Constitutional Law

Question 1

Content-Based Speech regulations

Answer 1

Strict scrutiny is triggered if the government regulates content or viewpoint based speech

Question 2

Obscenity

Answer 2

Obscenity is unprotected speech if:

(1) appeals to purient/sexual interests based on local community standards

(2) depiction or description is patently offensive per local standards, AND

(3) as a whole lacks serious artistic, political, scientific value to a reasonable person.

Question 3

Content-Neutral/ Time, Place, Manner Restrictions

Answer 3

Look to see where the speech is occuring/being regulated:

(1) public forum
(2) designated public forum
(3) limited public forum
(4) non-public forum

Question 4

Public Forum

Answer 4

Public property that has historically been open to speech-related activities like streets, sidewalks, and public parks.

To avoid strict scrutiny restriction must be…
(1) content neutral
(2) narrowly tailored to serve important government purpose
(3) leave open alternative channels for government communication

Question 5

Designated Public Forum

Answer 5

Public property that has not historically been open to speech related activities, but which the government has thrown open for such activities (ex. schoolrooms open for after school meetings)

To avoid strict scrutiny restriction must be…
(1) content neutral
(2) narrowly tailored to serve important government purpose
(3) leave open alternative channels for government communication

Question 6

Limited Public Forums

Answer 6

Government property not historically linked with speech and assembly but are opened for a specific speech activity.

The gov’t can regulate speech in such a forum to reserve the forum for its intended use.

Regulations are valid if…
(1) viewpoint neutral
(2) reasonably related to a legitimate gov’t purpose

Question 7

Non-public Forums

Answer 7

Gov’t properties not historically linked with speech and assembly and not held open for speech activities (ex. military base, post office, schools when class is in session, and gov’t workplaces)

Regulations are valid if…
(1) viewpoint neutral
(2) reasonably related to a legitimate gov’t purpose

Question 8

Commercial Speech

Answer 8

If commercial speech is truthful and not misleading, the regulation will be valid only if:

(1) it serves a substantial government interest;
(2) directly advances that interest; AND
(3) is narrowly tailored to achieve that interest

Question 9

13th Amendment Enabling Clause

Answer 9

Confers on Congress the authority to proscribe almost any private racially discriminatory action that can be characterized as a badge or incident of slavery

Question 10

14th Amendment Enforcement

Answer 10

Gives Congress the power to enforce the 14th Amendment by appropriate legislation.

Can only relate to public discrimination.

Question 11

Dormant Commerce Clause

Answer 11

If a state law is facially neutral, the law is only invalid if the burden on interstate commerce outweighs the promotion of a legitimate local interest.

If the law discriminates against out of state actors, invalid unless:
(1) Serves an important noneconomic state interest
(2)There are no reasonable nondiscriminatory alternatives

Question 12

Clear and Present Danger Test (Free Speech)

Answer 12

State cannot forbid advocating the use of force or violation of law unless such advocacy…
(1) is directed to producing or inciting imminent lawless action AND
(2) is likely to produce such action