violate the first amendment Verdict from Schenck v US - Answer- if speech is intended to result in a crime, and there is a clear and present danger that it will result in a crime, the first amendment does not protect the speaker from govt action is Schenck v. US current law - Answer- No, much has changed since then 2 types of law - Answer- -criminal -civil 4 sources of American law - Answer- -constitution -statutory law -regulatory law -common law statutory law - Answer- made by legislators (criminal law) regulatory law - Answer- regulations, ex. FCC common law - Answer- judge-made law, decision by decision in order to be constitutional a law needs t