Chap 3 Part 1

Question 1

What is Prior Restraint?

Answer 1

Censorship forbidding certain speech from being made rather than punishing unlawful communication.

Question 2

Why is Prior Restraint considered a greater threat to freedom?

Answer 2

It prevents speech before it occurs, which is more harmful than punishing speech after it has been made.

Question 3

What types of speech may not be censored?

Answer 3

Offensive speech/communication.

Question 4

What are examples of permissible censorship?

Answer 4

• National Security concerns
• Parental warnings
• Confidential court information

Question 5

What was the significance of Near v. Minnesota (1931)?

Answer 5

It established that prior restraints are generally improper in the US.

Question 6

What did the Court hold regarding newspapers in Near v. Minnesota?

Answer 6

A newspaper may not be censored before publication except under very rare and exceptional circumstances.

Question 7

What test was established in Schenck v. US?

Answer 7

The Clear and Present Danger test.

Question 8

What was the outcome of New York Times v. US (Pentagon Papers)?

Answer 8

The government failed to demonstrate that publication would affect national security.

Question 9

What did the Court decide in Cox Broadcasting (1975) regarding crime victim names?

Answer 9

Neither the 1st nor 14th Amendment permits penalties for publishing truthful information lawfully obtained from court records.

Question 10

What are Rape Shield Laws?

Answer 10

Laws regulating the publication of information regarding rape victims.

Question 11

What was the ruling in Florida Star Case (1989)?

Answer 11

A newspaper was not liable for naming a rape victim.

Question 12

What does the Court say about ‘Hate Speech’?

Answer 12

‘Hate Speech’ is not a category of unprotected expression.

Question 13

What constitutes ‘fighting words’ according to Chaplinsky v. New Hampshire (1942)?

Answer 13

Speech that is likely to produce an immediate violent response and is directed at someone specific.

Question 14

What did Cohen v. California (1971) establish about offensive expression?

Answer 14

‘F$%K the draft’ was deemed constitutionally protected expression.

Question 15

O’Brien Test

Answer 15

Content-neutral: The law cannot discriminate based on the message being conveyed.
Significant government interest: The government must have a substantial reason for regulating the conduct.
Narrowly tailored: The regulation must be the least restrictive means to achieve its goal.

Question 16

What is the significance of Texas v. Johnson and US v. Eichman regarding flag burning?

Answer 16

Flag burning is legally protected speech.

Question 17

What did the Court rule in RAV v. St. Paul about hate speech?

Answer 17

Hate speech cannot be banned based on its content.

Question 18

What are ‘True Threats’?

Answer 18

Unprotected speech that involves threats to harm.

Question 19

What was the outcome of Watts v. US (1969)?

Answer 19

The Court upheld a statute making it a crime to threaten to harm the President.

Question 20

What is required to prove a ‘true threat’?

Answer 20

Must demonstrate intent to harm rather than merely being interpreted as threatening.

Question 21

What are Time, Place, and Manner Regulations?

Answer 21

Content-neutral restrictions on 1st Amendment activities that may require permits.

Question 22

What did the Court decide regarding Jehovah’s Witness soliciting in Lovell v. City of Griffin (1938)?

Answer 22

The ordinance requiring a permit to solicit was unconstitutional.

Question 23

What was held in Schneider v. NJ (1939) about solicitation?

Answer 23

The city must punish actual litterers, not the publishers.

Question 24

What was the ruling in the second Hare Krishna case regarding soliciting at airports?

Answer 24

Soliciting could be banned, but literature distribution must be permitted.

Question 25

What did the Court rule in Rumsfeld v. Forum for Academic and Institutional Rights (2006)?

Answer 25

The Solomon Act does not require law schools to support military recruitment.

Question 26

What did the Court decide in City of Lakewood v. Plain Dealer Publishing Co. regarding newsracks?

Answer 26

The city could not arbitrarily choose which newspapers to approve for newsstands.

Question 27

What does the 9th Circuit's ruling on City Council meetings indicate?

Answer 27

1st Amendment does not protect unlawful conduct but must be carefully defined.

Question 28

What was decided in Hrdlicka v. Reniff (2011) regarding access to prison inmates?

Answer 28

1st Amendment interest in distributing information does not depend on a recipient's prior request.

Question 29

What is the general principle regarding access to public places for expressive activities?

Answer 29

Governments may impose reasonable time, place, and manner restrictions.

Question 30

What was the main issue addressed in Hrdlicka v. Reniff (2011)?

