Constitutional Law: The relationship between governments (state and federal) and individuals (individual rights or civil liberties)

Question 1

State Action

Answer 1

The Constitution applies only to government action; it does not apply to government inaction.

the Constitution generally does not apply to the actions or inactions of private individuals and companies.

Congress may, by statute, require private individuals to conform to constitutional standards

Question 2

instances where private individuals and companies will be considered “state actors” subject to the 14th Amendment

Answer 2

if a private person or company is performing a traditional, exclusive government function (e.g., operating a company town or conducting a primary election)

the government affirmatively authorizes, encourages, or facilitates an unconstitutional activity

Question 3

A private company or association will not be considered a “state actor” solely because:

Answer 3

The government provides its funding, even 99% of its funding

The government has licensed the company

The government has approved the company’s name and charter

The association has government members

The government regulates the company

The company is working under a government contract

Question 4

Incorporation

Answer 4

the Bill of Rights have been incorporated into the 14th Amendment and thus made applicable to state and local governments, except for the:

Fifth Amendment’s right to a grand jury in a criminal case

Seventh Amendment’s right to a jury in a civil case

Question 5

Rational Basis test

Answer 5

the challenger must prove:

that the law is not rationally related to any legitimate government purpose (actual or conceivable);

this is the default test in due process and equal protection cases

This is the easiest test for the Gov. to win

Question 6

Intermediate Scrutiny

Answer 6

the government must prove that the law is substantially related to an important government interest

more challenging for the gov. to prove

usually only applies to cases that deal with gender and Non-marital children

Question 7

Strict Scrutiny

Answer 7

the government must prove that the law is necessary (or narrowly tailored) to achieve a compelling government interest

the hardest test for the government to prove

Question 8

Procedural Due Process

Answer 8

Before the government may deprive an individual of liberty (i.e., freedom from confinement) or property (e.g., government job, government benefits, government license), the government must give the person notice of termination (including the reasons for termination) and some form of hearing.

There is a right to procedural due process only when the government deprives an individual of liberty or property; there is no such right when the government acts generally

Question 9

Substantive Due Process- Fundamental Rights

Answer 9

If a law directly and substantially impairs a “fundamental right,” the court will apply Strict Scrutiny and the law will probably be invalidated.

Fundamental rights are those rooted in the history and traditions of America. They include not only those rights enumerated in the Bill of Rights, but also certain implied privacy rights

Question 10

Substantive Due Process- Fundamental Rights: Implied Privacy Rights

Answer 10

the right to control the education and upbringing of one’s children

the right to acquire and use contraceptives (regardless of age)

the right to marry (including same-sex marriages)

the right to procreate (i.e., thus, no forced sterilization)

the right to custody of one’s children (e.g., a grandparent visitation law has been found to violate this right)

the right of family members to live together (includes extended family, but not unrelated persons)

the right of a competent adult to refuse life sustaining medical treatment, hydration, and food
• a state may require clear and convincing evidence of the patient’s intent to refuse life sustaining medical treatment, hydration, and food
• there is no right to commit suicide or for assistance to commit suicide
• a state may force parents to obtain medical care for children

right to engage in adult, consensual, non-commercial sex in one’s home

Question 11

Substantive Due Process- Abortion

Answer 11

Test for pre-viability regulations: does the regulation impose an undue burden (i.e., a substantial obstacle) on the woman’s right

Test for post-viability abortions: a state may ban such abortions, as long as there are exceptions for abortions necessary to protect the life or health of the mother

There is no right to government-subsidized abortions, and there is no requirement that public hospitals perform abortions

Question 12

Pre-viability: Regulations that impose an undue burden

Answer 12

the following regulations impose an undue burden:

a spousal consent or notification requirement

requirement that doctor have “admitting privileges” at nearby hospital

requirement that clinics have hospital-grade facilities

Question 13

Pre-viability: Regulations that DO NOT impose an undue burden

Answer 13

the following regulations do NOT impose an undue burden:

24-hour waiting period

requirement that abortions be performed by a licensed physician

parental notice/consent for a minor’s abortion, if the law contains a judicial bypass

Question 14

Substantive Due Process- Default

Answer 14

If the government regulation does not interfere with a fundamental right (or abortion), the regulation will be subject to the rational basis test and thus will probably be upheld.

