Constitutional Law

Question 1

First Amendment

Answer 1

Generally restricts government regulation of speech based on content of speech unless the government can prove the restriction is necessary to achieve a compelling interest.

Question 2

Fighting Words

Answer 2

The first amendment does not protect them. Personally abusive epithets that, when addressed to an ordinary person, are likely to incite immediate physical retaliation.

Question 3

Overbroad regulations of speech

Answer 3

Overbroad regulations that punish substantially more speech than is within its legitimate sweep are not enforceable against anyone. They are legitimate if they have been interpreted to bar the threat to constitutionally protected speech.

Question 4

Speech that incites imminent lawless action

Answer 4

They are not protected by the first amendment.

Question 5

Under the first amendment, what must a public figure show to bring a defamation action?

Answer 5

Actual malice

Actual malice is a statement made with knowledge of its falsity or with reckless disregard for its truth.

Question 6

Invasion of Privacy

Answer 6

Publishing private info about a person that would be objectionable to a reasonable person (truth is not a defense, but if a matter is of public concern, the publication is privileged absent actual malice).

Question 7

The thirteenth amendment

Answer 7

The thirteenth amendment simply provides that neither slavery nor involuntary servitude shall exist within the united states and gives Congress the power to adopt the appropriate legislation to enforce the proscription.

Question 8

The Fourteenth Amendment

Answer 8

The fourteenth amendment prohibits states from depriving any person of life, liberty, or property without due process of law.