JOMC 486 MIDTERM UNL EXAM
QUESTIONS AND ANSWERS GRADED A+
2025/2026
Strict Scrutiny - ANS the government must show the law or regulation furthers a compelling
governmental interest and is narrowly tailored for achieving that interest
Strict Scrutiny (if the law being challenged affects...) - ANS fundamental rights or pure speech
(or employs a content-based regulation of speech)
Intermediate Scrutiny - ANS the government must show the law or regulation serves a
substantial governmental interest and directly advances that interest
Intermediate Scrutiny (if the law being challenged affects...) - ANS nonfundamental rights or
speech plus conduct (or employs a content-neutral basis for regulating speech)
The rational-basis test - ANS the law or regulation serves a legitimate governmental purpose
and is reasonably related to that purpose
The rational-basis test (if the law being challenged affects...) - ANS no fundamental rights, no
speech issues or nonprotected speech
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, First Amendment - ANS Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or
the right of the people peaceably to assemble, and to petition the government for a redress of
grievances.
pure speech - ANS public speech, writing a letter, publishing a newspaper or book
intermediate speech - ANS Symbolic speech, advertising, broadcasting (some aspects)
unprotected speech - ANS fighting words, libel, obscenity, threats, fraud
Speech Action Dichotomy - ANS Speech that is protected, but action is not.
Political-Nonpolitical Speech Dichotomy - ANS speech that is political in the sense of
contributing to self-government receives the highest level of protection
content-neutral, content-based dichotomy - ANS examines the regulation, not the expression
content-based regulations - ANS subject to strict scrutiny
content-neutral regulations - ANS judged by a less demanding standard
Brandenburg Test - ANS 1. Intent to incite violence or unlawful activity
2. Imminence of violence or unlawful activity
3. Likelihood of violence or unlawful activity
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
QUESTIONS AND ANSWERS GRADED A+
2025/2026
Strict Scrutiny - ANS the government must show the law or regulation furthers a compelling
governmental interest and is narrowly tailored for achieving that interest
Strict Scrutiny (if the law being challenged affects...) - ANS fundamental rights or pure speech
(or employs a content-based regulation of speech)
Intermediate Scrutiny - ANS the government must show the law or regulation serves a
substantial governmental interest and directly advances that interest
Intermediate Scrutiny (if the law being challenged affects...) - ANS nonfundamental rights or
speech plus conduct (or employs a content-neutral basis for regulating speech)
The rational-basis test - ANS the law or regulation serves a legitimate governmental purpose
and is reasonably related to that purpose
The rational-basis test (if the law being challenged affects...) - ANS no fundamental rights, no
speech issues or nonprotected speech
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, First Amendment - ANS Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or
the right of the people peaceably to assemble, and to petition the government for a redress of
grievances.
pure speech - ANS public speech, writing a letter, publishing a newspaper or book
intermediate speech - ANS Symbolic speech, advertising, broadcasting (some aspects)
unprotected speech - ANS fighting words, libel, obscenity, threats, fraud
Speech Action Dichotomy - ANS Speech that is protected, but action is not.
Political-Nonpolitical Speech Dichotomy - ANS speech that is political in the sense of
contributing to self-government receives the highest level of protection
content-neutral, content-based dichotomy - ANS examines the regulation, not the expression
content-based regulations - ANS subject to strict scrutiny
content-neutral regulations - ANS judged by a less demanding standard
Brandenburg Test - ANS 1. Intent to incite violence or unlawful activity
2. Imminence of violence or unlawful activity
3. Likelihood of violence or unlawful activity
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