Question 15

Substantive Due Process- Default Exception

Answer 15

Exception: “Grossly excessive” punitive damage awards violate the Due Process Clause

• Punitive damages that exceed compensatory damages by a ratio of more than 9:1 are probably “grossly excessive”
• Punitive damages are less likely to be found excessive if the defendant committed an intentional or reckless tort causing serious personal injuries

Question 16

The 2 fundamental rights protected by the equal protection clause

Answer 16

1) right to vote

2) right to travel

Question 17

Restrictions on the right to vote (general rule)

Answer 17

There is a fundamental right to vote in national, state, and local elections;

restrictions on voting, other than those based on age (18), residency, and citizenship, are generally invalid

Question 18

Invalid restriction on the right to vote

Answer 18

The following restrictions are invalid:

a requirement that voters have children in order to vote in a school board election

poll taxes or educational requirements

property ownership (except for “water district” elections)

Question 19

Valid restriction on the right to vote

Answer 19

The following restrictions are valid:

presentation of government-issued photo I.D.

proof of residency for a short period (e.g., 30 days)

Question 20

One person-one vote rule

Answer 20

One person-one vote rule (e.g., the seats in both houses of a state legislature must be apportioned on a population basis)

appointments of officials and at-large elections are valid as long as not used to suppress minority voting power

racial gerrymandering must meet strict scrutiny if race was a “predominant factor” in drawing the district’s lines

states may measure districts by counting “total population” instead of eligible voters

Question 21

Equal Protection- Right to Travel

Answer 21

There is a fundamental right to travel interstate and to be treated like a long-term resident once becoming a permanent resident of a state

Laws that prohibit entering or leaving a state must meet strict scrutiny

Durational residency requirements are subject to strict scrutiny, but some have been upheld

Benefits that distinguish between long-term and short-term residents are subject to strict scrutiny (and probably also violate the 14th Amendment’s Privileges and Immunities Clause)

Federal restrictions on international travel are subject only to the Rational Basis Test

Question 22

Access to Courts

Answer 22

Laws denying indigents access to the courts where some fundamental liberty interest is at stake have been invalidated, including:

the fee for a trial transcript, which was necessary for a convicted criminal to appeal

the filing fee required to initiate divorce proceedings

the fee charged for blood tests in paternity proceedings

the fee to prepare the appellate record in a termination of parental rights action
o But courts have upheld fees where no fundamental liberty interest was at stake, including:

the fee for filing a bankruptcy petition

the fee to secure review of eligibility for welfare benefits

Question 23

Equal Protection- Classifications

Answer 23

The Equal Protection Clause guarantees that similarly situated persons will be treated alike.

If a law purposely discriminates against a group, the law will be subject to the equal protection clause of the 14th Amendment or the due process clause of the 5th Amendment for the federal government (i.e., reverse incorporation).
If the law does not “purposely” discriminate, it will be subject to the rational basis test.

The level of scrutiny to apply will depend on what group is being singled out.

Question 24

Equal Protection- Suspect Classes

Answer 24

Discrimination in favor of or against suspect classes is subject to strict scrutiny and will rarely be upheld.

There are three suspect classes:

(1) Race
(2) National origin (ancestry)
(3) Alienage (sometimes)

Question 25

Equal Protection- Quasi Suspect Classes

Answer 25

Discrimination in favor of or against quasi-suspect classes is subject to intermediate scrutiny and will rarely be upheld. There are two quasi-suspect classes:

(1) Gender
(2) Non-
MArital Children

Question 26

Equal Protection- Quasi Suspect Classes: Gender

Answer 26

the government must show an “exceedingly persuasive justification” for laws that intentionally discriminate based on traditional stereotypes.

But laws designed to remedy past discrimination against women (e.g., different methods used to calculate social security benefits or different periods for military promotions) are valid

Question 27

Equal Protection- Quasi Suspect Classes: Non-marital children

Answer 27

Non-Marital Children: A law that treats non-marital children (i.e., those born out of wedlock) differently than marital children is subject to intermediate scrutiny.

Example of a valid law: a law that requires non-marital children to prove paternity before inheriting from their father is valid, because it treats some non-marital children (i.e., those that can prove paternity) the same as marital children

Example of invalid law: a law that prohibits all non-marital children from inheriting from their fathers, but allows all marital children to so inherit, is invalid

Question 28

Equal Protection- All Other Classifications

Answer 28

Except for classifications based on suspect or quasi-suspect classes, all other classifications are subject to the Rational Basis Test, and thus will generally be upheld. This includes classifications based on age, wealth, education, disabilities, etc.

