BUL 3310 FSU Prof. Marzen- Exam 2 Questions & Answers Already Passed!!

If a right has been impacted by a state action, then a court must balance the interests served by the federal or state statute, and the nature of the right that is being denied. - Answer-Constitutional Balancing Test Government must establish that its action necessarily relates to a compelling state interest. Usually results in governmental action being held to be unconstitutional. Ex. infringing on voting rights, discrimination of race or national origin. - Answer-Strict Scrutiny Government must establish that its action substantially relates to an important state interest. Results vary upon situation. Ex. commercial speech, discrimination of sex, gender. - Answer-Intermediate Scrutiny Government must establish that its action reasonably relates to a legitimate state interest. Usually results in governmental action being held to be constitutional. Ex. laws relating to economic regulation. - Answer-Rational Basis "Congress shall make no law...abridging the freedom of speech." - Answer-Freedom of Speech True/False: Freedom of speech is not absolute - you cannot yell "fire" in a crowded theater and some statutes that attempt to control obscenity have been held to be constitutional. - Answer-True On a community standards test, must be patently offensive, and must lack serious literary, artistic, political, or scientific value using a national reasonable person standard. - Answer-How is obscenity judged in terms of freedom of speech? True/False: Government never has the power to control the time, place and manner of speech. - AnswerFalse Government must show a compelling governmental purpose for restricting this type of speech. Strict scrutiny test is applied. - Answer-Restricting Political SpeechGovernment must show that any restriction must 1) further a substantial governmental interest, 2) the restriction directly advances that interest, and 3) the restriction is no more extensive than necessary. Intermediate scrutiny test is applied. - Answer-Restricting Commercial Speech True/False: Freedom of speech protects commercial speech that MISLEADS or promotes ILLEGAL activity. - Answer-False True/False: dvertising and marketing activities may be subject to federal and state laws geared to prevent consumers from being misled (example: state consumer protection acts). - Answer-True "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." - Answer-Freedom of Religion Prohibits the government from punishing someone on the basis of their religious beliefs. - Answer-Free Exercise Clause Prohibits laws respecting the establishment of religion. - Answer-Establishment Clause True/False: If a state action or regulation contains no religious preference, it is valid under the Establishment Clause if it: 1. Has a secular purpose 2. Has a secular effect that neither advances nor inhibits religion 3. Does not produce undue government entanglement with religion - Answer-True Which amendment is freedom of speech/religion under? - Answer-1st Amendment Prohibit the government from depriving an individual or a legal entity of life, liberty, or property without due process of law. - Answer-Due Process Clause (5th and 14th Amendments)Government must follow specific procedures when it takes completely or denies in part any aspect of life, liberty, or property. - Answer-Procedural Due Process 1. Notice that the government is going to act and why 2. A hearing before any governmental action takes place so that the individual or entity with the right has an opportunity to be heard 3. An ability to appeal the determination made at the hearing. - Answer-Components of Due Process