General Info

Question 1

First Amendment designed for:

Answer 1

• Marketplace of ideas (ideas need to be exchanged and tested)
• Self fulfillment
• Democratic process
• Safety valve

Question 2

1st Amendment applies to:

Answer 2

• First amendment applies to activities by the govt
• Applies to states with incorporation of the BOR into the 14th Amendment (DPC)

Question 3

Two types of challenges to a law

Answer 3

1. Facial challenge
2. As applied challenge

Question 4

Facial challenge is:

Answer 4

Suit alleging that a law on its face is unconstitutional and should be struck down in its entirety

Question 5

As applied challege alleges:

Answer 5

Challenge alleging that the law is invalid as applied to the facts of a particular case

Question 6

Categories of speech

Answer 6

1. Protected
2. Less protected
3. Unprotected

Question 7

Speech excluded from the first amendment

Answer 7

• Words that present a clear and present danger of imminent lawless actions
• Fighting words that inflate or incite violence
• Defamation
• False and deceptive
• Where the government can demonstrate a compelling interest such speech may not be protected
• Lewd and obscene

Question 8

Levels of scrutiny

Answer 8

1. Strict Scrutiny
2. intermediate
3. rational basis

Question 9

Strict Scrutiny Test

Answer 9

A law must narrowly tailored to serve a compelling government interest to be constitutional.