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
C.
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
D.
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
B.
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
A.
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
C.
,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
D.
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
A.
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
D.
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 of any job-related injury. Last
year, the city amended its employee benefit plan to deny its death benefit in cases where the death "was caused by the
employee's refusal to accept, for any reason other than its excessive risk to life or health, reasonably available medical
care prescribed by a physician." After this Amendment took effect, the officer was shot while on duty. Because of a
sincerely held religious belief, the officer refused to allow a prescribed blood transfusion and, as a result, died from loss of
blood. When the officer's spouse applied for the death benefit, the city denied the application on the basis of the
amendment to the employee benefit plan. The office's spouse has challenged the amendment, claiming that, as applied to
the officer, it violated the officer's constitutional right to the free exercise of religion.
Is the court likely to find the amendment to the employee benefit plan constitutional as applied to the officer?
A. No, because it effectively discriminates against a religious practice
B. No, because it violates the vested contractual rights of city employees who were hired before the amendments effect
C. Yes, because it does not single out religious reasons for the denial of benefits and is a reasonable limitation on the
award of such benefits
D. Yes, because it imposes a condition only on the award of a government benefit and does not impose a penalty on an
individual's conduct
C.
, A state initiated a criminal prosecution against the owner of a video store for selling a video that consisted entirely of
pictures of nude sunbathers on a beach in a foreign country where nude public sunbathing is common. The state charged
that selling the video violated its anti-obscenity law. The store owner defended on the ground that the prosecution violated
his constitutional right to freedom of speech.
Should the store owner prevail in this defense?
A. No, because the store owner is engaged in the commercial sale of the video, which is not protected by the First and
Fourteenth Amendments
B. No, because the video consists entirely of portrayals of nudity, appeals to prurient interest of viewers, and lacks serious
social value as a whole
C. Yes, because mere portrayals of nudity are insufficient to justify a finding that the video is obscene as a matter of
constitutional law
D. Yes, because the portrayals of nudity occurred outside the United States, and therefore the state lacks a compelling
interest in applying its anti-obscenity law to the sale of the video
C.
A state law provides an award of damages against anyone who publishes the name of a rape victim. Pursuant to that law,
a woman sued a local newspaper in state court after the newspaper identified her as a rape victim. The state trial and
appellate courts rejected the claim, holding that the state law was invalid under both the state constitution and the First
Amendment of the US Constitution. The state supreme court affirmed, holding specifically, "We think that this well-
intentioned law very likely violates the First Amendment of the federal Constitution. We need not, however, decide that
issue, because the law assuredly violates our state constitution, which provides even greater protection to the right of the
press to report the news." The woman petitioned for review in the US Supreme Court.
Is the US Supreme Court likely to review the state supreme court judgment?
A. No, because the First Amendment prohibits the imposition of liability for the publication of truthful information
B. No, because the judgment of the state supreme court rests upon an adequate and independent state-law ground
C. Yes, because the supremacy clause does not permit a state to create rights greater than those conferred by the federal
Constitution
D. Yes, because the US Supreme Court's appellate jurisdiction extends to cases arising under federal law
B.
A state criminal law prohibits the publication of any description of the details of the execution of any prisoner who is
sentenced to death by the courts of the state. Although the law allows a specified number of reporters to observe an
execution, only the prison warden's official statement that the prisoner was "executed as provided by law" at a certain time
and date may be published. The purpose of the law is to protect the public, particularly children, from the details of
executions. After a particular execution was mishandled, causing the prisoner to suffer, a newspaper in the state
published a story describing the event in detail. The story was written by the newspaper's reporter, who was permitted to
observe the execution but did not promise prison officials that he would report only the warden's official statement. A
prosecutor subsequently filed charges against the newspaper for publishing the details of the execution in violation of the
state law.
Is this prosecution constitutional?
A. No, because the prosecution seeks to punish the publication of lawfully obtained, truthful information about a matter of
public significance, without adequate justification
B. No, because the reporter did not promise prison officials that he would report only the warden's official statement about
the execution
C. Yes, because the publication of the details of such events might cause psychological damage to some children
D. Yes, because the newspaper should have brought an action to test the validity of the law before publishing the
reporter's story
A.
