Chapter 6 Con Law Part 2

Question 1

Bill of Rights

Answer 1

The first ten amendments to the Constitution.

Question 2

The First Amendment

Answer 2

Freedom of religion, freedom of speech, freedom of the press, and the freedom to assemble and petition the government.

Question 3

Pure Speech

Answer 3

(words) are verbal statements or things that are written in a book or electronically.

Question 4

Symbolic Speech

Answer 4

Physical actions that express a point of view.

Question 5

Obscenity

Answer 5

Materials that lack any socially redeeming value that is not protected by the 1st amendment. Obscene materials can be banned!

Question 6

The Miller Test

Answer 6

The three prong test used by the courts to judge obscenity from Miller v. California

• It depicts or describes sexual conduct that is potentially offensive to local community standards
• Taken as a whole, the work appeals to a prurient interest (lustful, desirable)
• Lacks serious literary, artistic, political or scientific value

Question 7

Indecent Content

Answer 7

Portrays sexual or excretory organs or activities in a way that does not meet the three-prong test for obscenity. Has some protection under the Constitution.

Question 8

Profane Content

Answer 8

Grossly offensive language that is considered a public nuisance. Has some protection under the Constitution.

Question 9

Hate Speech

Answer 9

Expression of hatred for or violence against a specific minority group or other protected classes not constitutionally protected.

Question 10

Penalty Enhancement

Answer 10

Since hate speech is not constitutionally protected, penalty enhancement increases criminal penalty someone faces for demonstrating symbolic speech in a hateful or threatening manner.

Question 11

Limits of Expression

Answer 11

A balancing test between the government’s interest vs. effect on free speech.

Question 12

Clear and Present Danger Test

Answer 12

Does the gravity of the harm, discounted by its probability justify an invasion of free speech.

Question 13

Time and Place Restrictions

Answer 13

Restrictions that limit protected expression to certain times and places. It has to be content neutral and requires a permit or license.

Question 14

Laws Limiting The Right of Expression Must Be

Answer 14

• Narrowly Written
• Not limit the right to expression more than is clearly justified by the Government’s interest.

Question 15

If States Capture Both Protected and Unprotected Speech

Answer 15

It is overbroad and therefore unconstitutional.

Question 16

Freedom of Religion

Answer 16

The right to think, express and act upon what you truly believe.

Question 17

The Establishment Clause

Answer 17

Measures the Government relationship, interaction, or support for religious groups.

“Congress shall make no law respecting an establishment of religion.”

Question 18

Indecent/Profane content regulations

Answer 18

• Depends on the nature of the content
• Depends on the time of day of when the content is broadcasted on television.
• The context of the content
• FCC says no indecent/profane content between the hours of 6AM-10PM
  -Use of zoning laws, so sex shops and strip clubs are placed in certain areas where people less frequent.

Question 19

Due Process

Answer 19

The government cannot take away your life, liberty, or property without giving you a fair process in court before taking away those rights.

Question 20

Procedural Due Process

Answer 20

How the courts work, the process of what has to be done before your property, life, and liberty can be taken away from you.

Question 21

Procedural Due Process Rights

Answer 21

Notices- The government provides some kind of notice before taking away your liberty, life, and property. A copy of an indictment of the charges made against you.

Right to respond- You have the right to present your side of the argument

Neutral fact finder- A judge or a jury to hear the case

Availability of witnesses- People who can testify on your behalf.

Question 22

Substantive Due Process

Answer 22

Allowing the courts to prevent government interference with fundamental rights.

The right to privacy and to contraception
Griswold v. CT

Question 23

Equal Protection Clause

Answer 23

Found in section 1 in the 14th amendment.
“Nor shall any state…deny any person within its jurisdiction the equal protection of the laws.”
Originally drafted to protect freed slaves, but wording does not say “slaves” or even “citizens” it simply says “person” within its jurisdiction.

Question 24

Standard Scrutiny Test

Answer 24

The Plaintiff must prove that state action (state meaning governmental in this case) is not reasonably related to a legitimate government purpose. Also known as the rational basis test.

Used in cases not covered by other tests
Easy for the government to win
This test does not have to be successful, the Plaintiff has to at least show something
Discrimination based on wealth or poverty

Question 25

Intermediate Scrutiny Test

Answer 25

The Plaintiff must prove that governmental action is not substantively related to an important government purpose.

Question 26

Strict Scrutiny Test

Answer 26

Government must prove that action or law is constitutional. They have to prove their law or their action was necessary. Necessary meaning that the government had to pass this law to achieve a compelling government purpose.