Collins JOUR 303 Final Exam Questions And Answers

Collins JOUR 303 Final Exam Questions And Answers Rational Basis Test 1) Put burden on the plaintiff 2) Presume law is constitutional 3) show law lacks rational basis Compelling Interest Test 1) Put burden on government 2) Presume what government is doing is unconstitutional 3) Change judge's mind, give them compelling reason What a law means 1) Read the law 2) Look for precedent 3) Look to lawmakers 4) Look to times when law was made Political speech If the First Amendment protects anything, it protects? Prior Restraint If the First Amendment prohibits anything, it prohibits? Freedoms in the First Amendment freedom of speech, religion, press, peacefully assemble and petition Importance of Schenck vs. US it was the first case on political speech Four Sources of a Law statutory, common, constitutional and regulatory Steps for a Bill to become a Law 1) Legislator makes and introduces bill 2) it's sent to a committee (keep, toss or modify it) 3) Goes to House of Representatives 4) It's sent to the Senate 5) Sent to President 6) Put into law Six Rationales for regulating speech 1) Fully protected 2) Somewhat protected 3) Not protected 4) Time, Place and Manner 5) Expressive Conduct 6) Secondary Derivative Fully protected rationale fully protected political speech, compelling reason to intervene Somewhat protected rationale commercial speech, broadcasting; need substantial reason to regualte Not protected rationale this is not protected by the First Amendment; XXX porn, criminal speech and perjury Time, Place and Manner rationale you can't ban this completely, message has to have a way to get out; content neutral and has to be a reasonable regulation (specific time or place)