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
C.
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
D.
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
B.
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
A.
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
C.
,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
D.
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
A.
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
D.
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 of any job-related injury. Last
year, the city amended its employee benefit plan to deny its death benefit in cases where the death "was caused by the
employee's refusal to accept, for any reason other than its excessive risk to life or health, reasonably available medical
care prescribed by a physician." After this Amendment took effect, the officer was shot while on duty. Because of a
sincerely held religious belief, the officer refused to allow a prescribed blood transfusion and, as a result, died from loss of
blood. When the officer's spouse applied for the death benefit, the city denied the application on the basis of the
amendment to the employee benefit plan. The office's spouse has challenged the amendment, claiming that, as applied to
the officer, it violated the officer's constitutional right to the free exercise of religion.
Is the court likely to find the amendment to the employee benefit plan constitutional as applied to the officer?
A. No, because it effectively discriminates against a religious practice
B. No, because it violates the vested contractual rights of city employees who were hired before the amendments effect
C. Yes, because it does not single out religious reasons for the denial of benefits and is a reasonable limitation on the
award of such benefits
D. Yes, because it imposes a condition only on the award of a government benefit and does not impose a penalty on an
individual's conduct
C.
, A state initiated a criminal prosecution against the owner of a video store for selling a video that consisted entirely of
pictures of nude sunbathers on a beach in a foreign country where nude public sunbathing is common. The state charged
that selling the video violated its anti-obscenity law. The store owner defended on the ground that the prosecution violated
his constitutional right to freedom of speech.
Should the store owner prevail in this defense?
A. No, because the store owner is engaged in the commercial sale of the video, which is not protected by the First and
Fourteenth Amendments
B. No, because the video consists entirely of portrayals of nudity, appeals to prurient interest of viewers, and lacks serious
social value as a whole
C. Yes, because mere portrayals of nudity are insufficient to justify a finding that the video is obscene as a matter of
constitutional law
D. Yes, because the portrayals of nudity occurred outside the United States, and therefore the state lacks a compelling
interest in applying its anti-obscenity law to the sale of the video
C.
A state law provides an award of damages against anyone who publishes the name of a rape victim. Pursuant to that law,
a woman sued a local newspaper in state court after the newspaper identified her as a rape victim. The state trial and
appellate courts rejected the claim, holding that the state law was invalid under both the state constitution and the First
Amendment of the US Constitution. The state supreme court affirmed, holding specifically, "We think that this well-
intentioned law very likely violates the First Amendment of the federal Constitution. We need not, however, decide that
issue, because the law assuredly violates our state constitution, which provides even greater protection to the right of the
press to report the news." The woman petitioned for review in the US Supreme Court.
Is the US Supreme Court likely to review the state supreme court judgment?
A. No, because the First Amendment prohibits the imposition of liability for the publication of truthful information
B. No, because the judgment of the state supreme court rests upon an adequate and independent state-law ground
C. Yes, because the supremacy clause does not permit a state to create rights greater than those conferred by the federal
Constitution
D. Yes, because the US Supreme Court's appellate jurisdiction extends to cases arising under federal law
B.
A state criminal law prohibits the publication of any description of the details of the execution of any prisoner who is
sentenced to death by the courts of the state. Although the law allows a specified number of reporters to observe an
execution, only the prison warden's official statement that the prisoner was "executed as provided by law" at a certain time
and date may be published. The purpose of the law is to protect the public, particularly children, from the details of
executions. After a particular execution was mishandled, causing the prisoner to suffer, a newspaper in the state
published a story describing the event in detail. The story was written by the newspaper's reporter, who was permitted to
observe the execution but did not promise prison officials that he would report only the warden's official statement. A
prosecutor subsequently filed charges against the newspaper for publishing the details of the execution in violation of the
state law.
Is this prosecution constitutional?
A. No, because the prosecution seeks to punish the publication of lawfully obtained, truthful information about a matter of
public significance, without adequate justification
B. No, because the reporter did not promise prison officials that he would report only the warden's official statement about
the execution
C. Yes, because the publication of the details of such events might cause psychological damage to some children
D. Yes, because the newspaper should have brought an action to test the validity of the law before publishing the
reporter's story
A.
