Exam 1

Question 1

Which case answered the question that a city undertake construction that destroys personal property without providing just compensation under the takings clause of the fifth amendment

Answer 1

Barron v. Baltimore (1833)

Question 2

Which case answered the question Does the first amendment require the school to excuse Jehovah’s witnesses from the compulsory flag salute

Answer 2

West Virginia v. Barnette (1943)

Question 3

Which case answered the question Whether the espionage act prohibiting certain forms of otherwise protected speech during wartime violates the First Amendment

Answer 3

Schenck v. United States (1919)

Question 4

Which case answers the question of Whether a state statute criminalizing the spread of a belief in criminal anarchy through verbal and written communications violates a liberty interest under the Fourteenth Amendment or the First Amendment’s freedoms of speech and the press.

Answer 4

Gitlow v. New York (1925)

Question 5

Which case answers the question of Whether the Smith Act, which made it a crime to teach about and advocate the overthrow or destruction of the United States Government, violates the First Amendment’s protection of free speech.

Answer 5

Dennis v. United States (1951)

Question 6

Which case answered the question of Whether an Ohio statute that criminalizes syndicalism violates the First and Fourteenth Amendments.

Answer 6

Brandenburg v. Ohio (1969)

Question 7

Which case answered the question of Whether a statute that prohibits disturbing the peace by offensive speech violates the freedom of expression protected by the First Amendment.

Answer 7

Cohen v. California (1971)

Question 8

Which case answers the question of whether Under the First Amendment, may the Federal Communications Commission regulate a radio broadcast that is indecent but not obscene?

Answer 8

Federal Communications Commission v. Pacifica (1978)

Question 9

Which case answered the question Whether a state ordinance prohibiting expressions of hateful speech violates the First Amendment?

Answer 9

RAV v. St. Paul (1992)

Question 10

Which case answers the question of Whether a state statute that enhances penalties for defendants who choose victims based on their membership in a protected class, such as race, violates the First Amendment’s Free Speech Clause?

Answer 10

Wisconsin v. Mitchell (1993)

Question 11

Which case answers the question of whether a statute is unconstitutional if it both bans cross burning done with the intent to intimidate and states that the act of burning a cross is itself prima facie evidence of the intent to intimidate?

Answer 11

Virginia v. Black (2003)

Question 12

Which case in determined Whether the Department of Health and Human Services regulations that limited the ability of federal funds recipients to engage in abortion-related activities are unconstitutional.

Answer 12

Rust v. Sullivan (1991)

Question 13

What is the first or four questions asked in Citizens United V. FEC

Answer 13

Did the Supreme Court’s decision in McConnell resolve all constitutional as-applied challenges to the BCRA when it upheld the disclosure requirements of the statute as constitutional?

Question 14

What was the Courts majority opinion in Citizens United v. FEC

Answer 14

2010
Under the first amendment corporate funding of independent political broadcasts in candidate elections cannot be limited. Political speech is indispensable to a democracy, which is no less true because the speech comes from a corporation. BCRA disclosure requirements as applied to the movie were constitutional.

Question 15

What was the Courts majority opinion in Rust V. Sullivan

Answer 15

Government subsidizing one protected right does not follow that government must subsidize analogous counterpart rights.

Question 16

What was the Courts majority opinion in Virginia v. Black

Answer 16

While a state, consistent with the first amendment, may ban cross burning carried out with the intent to intimidate, the provision in the virginia statue treating any cross burning as prima facie evidence of intent to intimdate renders the statute unconstitutional in its current form.

Question 17

What was the Courts majority opinion in Wisconsin v. Mitchell

Answer 17

Waisonsin was in it rights to offer sentence enhancement in bias-motivated crime because it had a compelling interest in preventing the secondary effects of such crime.

Question 18

What was the Courts majority opinion in RAV v. St. Paul

Answer 18

Even if all of the expression reached by the ordinance was proscribable as fighting words, the ordinance was facially unconstitutional in that it prohibited otherwise permitted speech solely on the basis of the subject the speech addressed

Question 19

What was the Courts majority opinion in Federal Communications Commission v. Pacifica

Answer 19

FCC had the authority to prohibit such broadcasts during hours when children were likely to be among the audience. Audience, medium, time of day, and method of transmission are relevant factors in determining whether to invoke sanctions

Question 20

What was the Courts majority opinion in Cohen v. California

Answer 20

Majority reasoned that the expletive while provocative was not directed toward anyone ,besides, there was no evidence that people in substantial numbers would be provoked into some kind of physical action by the words on his jacket

Question 21

What was the Courts majority opinion in Brandenburg v. Ohio

Answer 21

The gov’t cannot punish inflammatory speech unless the speech is directed to inciting, and is likely to incite, imminent lawless action. Thus the ohio law violated brandenburgs right to free speech.

Question 22

What was the Courts majority opinion in Dennis v. United States

Answer 22

There us a distinction between the mere teaching of communist philosophies and active advocacy of those ideas. Such advocacy created a clear and present danger that threatened the gov’t

Question 23

What was the Courts majority opinion in Gitlow v. New York

Answer 23

1925
A state may forbid both speech and publication if they have a tendency to result in actions dangerous to public security, even though such utterances create no clear and present danger.

Question 24

What was the Courts majority opinion in Schenck v. United States

Answer 24

The circumstances of wartime permit greater restrictions on free speech than would be allowed during peacetime.

Question 25

What was the Courts majority opinion in West Virginia v. Barnette

Answer 25

Compulsory unification of opinion was doomed to failure and was antithetical to first amendment values.

Question 26

What was the Courts majority opinion in Barron v. Baltimore

Answer 26

The limitations on government articulated in the fifth amendment were specifically intended to limit the powers of the national government.

Question 27

What is the second of four questions asked in Citizens United V. FEC

Answer 27

Do the BCRA’s disclosure requirements impose an unconstitutional burden when applied to electioneering requirements because they are protected political speech and not subject to regulation as campaign speech

Question 28

What is the Third of four questions asked in Citizens United V. FEC

Answer 28

If a communication lacks a clear plea to vote for or against a particular candidate, is it subject to regulation under the BCRA?

Question 29

What is the fourth of four questions asked in Citizens United V. FEC

Answer 29

Should a feature length documentary about a candidate for political office be treated like the advertisements at issue in McConnell and therefore be subject to regulation under the BCRA?