Such classifications, however, must be based on “legitimate” government interests. The Court has held that irrational prejudice, societal fear, or the desire to harm a politically unpopular group (gay men, mentally retarded adults, children of illegal aliens, hippies) is not a “legitimate” government interest.

Question 29

Taking Clause

Answer 29

Governments may take private property for public use, but the private landowner is entitled to just compensation.

Real property, personal property, and intangibles may be the subject of a “taking.”

Questions to determine if this clause is triggered:

(1) Has there been a “taking” of property?

• If not, has a government regulation diminished the use and/or value of private property?
• If not, has the government conditioned a building or construction permit or zoning variance or petition on the owner’s agreement to grant an easement to the government or the public or to set aside land for public or third party use or to make a monetary exaction?

(2) If there has been a taking, was it for a “public use”?
(3) If there has been a “taking” for a “public use,” the government must pay “just compensation.”

Question 30

Second Amendment

Answer 30

The Second Amendment guarantees the right to purchase, carry, and use typical weapons (e.g., handguns) for the purpose of self-defense. The Second Amendment does not guarantee the right to carry “dangerous or unusual weapons.”

Gun control laws are subject to at least intermediate scrutiny.

The Second Amendment’s right to keep and bear arms applies to state and local governments via the 14th Amendment.

Question 31

First Amendment

Answer 31

The First Amendment prohibits Congress from:

Making any law abridging the freedom of speech or the press

Making any law abridging the freedom of religion (Free Exercise Clause)

Establishing a religion (Establishment Clause)

The restrictions apply to state and local governments via the 14th Amendment

Question 32

Content-Based v. Content-Neutral Speech

Answer 32

If the law regulates the content of the speech, the law must satisfy Strict Scrutiny.

By contrast, content-neutral regulations (e.g., no amplified music after 10:00 p.m. or no loud speakers) are subject only to Intermediate Scrutiny (i.e., narrowly tailored to a significant government interest)

two types of laws that are “content-based”:

• those that discriminate on the basis of subject matter (e.g., “all picketing is banned except for labor picketing”)
• those that discriminate on the basis of viewpoint (e.g., “all picketing is banned except for pro-labor picketing”)

Question 33

Content-Based Regulations-Unprotected and Less Protected Speech: Clear & present danger

Answer 33

speech may be banned where it (a) is directed (i.e., intended) to produce or incite (b) imminent lawless action, and (c) is likely to produce or incite such action.

• however, most statutes attempting to ban such unprotected speech are unconstitutionally overbroad and/or vague.

Question 34

Content-Based Regulations-Unprotected and Less Protected Speech: threats

Answer 34

“true threats”– statements meant to communicate an intent to place an individual or group in fear of bodily harm—are not protected by the First Amendment.

examples: speech that willfully threatens the life of the president or cross burning with the intent to intimidate

Question 35

Content-Based Regulations-Unprotected and Less Protected Speech: fighting words

Answer 35

speech personally directed to a specific listener or group that is likely to incite a physical retaliation (i.e., a direct personal insult or an invitation to fight) may be banned.

but for the past 50 years, all fighting words laws have been found to be either unconstitutionally vague or not view-point neutral

Question 36

Content-Based Regulations-Unprotected and Less Protected Speech: Defamation

Answer 36

Defamatory speech is not protected by the First Amendment

Laws punishing false statements that do not constitute defamation or commercial speech are subject to strict scrutiny and will rarely be upheld

The media may not be subject to criminal or civil liability for publishing truthful information about a public matter that was either lawfully obtained or was illegally obtained by someone other than the media.

Neither the public nor the press has a constitutional right to government information or to attend federal government meetings, etc., except for criminal trials

Question 37

Content-Based Regulations-Unprotected and Less Protected Speech: Commerical Speech

Answer 37

False, misleading, and deceptive commercial speech, as well as the advertisement of illegal activities, may be banned

o Under this rule, a state may ban attorney in-person solicitation of fee-paying clients and contact with accident victims within 30 days of an accident.

