Final Review

Question 1

Under the ____ amendment, no state shall deny any person within its jurisdiction the equal protection of its laws

Answer 1

14th

Question 2

Under the ___ amendment, the government shall not deprive any person of life, liberty, or property without the due process of law

Answer 2

5th

Question 3

Under substantive due process, the analysis is asking whether the gov. has ___ reason for taking away a person’s __ __ or ___

Answer 3

adequate

life, liberty, property

(basically, do they have a right to take away the fundamental right, and apply strict scrutiny to determine that)

Question 4

Under the Matthews test for Procedural Due Process, you must consider:

1. __ interest affected
2. risk of ____ deprivation with current safeguard in place
3. expense and burden on ____ in providing an additional safeguard

Answer 4

1. private
2. erroneous
3. governemnt

Question 5

Under procedural due process, the analysis is asking whether the gov’t followed the ___ ____before depriving a person of their life, liberty, property.

Answer 5

appropriate procedures

Question 6

A restriction in a limited forum must be ___ and ____

Answer 6

reasonable

viewpoint neutral

Question 7

A restriction in a non-public forum must be ___ and ____

Answer 7

reasonable

viewpoint neutral

Question 8

A restriction in a public forum must meet ___ if its content based and ___ if its content neutral

Answer 8

strict scrutiny

intermediate

Question 9

T/F
In a nonpublic forum, the government can prohibit all speech, provided that the regulation is reasonable and viewpoint neutral.

Answer 9

True

Question 10

Under the 1st Amendment, the government shall make no law abridging the ____ ___ ___

Answer 10

freedom of speech

Question 11

Under the 1st Am., the gov shall make no law respecting the ___ of religion or prohibiting the ___ ____ thereof

Answer 11

establishment

free exercise

Question 12

If the gov is prohibiting the free exercise of one’s religion, aaplly the ___ test

Answer 12

Smith

Question 13

In applying the Smith test, a law that is ___ and of __ ___ must be rationally related to a legitimate gov interest

Answer 13

neutral

general applicability

Question 14

If the gov is respecting the establishment of religion, apply the ___ tsest

Answer 14

Lemon

Question 15

In applying the Lemon test, 
you must determine:
1) if the law has a \_\_\_ legislative purpose
2) if the law \_\_\_ or \_\_\_\_ religion
3) if the statute fosters an  \_\_\_ \_\_\_\_

Answer 15

securlar

inhibits or advances

excessive entanglement

Question 16

In determing if there is an excessive entanglement, you must determine:

1) the ___ and ___ of the institution
2) the nature of the ___ provided
3) the resulting relationship between the ___ and the ____

Answer 16

character and purpose

aid

entity and governemtn

Question 17

A law is ___ ___ if it regulates all speech, regardless of the message

Answer 17

Content neutral

Question 18

If a law is content neutral, apply __ ____

Answer 18

intermediate scrutinty

Question 19

A law is ___ __ if it regulates speech based on the content of the message

Answer 19

Content Based

Question 20

If a law is content based, apply ___ ___

Answer 20

Strict Scrutiny

Question 21

The Bradenburg test for incitement is whether the speech was:

1) directed at inciting or ___ imminent lawless action
2) whether such action is ___ ____ ___

Answer 21

producing

likely to result

Question 22

Fighting words are words directed at ___ that is likely to cause violence or an immediate breach of the peace

Answer 22

another

Question 23

The test for fighting words is whether a man of ____ would believe to cause an ___ adressee to fight

Answer 23

common intelligence

average

Question 24

Racist and hate speech are statements communicated to express an intent to commit an act of ___ toward a specific ___ or ___

Answer 24

violence
person
group

Question 25

___ ___ is speech that promotes at least one type of commerce

Answer 25

Commerical Speech

Question 26

Under the Central Hudson Test for Commercial Speech: 1) the speech must concern __ ___ 2) the regulation must meet a____ gov't interest 3) the regulation must __ __ the interest 4) the regulation must be __ ___

Answer 26

lawful activity substantial directly advance narrowly tailored

Question 27

Obscenity is a ___,___,___ communication

Answer 27

lewd, filthy, or disgusting

Question 28

If ___ contains both speech and non speech elements, it must meet the O'Brien Test and will be justified if: 1) it is __ the gov't authority to regulate 2) it furthers an ___ gov. interest 3) the govt interest does not relate to the __ of speech 4) the restriction is ___ ___

Answer 28

within substantial/important suppression narrowly tailored

Question 29

The test for obscenity is whether 1) the speech has a ___, ___, ___, or ____ purpose 2) an __ person using a national standard would find it to appeal to a ___ interest 3) the work depects of describes sexual conduct in a __ ___ way

Answer 29

literary, artistic, political, scientific average, pruient patently offensive

Question 30

Under procedural due process, the person must be 1) given _____ 2) the opportunity to be ____ 3) decision by a ___ ____

Answer 30

notice heard neutral decisionmaker

Question 31

In the Board of regents v. Roth, the court defined ____ as extending beyond actual ownership of ___, ____, or _____. To have a property interest in a benefit, a person clearly must have more than an___ ___ or _____for it. He must, instead, have a legitimate ____ ____ ___ to it.

Answer 31

property real estate, chattels, money abstract need or desire claim of entitlement