Jomc 486 exam 1 - Study guides, Class notes & Summaries

Nebraska v. Drahota (2010) - ANSWER-- Darren J. Drahota was convicted of a breach of the peace based on two emails he sent to William Avery, his former political science professor and a candidate for the State Legislature. These emails were full of provocative and insulting rhetoric. Drahota suggested that Avery was a traitor and that he sympathized with Al Qaeda, a terrorist organization. - The court said Drahota's emails were not fighting words because the context of Drahota's speech was a...

JOMC 486 Exam 1 Question and answers 2023/2024 verified to pass When courts concluded that a regulation of expression is based on the content of that expression, they are likely to employ - correct answer Strict Scrutiny The records of the First Congress show that when the senators and representatives were considering the propsed guarentees for freedom of speech and press they... - correct answer Gave no detailed consideration to what those freedoms meant In 1978 and 1979, the federal gov...

JOMC 486 Exam 1 Question and answers correctly solved 2023/2024David Paul O'Brien was prosecuted for having - correct answer burned his draft card In finding that the regulation imposed by the Selective Service Act on the use of draft cards is within the constitutional power of government, the Supreme Court pointed to - correct answer the power of congress to raise and support armies The federal government, in defending the prohibition on the destruction of draft cards, offered several ju...

JOMC 486 Exam 1'' Question and answers 2023/2024 verified to passWhich of the following best describes the words or actions that prompted Ohio to prosecute Brandenburg for violating the state's criminal syndicalism statute? - correct answer He threatened revengence for policies that he thought suppressed the white race. Brandenburg was filmed at a rally of - correct answer the Ku Klux Klan. According to the Supreme Court's Brandenburg v. Ohio decision, advocating violent means to...

JOMC 486 Exam 1 Case Studies with Questions and Answers Nebraska v. Drahota (2010) ANSWER - Darren J. Drahota was convicted of a breach of the peace based on two emails he sent to William Avery, his former political science professor and a candidate for the State Legislature. These emails were full of provocative and insulting rhetoric. Drahota suggested that Avery was a traitor and that he sympathized with Al Qaeda, a terrorist organization. - The court said Drahota's emails were not figh...

JOMC 486 Exam 1 Question and answers correctly solved 2023/2024 Brandenburg v. Ohio - correct answer Threats of a KKK leader were deemed ok b/c of a failure to prove a real danger from them. Declared that speech is protected unless proven that beyond a reasonable doubt that his intent was to commit violence Brandenburg Test - correct answer state may punish speech that is seditious or may encourage criminal behavior if there is evidence of 1. intent to incite violence 2. imminence of viol...

JOMC 486 Exam 1 with Questions and Answers Brandenburg was convicted under the Ohio Criminal Syndicalism law which prohibited (brandenburg vs. ohio) ANSWER advocacy of violence to bring about industrial or political reform. Brandenburg was filmed at a rally of (brandenburg vs. ohio) ANSWER the Ku Klux Klan. In the 1927 Whitney v. California decision, the U.S. Supreme Court had said a criminal syndicalism statute similar to Ohio's was (brandenburg vs. ohio) ANSWER constitutional. Acc...

Statutes - ANSWER-Laws Constitutions - ANSWER-Organization of government Judicial Review - ANSWER-The power to decide whether a law is Unconstitutional Facial Challenge - ANSWER-Arguing the language of the statute As-Applied Challenge - ANSWER-Law was not constitutional in this particular instance Common Law - ANSWER-Early customs and practices of the people. Precedents - ANSWER-Decisions made by earlier cases Stare Decisis - ANSWER-Let the decision stand Administrative R...

JOMC 486 Exam 1

JOMC 486 Exam 1