Collins JOUR 303 Final Exam Questions And
Answers
What are the three steps of the Rational Basis Test?
1. In lawsuits, Burden is on the challenger
2. Assume that the law is constitutional
3. See of law/regulation lacks a rational basis
What are the three steps of the Compelling Interest Test?
1. The burden is on the government. (Usually the government)
2. See if the law is not constitutional
3. The government must have a compelling interest for doing this (= strict scrutiny)
4 step process for determining what a law means
1) Read the law
2) Look for precedent
3) Look to lawmakers
4) Look to times when law was made
Political speech
If the First Amendment protects anything, it protects?
Prior Restraint
If the First Amendment prohibits anything, it prohibits?
Freedoms in the First Amendment
freedom of speech, religion, press, peacefully assemble and petition
Importance of Schenck vs. US
it was the first case on political speech (created the clear and present danger test) aka compelling
interest test
Four Sources of a Law
statutory, common, constitutional and regulatory
Steps for a Bill to become a Law
1) Legislator makes and introduces bill
2) it's sent to a committee (keep, toss or modify it)
3) Goes to House of Representatives
4) It's sent to the Senate
5) Sent to President
, 6) Put into law
Six Rationales for regulating speech
1. yes, but gov. must have a compelling interest that outweighs the First Amendment (yes, but
argument)
2. somewhat protected (the government has more leeway to regulate commercial/broadcast)
3. Not regulated at all (no, not protected)
4. The time, place, and manner. - regulation (It cannot be a ban. It has to be reasonable and content
must be reasonable)
5. expressive content
6. secondary / discrete (protecting news source)
Six reason you can be arrested/suspected
1) evidence
2) witnesses
3) turning yourself in
4) accused
5) filed complaint against you
6) grand jury investigation
What are 3 things that specify what a law means in advance?
act, state of mine and penalty
Prior Restraint definition
this is a governmental restraint that is imposed before publication or speech has taken place
Exceptions to Prior Restraint
National and State security and decency
Brandenburg Test
Does the speech:
1) Incite
2) Imminent
3) Lawless action
4) Likely to occur
Four Step Modern Clear and Present Danger Test
1) Direct
2) Immediate
3) Inevitable
4) Catastrophe
Importance of Near vs Minnesota
this case established a constitutional principle that, with some exceptions, the government couldn't
censor or prohibit publication in advance
Brandenburg vs. Ohio
this case resulted in the Brandenburg test
Answers
What are the three steps of the Rational Basis Test?
1. In lawsuits, Burden is on the challenger
2. Assume that the law is constitutional
3. See of law/regulation lacks a rational basis
What are the three steps of the Compelling Interest Test?
1. The burden is on the government. (Usually the government)
2. See if the law is not constitutional
3. The government must have a compelling interest for doing this (= strict scrutiny)
4 step process for determining what a law means
1) Read the law
2) Look for precedent
3) Look to lawmakers
4) Look to times when law was made
Political speech
If the First Amendment protects anything, it protects?
Prior Restraint
If the First Amendment prohibits anything, it prohibits?
Freedoms in the First Amendment
freedom of speech, religion, press, peacefully assemble and petition
Importance of Schenck vs. US
it was the first case on political speech (created the clear and present danger test) aka compelling
interest test
Four Sources of a Law
statutory, common, constitutional and regulatory
Steps for a Bill to become a Law
1) Legislator makes and introduces bill
2) it's sent to a committee (keep, toss or modify it)
3) Goes to House of Representatives
4) It's sent to the Senate
5) Sent to President
, 6) Put into law
Six Rationales for regulating speech
1. yes, but gov. must have a compelling interest that outweighs the First Amendment (yes, but
argument)
2. somewhat protected (the government has more leeway to regulate commercial/broadcast)
3. Not regulated at all (no, not protected)
4. The time, place, and manner. - regulation (It cannot be a ban. It has to be reasonable and content
must be reasonable)
5. expressive content
6. secondary / discrete (protecting news source)
Six reason you can be arrested/suspected
1) evidence
2) witnesses
3) turning yourself in
4) accused
5) filed complaint against you
6) grand jury investigation
What are 3 things that specify what a law means in advance?
act, state of mine and penalty
Prior Restraint definition
this is a governmental restraint that is imposed before publication or speech has taken place
Exceptions to Prior Restraint
National and State security and decency
Brandenburg Test
Does the speech:
1) Incite
2) Imminent
3) Lawless action
4) Likely to occur
Four Step Modern Clear and Present Danger Test
1) Direct
2) Immediate
3) Inevitable
4) Catastrophe
Importance of Near vs Minnesota
this case established a constitutional principle that, with some exceptions, the government couldn't
censor or prohibit publication in advance
Brandenburg vs. Ohio
this case resulted in the Brandenburg test