All other commercial speech is protected by the First Amendment and may be regulated only if the government satisfies a test similar to Intermediate Scrutiny

Question 38

Government Property: Public forums

Answer 38

These include major sidewalks, streets, and parks. For the government to regulate speech in such public forums, the regulation must be (a) content-neutral, (b) a reasonable time, place and manner restriction, (c) narrowly tailored to serve a significant (or substantial) government interest, and (d) must leave open alternative channels of communication. The government is NOT required to use the least restrictive means of accomplishing its goals.

• In a public forum, content-based restrictions on speech must survive strict scrutiny.

Question 39

Government Property: Designated Public Forum

Answer 39

These are non-public forums that the government has opened by policy or practice to speech. Designated public forums are subject to the same rules as public forums, but the government may close the property entirely at any point.

Question 40

Government Property: non-public forums

Answer 40

All other government property is non-public. The government may regulate speech in non-public forums if the regulation is (a) viewpoint neutral, and (b) reasonably related to a legitimate government purpose.

Examples of non-public forums: military bases, schools, government workplaces, courthouses (and grounds), prisons and jails (and grounds), post office sidewalks, street signs, etc. (no right to post signs), airport terminals, political debates on public television, ad space on city buses, government radio stations, and polling places on election day.

Question 41

Government Property: Limited public forum

Answer 41

A limited public forum arises when the government opens a non-public forum but limits the expressive activity to certain groups or to certain subjects, such as state university meeting facilities available for student groups or open school board meetings. Limited public forums are subject to the same test as non-public forums

Question 42

Government Property: special rules: Public schools (k-12)

Answer 42

The First Amendment protects the free speech rights of public school students. However, the Supreme Court has identified four categories of speech that school officials may constitutionally restrict:

(1) school-sponsored speech (e.g., a school newspaper);
(2) vulgar, lewd, or obscene speech;
(3) speech promoting illegal drug use; and
(4) speech that does not fit within the first three categories, but nonetheless causes a material disruption to the educational process, is reasonably likely to do so, or interferes with the rights of other students.

• Public schools usually may not regulate a student’s off-campus speech

Question 43

Government Property: Special rules: Government workplace

Answer 43

If the speech is made pursuant to an employee’s official duties, a government employer may punish the employee for such speech, even if it involves a matter of public concern. If the speech is not made pursuant to the employee’s official duties, the following tests apply:

• If the speech does not involve a matter of public concern (e.g., petition circulated intra-office regarding the employer’s transfer policies), the government may punish the employee if the speech was disruptive to the work environment.
• If the speech involves a matter of public concern (e.g., letter to the media attacking superintendent’s proposals to raise revenue), the court will balance the employee’s right as a citizen to comment on a matter of public concern against the government’s interest in efficient performance of public service.

Question 44

Government Property: Special rules: Prisons

Answer 44

Speech may be regulated in prisons if reasonably related to legitimate penological interests. A restriction on incoming mail will be upheld if it is rational; a restriction on outgoing mail must be narrowly tailored.

Question 45

Conduct (Symbolic Speech)

Answer 45

The government may regulate symbolic speech if

(a) the regulation furthers an important government interest
(b) that is unrelated to the suppression of speech, and
(c) the burden on speech is no greater than necessary

the Court has invalidated regulation of inherently expressive conduct, such as flag burning, cross burning (unless done with the intent to intimidate others), swastika painting, and the wearing of black armbands by students.

Question 46

Prior Restraints

Answer 46

Prior restraints on speech are presumptively void. There are three types of prior restraints.

Question 47

Prior Restraints: Judicial orders prohibiting speech

Answer 47

For a court to enter an injunction or other order prohibiting speech, such as a gag order on the press, the court must satisfy Strict Scrutiny, which it will rarely be able to do.

According to the Collateral Bar Rule, a person must comply with a court injunction even if it is unconstitutional. Failure to do so will result in contempt.

A prior restraint is permissible when the parties have contractually agreed to the restraint or in case of national security

Question 48

Prior Restraints: Judicial orders prohibiting speech

Answer 48

For a court to enter an injunction or other order prohibiting speech, such as a gag order on the press, the court must satisfy Strict Scrutiny, which it will rarely be able to do.

According to the Collateral Bar Rule, a person must comply with a court injunction even if it is unconstitutional. Failure to do so will result in contempt.

