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Law and Human Rights > Exam 2 > Flashcards

Exam 2 Flashcards

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1
Q

Which case (majority opinion) adopted the “bad tendency” test as a means for resolving disputes involving freedom of speech?

A

Gitlow v. New York

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2
Q

Which Supreme Court Justice has made it known he would like to review restrictions on commercial speech under strict scrutiny analysis?

A

Clarence Thomas

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3
Q

If a professor at a public school imposes a policy barring students from wearing all types of hats in the classroom, this would most appropriately be labeled as a:

A

Neutral law that may impact students’ expression

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4
Q

Which case (majority opinion) adopted the “clear and present danger” test as a means for resolving the freedom of speech?

A

Bradenburg v Ohio

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5
Q

Which of the following cases actually sided with the rights of individual expression under the First Amendment?

A

II. Texas v. Johnson
III. Brandenburg v. Ohio

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6
Q

If a broadcast journalist reports false information about a nonpublic figure, thereby resulting in damages to a victim, what would this illustrate?

A

Slander

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7
Q

What problem did James Madison address in Federalist 10 that relates to the potential for individual interests to override the common good?

A

Factions

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8
Q

Within free speech jurisprudence, what term is used to describe the idea that multiple ideas or forms of expression should compete against one another so that others may consider them?

A

Marketplace of ideas

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9
Q

A law that regulates more speech than is necessary to accomplish a government objective will most likely violate which doctrine?

A

Overbreadth

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9
Q

What case best illustrates symbolic speech?

A

Texas v. Johnson

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10
Q

Which of the following is NOT considered a public forum within free speech jurisprudence?

A

Prisons

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11
Q

Which of the following is NOT a standard used to judge obscenity in Miller v. California (1973)?

A

The work taken as a whole involves deviant sexual activity

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12
Q

Which of the following is NOT considered per se unprotected speech under the First Amendment?

A

Offensive speech

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13
Q

A false publication in a newspaper that causes damages to a nonpublic figure is called:

A

Libel

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14
Q

What element must be proven in order for a public figure to successfully bring a defamation case?

A

Malice

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15
Q

What constitutional standard of scrutiny is applied to regulations of commercial speech?

A

Intermediate scrutiny

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16
Q

Which liberty is NOT specifically stated in the text of the First Amendment?

A

Freedom of association

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17
Q

What name is given to certain forms of state legislation designed to protect news reporters from revealing the identity of their confidential news sources?

A

Reporter shield laws

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18
Q

Under the strict scrutiny test, the government must prove that its policy is ______ to promote a _______________ governmental interest.

A

necessary/compelling

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19
Q

A law regulating speech that fails to sufficiently define its terms would most likely be unconstitutional based on the ____________ doctrine.

A

vagueness

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20
Q

Which of the following is NOT a standard under the Lemon test?

A

Law must give equal access to all religions.

21
Q

Between 1963 and 1990, which standard of review was used by the Court to evaluate free exercise claims?

A

Strict scrutiny

22
Q

What document written by James Madison is frequently used when interpreting and discussing the religion clauses?

A

Memorial and Remonstrance against Religious Assessments

23
Q

Which case limited congressional efforts to restore strict scrutiny analysis in free exercise cases?

A

City of Boerne v. Flores

24
Q

The Court’s decision in Lee v. Weisman best illustrates which approach (test) under the Establishment Clause?

A

Coercion test

25
Q

What law did Congress pass in an effort to reverse the consequences of the Court’s opinion in Employment Division v. Smith?

A

The Religious Freedom Restoration Act

26
Q

Which of the following tests reflects the most accommodationist approach toward the Establishment Clause?

A

Coercion test

27
Q

Which of the following tests reflects the most separationist approach toward the Establishment Clause?

A

Lemon test

28
Q

Which of the following tests is the most accommodationist approach toward the Free Exercise Clause?

A

Strict scrutiny test

29
Q

In which case did the Court uphold a law prohibiting polygamy as it applied to a Mormon who allegedly had married a second wife?

A

Reynolds v. United State

30
Q

Which case involved an Establishment Clause challenge to the “under God” provision within the Pledge of Allegiance?

A

Newdow v. United States

31
Q

In which case did the Court uphold the public display of the Ten Commandments?

A

Van Orden v. Perry

32
Q

In which case did the Court uphold portions of the Religious Land Use and Institutionalized Persons Act of 2000?

A

Cutter v. Wilkinson

33
Q

In free exercise cases, what term is used to describe a person who is seeking an exemption from fighting in a war based on religious convictions?

A

Conscientious objector

34
Q

Which case addresses so-called partial-birth abortions?

A

Gonzalez v. Carhart

35
Q

Based on class discussions of Planned Parenthood of Pennsylvania v. Casey, which of the following governmental conditions imposes an undue burden on a woman’s right to choose an abortion?

A

Spousal consent

36
Q

A penumbra is a:

A

Lunar shadow

37
Q

What form of constitutional scrutiny typically is applied to governmental restrictions on fundamental rights?

A

Strict scrutiny

38
Q

Which case recognized a constitutional right to privacy?

A

Griswold v. Connecticut

39
Q

Which case does not involve abortion regulations?

A

Gonzales v. Oregon

40
Q

What term is used to describe a legal document that provides a person’s wishes in case of a medical emergency?

A

Living will

41
Q

What case was reversed by the Court’s decision in Lawrence v. Texas?

A

Bowers v. Hardwick

42
Q

The Court’s theory of “liberty of contract” was developed during what era of the Court?

A

Laissez faire era

43
Q

What case marks the “switch in time that saved nine”?

A

West Coast Hotel v. Parrish

44
Q

What event is regarded as the moment the Court began to move away from its notion of liberty of contract?

A

The switch in time that saved nine

45
Q

Which of the following cases does not involve a dispute over the “takings clause”?

A

Fletcher v. Peck

46
Q

Each of the following cases involves a dispute surrounding the contract clause except:

A

Kelo v. City of New London

47
Q

What term is used to describe the ability of government to take private property for public use under the Fifth Amendment?

A

Eminent domain

48
Q

Which case involves the so-called “liberty of contract”?

A

Lochner v. New York

49
Q

Is the federal government obligated to avoid denying persons the equal protection of the law? Why or why not?

A

Yes, because the Fifth Amendment Due Process Clause contains this obligation

Law and Human Rights (9 decks)

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