Answer 30

Access to prison inmates and the First Amendment rights concerning distribution of information ## Footnote The court held that the First Amendment interest in distributing and receiving information does not depend on a receipt’s prior request for that information.

Question 31

What ruling did the court make in Marsh v. Alabama (1946)?

Answer 31

Private property functioning like a public space must allow distribution of literature ## Footnote The case involved Jehovah's Witnesses being expelled for distributing leaflets.

Question 32

What was the outcome of Amalgamated Food Employees Local v. Logan Valley Plaza (1968)?

Answer 32

The court applied public forum principles to private shopping centers ## Footnote The case involved union picketing that was forbidden on the shopping center’s premises.

Question 33

What significant change occurred in Lloyd v. Corp Tanner (1972)?

Answer 33

The court permitted banning anti-war protesters from a mall ## Footnote The court found no relationship between the literature and merchants in the mall.

Question 34

What did the court decide in Hudgens v. NLRB (1976)?

Answer 34

No constitutional right to distribute literature in a private shopping mall ## Footnote This was in relation to warehouse employees picketing a shopping mall.

Question 35

What was the key ruling in PruneYard Shopping Center v. Robins (1980)?

Answer 35

California Constitution protects free speech more than the US Constitution ## Footnote The court upheld high school students' rights to distribute literature opposing a UN resolution.

Question 36

What was the ruling regarding the Vegas Strip in the 2001 case involving picketing workers?

Answer 36

The Vegas Strip was deemed a public forum under the First Amendment ## Footnote The case involved workers picketing at the Venetian Hotel.

Question 37

What did the court rule in City of Ladue v. Gilleo (1994)?

Answer 37

Overturned an ordinance that practically banned all signs in front yards ## Footnote The case involved a resident's right to protest the Gulf War with signs.

Question 38

Do private organizations have the right to exclude groups from parades? True or False?

Answer 38

True ## Footnote The court upheld the rights of the Hibernians to exclude gay and lesbian groups from the NYC St. Patrick’s Day parade.

Question 39

What was the ruling in Boy Scouts of America v. Dale (2000)?

Answer 39

The Boy Scouts may exclude gay troop leaders ## Footnote The court affirmed the right of private organizations to set their own moral codes.

Question 40

What did the court uphold in Madsen v. Woman’s Health Center (1994)?

Answer 40

A 36-ft buffer zone around abortion clinics was constitutional ## Footnote The court found this buffer did not excessively restrict demonstrators' rights.

Question 41

What was the outcome of Schenck v. Pro-Choice Network (1997)?

Answer 41

The court upheld a 15 ft no protest zone around clinic entrances ## Footnote It ruled that demonstrators had rights to approach people on public sidewalks.

Question 42

What did Hill v. Colorado (2000) uphold?

Answer 42

An 8 ft floating buffer zone around abortion clinics ## Footnote The court ruled the law was narrowly tailored to serve a compelling interest.

Question 43

What was the ruling in McCullen v. Coakley (2014)?

Answer 43

Struck down a Massachusetts buffer zone law for being unconstitutional ## Footnote The law criminalized standing within 35 ft of a clinic.

Question 44

What did the 9th Circuit rule in Center for Bio-ethical Reform v. LA County Sheriff (2008)?

Answer 44

Protestor rights were infringed when their protest was shut down ## Footnote The court found it unacceptable to remove speakers based on audience reaction.

Question 45

What did the court decide in Frisby v. Schultz (1988)?

Answer 45

Protests in front of doctors' homes are not protected ## Footnote The court ruled individuals are free from harassment in their homes.

Question 46

What was the outcome of Snyder v. Phelps (2011)?

Answer 46

Westboro Baptist Church protests were protected free speech ## Footnote The court emphasized the importance of protecting even hurtful speech.

Question 47

What did the court rule in Minnesota Voters Alliance v. Mansky (2018)?

Answer 47

Struck down a law banning political apparel inside polling places ## Footnote The court found the law banning clothing with political insignia was unreasonable.

Question 48

What was the decision regarding media access to polling places in the 3rd Circuit in 2013?

Answer 48

The media is not entitled to greater protection than the general public ## Footnote This was upheld in a law restricting media access.

Question 49

What did Rideout v. Gardner (2016) conclude about ballot selfies?

Answer 49

The law banning digital photography of marked ballots was unconstitutional ## Footnote The court recognized the importance of political speech related to ballot selfies.