Constitutional Law

Question 1

A content-neutral speech regulation will be upheld if:

Answer 1

(1) it furthers important interests that are not related to the suppression of speech and (2) does not burden more speech than is necessary to advance such interests

Question 2

A content-neutral speech regulation will be held to a _________ standard.

Answer 2

intermediate scrutiny

Question 3

A content-based speech regulation is subject to a ______ standard.

Answer 3

strict scrutiny

Question 4

A content-based speech regulation will be upheld if:

Answer 4

it is necessary to serve a compelling government interest and is narrowly drawn to achieve that purpose

Question 5

A regulation related to speech in a nonpublic forum will be upheld if:

Answer 5

it is reasonably related to a legitimate regulatory purpose

Question 6

A governmental regulation of speech in a public forum or a designated public forum must meet the following to be valid:

Answer 6

(1) be content neutral; (2) be narrowly tailored to serve an important government interest; and (3) leave open alternative methods of communication.

Question 7

If a regulation of speech targets truthful advertisement concerning lawful activities, it will be valid __________.

Answer 7

if it serves a substantial government interest, is narrowly tailored to serve that interest, and directly advances the interest.

Question 8

A prior restraint requires:

Answer 8

narrowly drawn, reasonable, and definite standards; prompt action in seeking an injunction; and a prompt and final judicial determination of the validity of the restraint.

Question 9

In regard to what constitutes obscenity for First Amendment purposes, to determine whether material __________, a national standard must be used.

Answer 9

is lacking in serious social value

Question 10

Commercial speech can be regulated if the regulation:

Answer 10

serves a substantial government interest, directly advances that interest, and is narrowly tailored to serve that interest.

Question 11

________ or _________ commercial speech is not protected by the First Amendment.

Answer 11

False; misleading

Question 12

Speech may be punished or banned under the clear and present danger test whenever it is

Answer 12

directed to producing or inciting imminent lawless action and is likely to produce such action.

Question 13

A designated public forum is

Answer 13

public property that usually is not used for speech-related activity, but that the government has opened for such activity at particular times (e.g., a public school gym that can be reserved by the public for use when not being used by the school).

Question 14

A limited public forum is

Answer 14

public property that usually is not used for speech-related activity, but that the government has opened up for such activity for a particular purpose (e.g., a school gym that has been opened up to host a political debate).

Question 15

To be valid, a time, place, and manner regulation of a limited public forum must be __________.
response - incorrect

Answer 15

viewpoint neutral and rationally related to a legitimate government purpose

Question 16

The three-part Lemon test, applied in cases in which there is no preference for one religious group over another, is that:

Answer 16

1. The action has a secular purpose,
2. The action has a primary effect that neither advances nor inhibits religion, and
3. The action does not produce excessive government entanglement with religion.

Question 17

Minimal scrutiny or rational basis standard

Answer 17

Under this standard, a law will be upheld as long as it is rationally related to a legitimate government interest