The First Amendment

Question 1

Content-based v. content-neutral restrictions

1. ) Content-based restrictions on speech generally must meet what kind of review?
2. ) What are the two types of content based laws:
3. ) Content-neutral laws burdening speech generally need only meet what level of review?

Answer 1

1. ) Strict Scrutiny
2. ) a. subject matter restrictions (application of the law depends

on the topic of the message) and b.) viewpoint restrictions (application of the law depends on the ideology of the message)

3.) intermediate scrutiny

Question 2

1.) What is a “Prior restraints” restriction?

2. ) Court orders suppressing speech must meet what level of review?
3. ) Procedurally proper court orders must be complied with until they

are vacated or overturned. What happens to a person who violates a court order?

Answer 2

1. ) When the court stops an individuals speech before it occurs.
2. ) strict scrutiny.
3. ) They are barred from later challenging it.

Question 3

1.) The government can require a license for speech only if ___.

Licensing schemes must contain procedural safeguards such as prompt determination of requests for licenses and judicial review

Answer 3

1.) if there is an important reason for licensing and clear criteria leaving almost no discretion to the licensing authority

Question 4

1. )When dealing with Speech, when is a law unconstitutionally vague?
2. ) When dealing with Speech, when is a law unconstitutionally overbroad
3. ) True or False: fighting words laws are unconstitutionally vague and overbroad

Answer 4

1.) Vagueness. A law is unconstitutionally vague if a reasonable person

cannot tell what speech is prohibited and what is allowed

2.) Overbreadth. A law is unconstitutionally overbroad if it regulates

substantially more speech than the constitution allows to be

regulated. (Example: Ordinace prohibiting live performances)
c. Fighting words laws are unconstitutionally vague and overbroad

Question 5

Symbolic speech

The government can regulate conduct that communicates in when?

Answer 5

When the government has an important interest unrelated to suppression of the message and if the suppression on the communication is no greater than necessary to achieve the government’s purpose

Question 6

True or False: Anonymous speech is not protected

True or False: Speech by the government cannot be challenged as violating the FIrst Amendmnt?

Answer 6

False. It is protected

True

Question 7

Speech unprotected or less protected by the First Amendment

1.) Incitement of illegal activity. The government may punish speech when?

Answer 7

1.) if there is a substantial likelihood of imminent illegal activity and if the speech is directed to causing imminent illegality.

Question 8

Speech unprotected or less protected by the First Amendment

Obscenity and sexually-oriented speech

a. The test (must be met in order for speech to be obscene)

True or False: The government may use zoning ordinances to regulate the location of adult bookstores and movie theaters

True or False: Child pornography may be completely banned, even if not obscene (To be child pornography, children must be used in production of the material).

True or False: The government may punish private possession of obscene materials; but the government may not punish private possession of child pornography

True or False: The government may not seize the assets of businesses convicted of violating obscenity laws

True or False: Profane and indecent speech is generally protected by the First Amendment

i) Exception: over the broadcast media
ii) Exception: in schools
3. Commercial speech
a. Advertising for illegal activity, and false and deceptive ads are not

protected by

Answer 8

Test

i. The material must appeal to the prurient interest(relates to the lustful mind)
ii. The material must be patently offensive under the law prohibiting obscenity (state law must list the material that is offensive)
iii. Taken as a whole, the material must lack serious redeeming

artistic, literary, political or scientific value

Question 9

True or False

1. ) True or False: The government may use zoning ordinances to regulate the location of adult bookstores and movie theaters
2. ) True or False: Child pornography may be completely banned, even if not obscene.
3. ) True or False: The government may punish private possession of obscene materials; but the government may not punish private possession of child pornography
4. ) True or False: The government may not seize the assets of businesses convicted of violating obscenity laws
5. ) True or False: Profane and indecent speech is generally protected by the First Amendment. Exceptions:

Answer 9

True or False

1. ) True
2. ) True (To be child pornography, children must be used in production of the material).
3. ) False. The gov cannot punish private possesion of obscene material but the gov may punish for private poss of child porn
4. ) False the gov may seize the assets of businneses convicted of violating obscenty laws
5. ) True i) Exception: over the broadcast media ii) Exception: in schools

Question 10

Speech unprotected or less protected by the First Amendment

_Commercial speech _

1. ) True or False: Advertising for illegal activity, and false and deceptive ads is protected by the FIrst Amendment
2. ) True or False: The government may not prevent professionals from advertising or practicing under a trade name
3. ) True or False: The government may prohibit attorney, in-person solicitation of clients for profit
4. ) True or False:The government may prohibit accountants from in person solicitation of clients for profit

c

Answer 10

True or False:

1.) False

True commercial speech that inherently risks deception can be

prohibited

2. ) False
3. ) True
4. ) False. Accountants differ from attorneys because they aren’t trained to advocate /deceive

Question 11

1.) Other commercial speech can be regulated under what review? intermediate scrutiny

Government regulation of commercial speech must be narrowly

tailored, but ____

Answer 11

1. ) intermediate scrutiny
2. ) it does not need to be the least restrictive alternative.

