2026 VERIFIED QUESTIONS AND
SOLUTIONS 100% CORRECT
●● Strict Scrutiny (if the law being challenged affects...).
Answer: fundamental rights or pure speech (or employs a content-based
regulation of speech)
●● Intermediate Scrutiny.
Answer: the government must show the law or regulation serves a
substantial governmental interest and directly advances that interest
●● Intermediate Scrutiny (if the law being challenged affects...).
Answer: nonfundamental rights or speech plus conduct (or employs a
content-neutral basis for regulating speech)
●● The rational-basis test.
Answer: the law or regulation serves a legitimate governmental purpose
and is reasonably related to that purpose
●● The rational-basis test (if the law being challenged affects...).
Answer: no fundamental rights, no speech issues or nonprotected speech
, ●● First Amendment.
Answer: Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people peaceably
to assemble, and to petition the government for a redress of grievances.
●● pure speech.
Answer: public speech, writing a letter, publishing a newspaper or book
●● intermediate speech.
Answer: Symbolic speech, advertising, broadcasting (some aspects)
●● unprotected speech.
Answer: fighting words, libel, obscenity, threats, fraud
●● Speech Action Dichotomy.
Answer: Speech that is protected, but action is not.
●● Political-Nonpolitical Speech Dichotomy.
Answer: speech that is political in the sense of contributing to self-
government receives the highest level of protection
●● content-neutral, content-based dichotomy.