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Question 1
Which of the following forms of protection always apply to expression?
Correct
Incorrect!
Correct
Incorrect!
Correct If a law regulating speech is overbroad or unconstitutionally vague the law will be struck down, even in the case of symbolic speech.
Incorrect! If a law regulating speech is overbroad or unconstitutionally vague the law will be struck down, even in the case of symbolic speech.
Correct
Incorrect!
Question 2
Content-based regulations are:
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Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Content-based regulations are subjected to strict scrutiny, not intermediate scrutiny as suggested in (c). The only exception is that content-based regulations concerning unprotected speech are valid so long as neither overbroad nor unconstitutionally vague.
Incorrect! Content-based regulations are subjected to strict scrutiny, not intermediate scrutiny as suggested in (c). The only exception is that content-based regulations concerning unprotected speech are valid so long as neither overbroad nor unconstitutionally vague.
Question 3
Content-based regulations can be:
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Incorrect!
Correct
Incorrect!
Correct While viewpoint-based laws are more obviously content-based, a viewpoint-neutral law which regulates expression concerning a specific topic is also considered content-based and will be subjected to strict scrutiny.
Incorrect! While viewpoint-based laws are more obviously content-based, a viewpoint-neutral law which regulates expression concerning a specific topic is also considered content-based and will be subjected to strict scrutiny.
Correct
Incorrect!
Question 4
If a content-neutral law is to pass First Amendment analysis it must:
Correct
Incorrect!
Correct Content-neutral laws are subjected to intermediate scrutiny, not strict scrutiny as (d) suggests. Further, the law must 'leave open ample alternative channels for communication of the information.' Virginia Pharmacy Board v. Virginia Citizens Consumer Council, Inc, 425 U.S. 748, 771 (1976).
Incorrect! Content-neutral laws are subjected to intermediate scrutiny, not strict scrutiny as (d) suggests. Further, the law must 'leave open ample alternative channels for communication of the information.' Virginia Pharmacy Board v. Virginia Citizens Consumer Council, Inc, 425 U.S. 748, 771 (1976).
Correct
Incorrect!
Correct
Incorrect!
Question 5
Congress wants to take action against big-tobacco but many politicians fear losing large amounts of financial campaign support. They therefore decide simply to ban tobacco advertising, because "advertising of these products may be seen to be in poor taste." Is the tobacco advertising ban legitimate?
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Incorrect!
Correct
Incorrect!
Correct Although (a) sounds convincing, it does not hold true. While Congress could choose to ban cigarettes, and then also ban advertising (of a now-illegal product), they cannot simply ban the advertising. Lawful products which are harmful, such as cigarettes, cannot have their advertising limited in any way which would not also apply to other, non-harmful products.
Incorrect! Although (a) sounds convincing, it does not hold true. While Congress could choose to ban cigarettes, and then also ban advertising (of a now-illegal product), they cannot simply ban the advertising. Lawful products which are harmful, such as cigarettes, cannot have their advertising limited in any way which would not also apply to other, non-harmful products.
Correct
Incorrect!
Question 6
Which of the following forms of commercial speech is permitted for a lawyer:
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Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct None of these forms of commercial speech is permissible. The ad in (a) creates unjustified expectation, while in (b) business cards count as commercial speech and states usually require some form of certification to hold oneself out as an expert. The behavior in (c), in addition to being a serious social faux-pas, is a solicitation which most states would not permit.
Incorrect! None of these forms of commercial speech is permissible. The ad in (a) creates unjustified expectation, while in (b) business cards count as commercial speech and states usually require some form of certification to hold oneself out as an expert. The behavior in (c), in addition to being a serious social faux-pas, is a solicitation which most states would not permit.
Question 7
The Town of Ridgebury public library is not often used by the towns' residents. The Board of Selectmen decide to open one of the reading rooms for public use on a first-come-first-serve basis. After a few months the room is being so frequently used that the system is changed requiring those who would like to use the room place their names in a lottery one week prior to the desired use. The librarian on duty draws the winning ticket and notifies them by phone. The other day she pulled a winning ticket for use of the room by the Northern Unit of Toledo Soldiers (NUTS) a very militant and hard-core group. She surreptitiously disposes of the ticket and pulls another, and then calls the Mothers Interested in Learning Disco (MILD) to let them know they had won that week's lottery. Does NUTS. have a First Amendment case?
Correct
Incorrect!
Correct
Incorrect!
Correct By opening the reading room up for public use the town created a limited public forum. While the town could choose to close the forum entirely, it cannot exclude users based on their beliefs or opinions. Despite the suggestion in (b), the librarian's actions here satisfy the state action requirement, as she is in charge of executing the lottery system under instructions from the Board of Selectmen. Only if a private citizen had snuck in at night and removed the tickets for all the users he found undesirable would we encounter a situation where the state action requirement would not be met.
Incorrect! By opening the reading room up for public use the town created a limited public forum. While the town could choose to close the forum entirely, it cannot exclude users based on their beliefs or opinions. Despite the suggestion in (b), the librarian's actions here satisfy the state action requirement, as she is in charge of executing the lottery system under instructions from the Board of Selectmen. Only if a private citizen had snuck in at night and removed the tickets for all the users he found undesirable would we encounter a situation where the state action requirement would not be met.
Correct
Incorrect!
Question 8
A statute restricting speech based on time, place or manner:
Correct
Incorrect!
Correct A time, place, or manner restriction on speech might be valid on its face but applied in such a way as to make it unconstitutional. For example, if the restriction requires acquiring a permit, which is almost always granted except when requested by an unpopular group, the application of the restriction might well violate that group's First Amendment rights.
Incorrect! A time, place, or manner restriction on speech might be valid on its face but applied in such a way as to make it unconstitutional. For example, if the restriction requires acquiring a permit, which is almost always granted except when requested by an unpopular group, the application of the restriction might well violate that group's First Amendment rights.