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Case Study: Bethel Ministries, Inc. v. Salmon


Question 1

Which of the following is generally true about First Amendment protection of speech and expression?

Question 2

State Y, through an organization with an explicit policy of preventing sex-trafficking, offers a funding program to provide scholarships to eligible students who have been prior victims of sex trafficking. The State tells Smarty School that they are only eligible for funding if they include a statement condemning sex-trafficking in their admissions statement. Which is correct?

Question 3

Which of the following are equitable remedies?

Question 4

State A offers a funding aid program to provide scholarships to private schools for students who qualify, with its purpose of assisting those otherwise qualified students with financial need to have options to attend non-public schools. The State tells School that unless they include a statement prohibiting discrimination on the basis of sexual orientation and gender identity in their handbook, their students will not be eligible for funding. Which is correct?

Question 5

State D offers financial grants to TV and radio stations; however, to qualify they must agree to prohibit editorials and opinion pieces. News Co, a TV station, sues after they are denied the grant because they refuse to do so. Is this an allowable condition?

Question 6

A government grant is available to fund HIV/Aids protection, only if the receiving organization makes a statement explicitly opposing prostitution. Why is this not an allowable condition?

Question 7

The government is offering scholarship funds to students at private schools. To qualify for the program, the school must include a statement in its admissions paperwork promoting a government policy on anti-discrimination based on country of origin. Education Secondary School allows admission for any qualified student, but specifically has as its mission to promote education for students who have recently immigrated from other countries. They refuse to include these statements as part of their admissions statements, and they are denied participation in the program and they sue. What is the result?

Question 8

Which of these are levels of scrutiny courts will apply to constitutional challenges?

Question 9

State F has a program to provide funding for low income patients who seek out medical offices that offer family planning. To receive the funding, the medical office must include a statement on its website encouraging membership in a particular church. If this program is challenged, what is the likely result?

Question 10

Education University is a private school. There is a government grant program that will provide funding for students who qualify, but to be a grant recipient the school is required to place a statement pledging allegiance to the president. Will this requirement be upheld?