Question 12

Speech unprotected or less protected

Defamation

1. ) If the plaintiff is a public official or running for public office, the plaintiff can recover for defamation by proving what?
2. ) If the plaintiff is a “public figure’” the plaintiff can recover for defamation by proving what?
3. ) If the plaintiff is a “private figure” and the matter is of “public concern,” that state may allow the plaintiff to recover for defamation by proving what?
4. ) If the plaintiff is a “private figure” and the matter is not of “public concern,” the plaintiff can recover presumed or punitive damages without what?

Note: Liability for intentional infliction of emotional distress for

defamatory speech must meet the defamation standards and cannot

exist for speech otherwise protected by the first amendment. Can’t be punished for offending someone.

Answer 12

1. ) falsity of the statement and actual malice (that knew the statement was false and acted with reckless disregard
2. ) falsity of the statement and actual malice
3. ) falsity and negligence by the defendant.However, the plaintiff may recover presumed or punitive damages only by showing actual malice
4. ) actual malice

Question 13

Speech unprotected or less protected

Privacy

1. ) True or False: The government may create liability for the truthful reporting of information that was lawfully obtained from the government
2. ) Liability is not allowed if the media broadcasts a tape of an illegally intercepted call so long as what?
3. ) True or False: The government may limit its dissemination of information to protect privacy.
4. ) Speech by government employees on the job in the performance of their duties is protected by the First Amendment.

Answer 13

1. ) False. Government cant do that
2. ) A.) if the media did not participate in the illegality and B.) It involves a matter of public importance
3. ) True. (Example: Trial Proceedings
4. ) False. It is not protected

NOTE: Other government restrictions based on the content of speech must meet strict scrutiny. (Example: restrictions on violent speech must meet strict scrutiny).

Question 14

What places are available for speech?

Answer 14

1. ) Public forums—government properties that the government is constitutionally required to make available for speech.
2. ) Designated public forums—government properties that the governmentcould close to speech, but chooses to open to speech. The same rules apply as for public forums.

3.) Limited public forums - government properties that are limited to certain groups or dedicated to the discussion of only some subjects. The government can regulate speech in limited public forums so long as the regulation is reasonable and viewpoint neutral.

Question 15

Places available for speech

Public Forum

1. ) Regulations must be what or else strict scrutiny must be met.
2. ) Regulations must be a time, place, or manner regulation that serves an _______ and leaves open adequate alternative places for communication.
   3) True or False: Government regulation of public forums need not use the least restrictive alternative?
3. ) True or False: City officials cannot have discretion to set permit fees for public demonstrations?

Answer 15

1. ) subject matter and viewpoint neutral.
2. ) important government purpose
3. ) True
4. ) True

Question 16

Freedom of Association

1. ) Laws that prohibit or punish group membership must what level of review?
2. ) To punish membership in a group it must be proven that the person:

Answer 16

1. ) meet strict scrutiny
   * 1.) actively affiliated with the group; 2.) knowing of its illegal activities; and 3.) with the specific intent of furthering those illegal activities.

Question 17

Freedom of Association

1. ) Laws that require disclosure of group membership, where such disclosure would chill association, must meet what level of review?
2. ) Laws that prohibit a group from discriminating are constitutional unless what?

Question on Bar

Answer 17

1. ) Strict Scrutiny
2. ) Unless they interfere with _intimate association (small dinner party)_or expressive activity. (Example: kkk)

Question 18

Freedom of Religion

The free exercise clause

1. ) True or False: The free exercise clause can be used to challenge a neutral law of general applicability.
2. ) True or False: The government may not deny benefits to individuals who quit their jobs for religious reasons.
3. ) The government may not hold a religious institution liable for the choices it makes as to who will be its ministers.

Answer 18

1. ) False. Cannot be used to challenge a neutral law of general applicability. (pyote example)
2. ) True
3. ) True

Question 19

Freedom of Religion

The Establishment Clause

1. ) What is the establishment clause?
2. ) The test?

Answer 19

1) Prohibits the governent from endorsing religions
* 1.) there must be a secular purpose for the law, 2.) the effect must be neither to advance nor inhibit religion 3.) there must not be excessive entanglement with religion

Question 20

Freedom of Religion

The Establishment Clause

1. ) The government cannot discriminate against religious speech or among religions unless what review is met?
2. ) True or False: Government sponsored religious activity in public schools is not unconstitutional.
3. ) True or False:The government may give assistance to private schools, so long as it is not used for religious instruction. The government may provide parents vouchers which they use in parochial schools.

Answer 20

1. ) strict scrutiny is met.
2. ) False (But religious student and community groups must have the same access to school facilities as non-religious groups)
3. ) True