A prior restraint is permissible when the parties have contractually agreed to the restraint or in case of national security

Question 49

Prior Restraints: Licensing and permit schemes

Answer 49

If there is an ordinance or other law requiring a person to obtain a permit or license to speak, march, etc., such system must provide
(1) definite standards for the granting of the license or permit;

(2) no discretion in the granting official (including discretion to charge different amounts);
(3) prompt issuance; and
(4) prompt judicial review.

Question 50

Prior Restraints: Physical Seizure or Prohibition

Answer 50

The government physically seizes the means of speech (e.g., printing press, film, computer) or prohibits certain types of speech from using the postal system.

Question 51

First Amendment- Miscellaneous Rules: Taxing and Regulating the Press

Answer 51

The press and other media are subject to general business regulations and taxes, but may not be singled out for special regulations or taxes.

• There is no “reporter’s privilege” under federal law; thus, reporters may be forced to divulge their sources at grand jury proceedings and trials.

Question 52

First Amendment- Miscellaneous Rules: Freedom of association

Answer 52

There is an implied freedom of association in the First Amendment, which prohibits regulation (including anti-discrimination laws) of intimate, private groups and clubs, but not large clubs with unselective membership or that are used for business contacts. Also, expressive groups (Boy Scouts) can have exclusive membership, even if the group was not formed for the sole purpose of propagating a particular message.

Question 53

First Amendment- Miscellaneous Rules: Political Contributions

Answer 53

The government may limit the amount a person may give to a particular candidate, but may not limit the amount a person or group may spend on an election or referendum. The government also may not limit the amount a person spends on his or her own campaign. But the government may ban personal solicitation of funds by judicial candidates.

Question 54

First Amendment- Miscellaneous Rules: Loyalty Oaths

Answer 54

The government may require a person to swear to support the constitutions (state and federal) or swear to oppose unlawful attempts to overthrow the government to obtain government employment or become a member of the bar. Persons may not be required to “support the flag” or swear not to “advocate” an overthrow of the government as an abstract idea.

Question 55

First Amendment- Miscellaneous Rules: Group Membership

Answer 55

A person may not be punished or precluded from public employment, etc. because of membership in an organization (e.g., the communist party), unless that person was a knowing and active member with the specific intent to further the organization’s unlawful aims. Laws that require groups to disclose membership are subject to strict scrutiny.

Question 56

First Amendment- Miscellaneous Rules: Government Funding of Speech

Answer 56

Government funding may be content-based, as long as it is view-point neutral (e.g., the government may choose artists, etc. to which to give grants)

• But if a college gives financial support to student groups, it may not exclude religious groups.
• The First Amendment is violated when money is taken from nonconsenting government employees for a public-sector union; employees must choose to support the union before anything is taken from them.

Question 57

First Amendment- Miscellaneous Rules: Overbroad and vague

Answer 57

Laws that are vague or overbroad are not enforceable, and may be facially challenged (even by those whose speech would not be protected). A law is overbroad if it prohibits substantially more speech than required (e.g., “all live entertainment”). A law is vague if a reasonable person would not know what speech is prohibited (e.g., “all First Amendment activities”).

• A vague or overbroad state statute may be saved if the courts of that state have limited its application to unprotected speech.

Question 58

First Amendment- Miscellaneous Rules: Right not to speak

Answer 58

The First Amendment protects a person’s right not to speak

(e.g., a person may tape over the statement “Live Free or Die” on license plates; a person may not be forced to salute or pledge to the flag; and a clinic may not be forced to give patients a government-drafted notice about the availability of abortion and contraception); moreover, a person has the right to speak anonymously.

Question 59

First Amendment- Miscellaneous Rules: Intellectual Property

Answer 59

The First Amendment does not protect the publication of a private performance (without the consent of the performer) or the republication of copyrighted material (without the consent of the author). In addition, the government’s denial of a trademark application on grounds that the trademark is “derogatory” is an unconstitutional suppression of free speech.

Question 60

Free Exercise Clause

Answer 60

The First Amendment prohibits Congress from passing any law abridging the freedom of religion. The 14th Amendment incorporates this clause, thus making it applicable to state and local governments. “Religion” includes any sincerely held religious-like beliefs.

