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JOMC 486 - MIDTERM (Master Set) with 100- correct answers
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JOMC 486 - MIDTERM (Master Set) with 100- correct answers
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JOMC 486 - MIDTERM (MasterSet) with 100% correct answers
When did the US Sup Ct begin interpreting the 1st amendment? - answer
Early 1900s
14th Amendment - answer No state may deprive a person of life, liberty,
or property
Expressive Conduct - answer Symbolic speech; includes protests
(regulation can only be justified if intermediate scrutiny is satisfied)
Pure speech - answer Spoken speech; includes publishing newspapers
(regulation can only be justified if "strict scrutiny" is satisfied)
Rational Basis Test - answer Lowest level of scrutiny; requires that a
statue serves a legitimate state purpose and be reasonably related to
achieving that goal. (Ex: airbags required in cars.)
Intermediate Scrutiny - answer Used in cases involving expressive
conduct; asks whether the law furthers a substantial government interest
and is no more restrictive of speech that necessary to advance that
interest. (Ex: prohibiting protests at certain times due to wanting rush
hour traffic to move smoothly)
Strict Scrutiny - answer Used when a law imposes limitations on a
fundamental right; government must show the law serves a compelling
government interest and is narrowed to serve that interest. (Ex: censoring
what news reporters are allowed to say about US troops in times of war).
Brandenburg v. Ohio - what Ohio law was Brandenburg convicted under? -
answer Ohio Criminal Syndicalism Statue (for "advocating... the duty,
necessity, or propriety of crime, sabotage, violence, or unlawful methods
of terrorism as a means of accomplishing industrial or political reform"
and "for voluntarily assembling with any society, group, or assemblage of
,persons formed to teach or advocate the doctrines of criminal
syndicalism")
Verdict of Brandenburg v. Ohio - answer The Ohio Syndicalism Act could
not be sustained; · The First Amendment does not allow states to "forbid
or proscribe the advocacy of the use of force of law violation except where
such advocacy is directed to inciting or producing imminent lawless action
and is likely to incite or produce such action"
Brandenburg Test - answer State may punish speech that is seditious or
may encourage criminal behavior if there is evidence of:
- An intent to incite violence or unlawful activity
- Imminence of violence or unlawful activity
And...
- a likelihood of violence of unlawful activity
United States v. O'Brien - What did O'Brien do? - answer He burned his
Selective Service registration card in front of crowd and FBI agent.
United States v. O'Brien - What was O'Brien charged for? - answer
"Willfully and knowingly mutilating, destroying, or change by burning his
Registration Certificate" (a 1965 amendment)
United States v. O'Brien - What was the verdict? - answer Sup Ct said that
the 1965 amendment met all requirements of a constitutional law,
therefore O'Brien is convicted (Selective Service cards serve a function,
therefore Congress has a legitimate reason to protect its destruction).
O'Brien Test - answer - Is the regulation within the constitutional power
of the gov?
- Does it further a substantial gov interest?
- Is the gov interest unrelated to the suppression of expression?
- Is any incidental restriction on 1st Amendment freedoms no greater than
necessary for furthering the governmental interest?
, Johnson v. Texas - What did Johnson do? - answer He participated in a
political demonstration, where he burned an American flag.
Johnson v. Texas - What was Johnson charged with? - answer Desecration
of a venerated object.
Johnson v. Texas - What was the final verdict? - answer The Texas law
violated Johnson's 1st amendment rights. All expressive conduct relating
to flags are constitutional rights. No fighting words were used and no
violence was incited, therefore Johnson was only prosecuted based on
expression of dissatisfaction with the government (which is protected by
the 1st amendment).
Content-based Regulation - answer One which singles out certain kinds
of expression based on its content or viewpoint (courts apply strict
scrutiny).
Content-neutral Regulation - answer One that applies equally to all
content or viewpoints (courts apply intermediate scrutiny).
Reed et al. v. Town of Gilbert - answer A church advertised their service
with temporary signs around town, were cited for violating the town's Sign
Code (citation claimed the church exceeded time limit for display). The
Sign Code prohibits display of outdoor signs without a permit, but certain
categories are excluded from that requirement (including ideological
signs). Town's Sign Code is content based on its face and did not satisfy
strict scrutiny.
What case coined the term "fighting words"? - answer Chaplinsky v. New
Hampshire
Fighting Words - answer Words that by their very utterance inflict injury
or tend to incite an immediate breach of peace.
R.A.V. v. St. Paul - What happened? - answer Petitioner and other teens
burned a homemade cross on backyard (fenced in) lawn of black family.
Violated St. Paul's Bias-Motivated Crime Ordinance, which prohibits
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