JOMC 486 PRACTICE SOLUTION SET 2026
COMPLETE QUESTIONS AND ANSWERS
GUARANTEED TO PASS
●● 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
COMPLETE QUESTIONS AND ANSWERS
GUARANTEED TO PASS
●● 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
