TEST ONE

Question 1

The rule of Law

Answer 1

A society that agrees on a set of laws or A legal principle that a law should govern a nation

Question 1

The First Amendment and its clauses

Answer 1

The first amendment should make no law abridging the freedom of speech or of the press

Question 2

Sources of Law

Answer 2

Constitutional law ( does the law violate the first amendment)
——> First Amendment ( Congress shall make no law… abridging the freedom of speech of press)
Statutory Law ( legislature pass them)
Administrative Law ( regulations )
Executive orders ( president)
——–> State; whoever has authority
Common Law
—–> Judge-made law
Utilizes precedent ( established)

Question 3

What is Precedent

Answer 3

Using a case from before for a similar case now.

Question 4

Judicial Review

Answer 4

power or authority that every court in the country has to determine if the issue is constitutional or not

Question 5

U.S. court systems

Answer 5

Federal - US district ,UScourt of appeals ,US Supreme Court
STATE- DC, State Supreme Court , US Supreme Court

Question 6

models/theories of freedom of expression

Answer 6

Marketplace of ideas
Self- governance
Alexander Meiklejohn( was a very strong advocate)
– “political speech”
Deserves the STRONGEST first amendment value
Protecting Dissent
Checking value
Tolerance- protection of dissent that listeners and speakers
Access- pre- internet era there was concern among some people

Question 7

The Benefits from the Freedom of Expression

Answer 7

Allows discussion and debate for various ideas
—> thus, is a mean of truth discovery
—-> contributes to informed citizenry
Makes democracy process possible
Provides the means for human autonomy and dignity
Creates a “ safety valve”
Creates a degree of equality by providing every citizen a voice

Question 8

Difference between Trial and Appellate courts

Answer 8

TRIAL COURTS ( DISTRICT)
Fact- finding
JURY OPTION ( JUDGE is the ADMINISTRATOR)
Empowered to consider facts and law
APPELLATE COURTS ( APPEAL)
Law-reviewing
NO JURIES
Usually considers only law

Question 9

How does the SUPREME COURT work

Answer 9

U.S Supreme Court
9 justices
Chief Justice of the United States ; John Roberts
Seniority
Clarence Thomas
Samuel ALito
Sonia Sotomayer
Elena Kagen
Neil Gorsuch
Brett Kavanaugh
Amy Coney Barrett
Ket anji Brown Jackson
Justices are nominated by the PRESIDENT
Approved or rejected by the senate
Once confirmed they stay in position until death (retiring).
WRIT OF CERTIORARI
4 justices must vote in order to get to SC
Oral Argument Process
30 min each side ( argue)

Question 10

PRIOR RESTRAINTS AND ITS EXPECTATIONS

Answer 10

Wartime locations of truths ( national security )
Obscenity- obscene content
Advocating the overthrow of the government
Fighting words/incitement of violence

Near v Minnesota is important to 1st amend. Adaptation. ( came from printing unwanted news in the paper)

New York Times v U.S. ( 1971)
“ Pentagon Papers” case
In favor to NEAR using National Security

US vs O’brien (1968)
Participated in draft card burning
Universal Military training and Services act of 1948
Amended by congress in 1965
At the time O burned it certificate and that was illegal

Question 11

Time, Place and Manner Restriction

Answer 11

Content neutral
the government is limiting expression for example size of sign on government property.

Question 12

Forum Analysis

Answer 12

Traditional Public Forum ( public streets, parks)
Designated Public Forum ( facility that are government own)
Public property that’s not a public Forum ( prison, military bases)
Private Forum ( privately owned placed, shopping malls)

TPF DPF PrivF

Question 13

Content based

Answer 13

if the laws target speech based on communicative content are presumptially unconstetutional & can be justified only if the givernment proves that they narrowly tailor to serve compelling state interest.

example: A law banning all political speeches in a public park

Question 14

Content-nuetral Regulation

Answer 14

Cannot constitute a complete ban on communication
Substantial state interest
Narrowly tailored

expression without regard to its substance

Question 15

Strict Scrutiny

Answer 15

a form of judicial review that courts use to determine the constitutionality of certain laws
Usually when the plaintiff sues government

Question 16

Compare Cases similar but different outcomes

Answer 16

Miami Herald vs Tornillo ( 1974) Miami wrote a paper on tornillo opposing his candidacy.
—–> Florida “right of reply” law - had to write his own peace and they had to publish it.

Red Lion Broadcasting vs FCC (1969)
US Supreme Court: Difference is being there was different media involved.
Newspapers have greater protection of the first amendment law.

Question 17

Symbolic Speech

Answer 17

this is the kind of speech that deserves protection( nonverbal forms of communications, armbands, flag burning)

Question 18

Political Speech

Answer 18

Deserves the STRONGEST first amendment value

Question 19

Frist Amendment Awakening

Answer 19

Seditious Libel
Espionage Act (1917)
Prohibited causing or attempting to cause insubordination,disloyalty
Sedition Act (1918)
Prohibited obstructing armed forces recruiting by writing or publishing disloyal language intended to cause scorn for the federal government
Schenck VS US (1919)
Mailed anti war pamphlets
“ the question in every case is whether the words are used in circumstances and are of nature to create clear and present danger that they will bring about the substantive evils that congress has a right to prevent
Bad tendency

Question 20

Heckler’s VETO

Answer 20

A First amendment concept that generally favors the right or an orderly speaker over the right of an offended or antagonized audience member.

Question 21

Cross Burning Cases

Answer 21

R.A.V. vs. City of St Paul (Minnesota)
Teens burned a cross on a black familys home
Virginia v Black
Kkk group went out past the highway tp do a cross burning

Question 22

Free Speech/press in public school

Answer 22

W. VA board of educ. V Barnette
Students were required to salute the flag as they entered the school, Barnette family did not want to and they challenged it.
Tinker et al v Des Moines Ind School District
Armband for the vietnam war.

Question 23

Reed v Town of Gilbert

Answer 23

A government, including a municipal government vested with state authority, has no power to restrict expression because of its message, its idea, subject matter or its content.
Content-based laws – those that target speech based on its communicative content, are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tailored to serve a compelling state.
GILBERT had group signs into three categories….
… then had differ regulations
Even though Gilbert claimed it didn’t favor one category over the other, the SC rules Gilbert had engaged in content based regulation.
That results in the law needing to be examined with “ strict scrutiny”