Question 61

Free Exercise Clause: General rule

Answer 61

The free exercise clause may not be used to challenge a neutrally applied law of general applicability

If, however, the purpose of a law is to single out religion for adverse treatment or to hinder or discriminate against a particular religion, that law will be subject to strict scrutiny

Question 62

Free Exercise Clause: Special Rules

Answer 62

1. A person who quits a job or fails to take a job because of sincerely held religious beliefs may not be denied unemployment benefits
2. Religious oaths may not be required for government employment.
3. Amish children are exempt from mandatory secondary education.
4. Religious organizations are exempt from employment discrimination suits brought by ministers and other ministerial employees.
5. A state may not ban religious groups from receiving government benefits

Question 63

Establishment Clause

Answer 63

Congress shall make no law respecting the establishment of religion. The 14th Amendment incorporates this clause, thus making it applicable to state and local governments.

Question 64

Establishment Clause: Test (Lemon test)

Answer 64

for Establishment Clause issues; to be valid:

i. The law’s primary purpose must be secular
ii. The effect of the law must not be to advance or inhibit religion (in other words, the government must not symbolically endorse religion)
iii. There must not be excessive government entanglement with religion

Question 65

Establishment Clause: Elementary & secondary students: Activities

Answer 65

Government sponsored religious activities in public schools (elementary, middle, and high school) are unconstitutional

all school prayer (including voluntary, silent, and student-run) during school, at graduation, or at sporting events is unconstitutional

bible reading and the teaching of creationism (or the prohibition of teaching evolution) is unconstitutional, but the academic study of religion is constitutional

posting the Ten Commandments in public schools is unconstitutional

but schools may allow students to leave early to attend religious instruction off-campus

Question 66

Establishment Clause: Elementary & secondary students: Financial aids

Answer 66

As a general rule, government programs providing assistance to all elementary and secondary school students—including students at religious schools—is constitutional, but there are a few exceptions

constitutional aid: free secular textbooks; reimbursement for transportation to and from school; public health services; reimbursement for diagnostic and state-prepared tests; sign-language interpreters; remedial education, guidance counseling

unconstitutional aid: transportation for field trips, payment of teachers’ salaries, reimbursement for teacher-prepared tests

Question 67

Establishment Clause: Elementary & secondary students: Tuition

Answer 67

Direct subsidies to religious schools are impermissible, but vouchers to parents, which may be used for religious and non-religious schools, are constitutional

in addition, tax deductions and credits for tuition, school supplies, etc. are valid if they are available to the parents of all students

Question 68

Content-Based Regulations-Unprotected and Less Protected Speech: Clear and present danger

Answer 68

speech may be banned where it (a) is directed (i.e., intended) to produce or incite (b) imminent lawless action, and (c) is likely to produce or incite such action.

• however, most statutes attempting to ban such unprotected speech are unconstitutionally overbroad and/or vague.

Question 69

Content-Based Regulations-Unprotected and Less Protected Speech: Obscenity

Answer 69

obscenity is not protected by the First Amendment. Obscenity is defined as a depiction of sexual conduct that, taken as a whole, by an average adult, applying contemporary community (state or local) standards:

appeals to the prurient (i.e., shameful or morbid) interest in sex;
o portrays sex in a patently offensive way that is specifically defined by state (or federal) law; and

does not, taken as a whole, have serious literary, artistic, political, or scientific value, using a national reasonable person standard

• the government may not ban material suitable for adults solely to protect children (e.g., banning “indecent” speech on the Internet to protect minors is invalid because it amounts to a total ban for adults)
• private possession of obscenity is protected by the First Amendment, but private possession of child pornography is not
• adult pornography—as opposed to obscenity—is protected speech

Question 70

Content-Based Regulations-Unprotected and Less Protected Speech: Child Pornogrpahy

Answer 70

material depicting sexual conduct involving actual minors may be completely banned, even if not “obscene”

Question 71

Content-Based Regulations-Unprotected and Less Protected Speech: Adult Entertainment establishment

Answer 71

Adult book stores, adult theaters, and strip joints may be limited to a particular part of the city by zoning ordinances if

o the law is designed to promote a legitimate local interest (e.g., protect residential character of neighborhood, avoid crime or parking problems) and

o the law does not prohibit all such entertainment in the community (a zoning law may limit it to a very small part of the city)
o Profanity. Profane and indecent language is generally protected by the First Amendment.

o Exceptions: broadcast media (but not cable or the Internet) and public schools (K-12)