JOUR303 Midterm Guide Exam Questions And
Answers
4-Step Process for Determining What a Law Is
1. Read the law
2. Look at the precedent
3. Look at the lawmakers
4. Look at the history of the times
If the 1st Amendment protects anything it protects ________________.
political speech
6 Rationales for Abridging the 1st Amendment
1. "Yes, but..."
2. "No, not protected at all" (i.e. criminal speech, pornographic speech)
3. "Somewhat" (i.e. commercial speech, broadcast speech)
4. Time/Place/Manner (a. Content neutral, b. Reasonable, c. Cannot ban)
5. Expressive Conduct
6. Secondary/Derivative
Schenck v. United States (1919)
United States Supreme Court decision which ruled that government can limit free speech if the
speech provokes a "clear and present danger" of substantive evils.
Abrams v. United States (1919)
United States Supreme Court decision which upheld the Espionage Act, making it illegal to curtail war
production or the progress of war.
Gitlow v. New York (1925)
The U.S. Supreme Court ruled that the U.S. Constitution's First Amendment protection of free speech
applies also to state governments.
Brandenburg v. Ohio (1969)
The Supreme Court established that speech advocating illegal conduct is protected under the First
Amendment unless the speech is likely to incite "imminent lawless action."
Citizens United v. Federal Election Commission (2010)
The U.S. Supreme Court ruled that laws that prevented corporations and unions from using their
general treasury funds for independent "electioneering communications" (political advertising)
violated the First Amendment's guarantee of freedom of speech.
New York Times & Washington Post v United States (1971)
The Supreme Court held that the government must meet a heavy burden of justification before it can
restrain the press from exercising its First Amendment right to publish.
Valentine v. Chrestensen (1942)
- The Supreme Court ruled unanimously that commercial speech is not protected by the First
Amendment.
, - This case was what decided that commercial speech would not be protected by the 1st Amendment
Central Hudson Gas & Electric Corp. v. Public Service Commission (1980)
The Supreme Court established a four-part test for determining when commercial speech can be
regulated without violating the Constitution.
What are the 4 sources from which law originates?
1. Case Law
2. Statues & Ordinances
3. Constitutional Law
4. Administrative Law
What are the 3 branches of government?
1. Legislative
2. Executive
3. Judicial
Why is the U.S. Constitution considered the "highest law"?
It sets out the framework of the federal government, including its division into executive, legislative,
and judicial branches, and provides guidelines for the government's operation.
Why are constitutions considered the "most powerful" laws?
It is the most fundamental law of a particular jurisdiction and specifies the government's form,
functions, and operating procedures. It also sets a relationship between government and the people.
Why do state constitutions tend to be similar to the federal constitution?
Most states joined the Union after the adoption of the federal Constitution and, according to the U.S.
Constitution's rules for admission of new states, the constitution of each applicant state must be
approved by Congress.
What is the function of the Bill of Rights?
Serves as a model for other nations and as a focal point of hope and inspiration for oppressed people
in America and around the globe.
(First ten amendments)
Doctrine of Judicial Review
Principle that the courts have authority to review and declare unconstitutional the actions of other
branches of government
Who is the final authority on the meaning of the U.S. Constitution?
The U.S. Supreme Court; their interpretations must be followed by all other federal and state courts
when the federal Constitution is at issue.
Statute
A written law passed by a legislative body.
Answers
4-Step Process for Determining What a Law Is
1. Read the law
2. Look at the precedent
3. Look at the lawmakers
4. Look at the history of the times
If the 1st Amendment protects anything it protects ________________.
political speech
6 Rationales for Abridging the 1st Amendment
1. "Yes, but..."
2. "No, not protected at all" (i.e. criminal speech, pornographic speech)
3. "Somewhat" (i.e. commercial speech, broadcast speech)
4. Time/Place/Manner (a. Content neutral, b. Reasonable, c. Cannot ban)
5. Expressive Conduct
6. Secondary/Derivative
Schenck v. United States (1919)
United States Supreme Court decision which ruled that government can limit free speech if the
speech provokes a "clear and present danger" of substantive evils.
Abrams v. United States (1919)
United States Supreme Court decision which upheld the Espionage Act, making it illegal to curtail war
production or the progress of war.
Gitlow v. New York (1925)
The U.S. Supreme Court ruled that the U.S. Constitution's First Amendment protection of free speech
applies also to state governments.
Brandenburg v. Ohio (1969)
The Supreme Court established that speech advocating illegal conduct is protected under the First
Amendment unless the speech is likely to incite "imminent lawless action."
Citizens United v. Federal Election Commission (2010)
The U.S. Supreme Court ruled that laws that prevented corporations and unions from using their
general treasury funds for independent "electioneering communications" (political advertising)
violated the First Amendment's guarantee of freedom of speech.
New York Times & Washington Post v United States (1971)
The Supreme Court held that the government must meet a heavy burden of justification before it can
restrain the press from exercising its First Amendment right to publish.
Valentine v. Chrestensen (1942)
- The Supreme Court ruled unanimously that commercial speech is not protected by the First
Amendment.
, - This case was what decided that commercial speech would not be protected by the 1st Amendment
Central Hudson Gas & Electric Corp. v. Public Service Commission (1980)
The Supreme Court established a four-part test for determining when commercial speech can be
regulated without violating the Constitution.
What are the 4 sources from which law originates?
1. Case Law
2. Statues & Ordinances
3. Constitutional Law
4. Administrative Law
What are the 3 branches of government?
1. Legislative
2. Executive
3. Judicial
Why is the U.S. Constitution considered the "highest law"?
It sets out the framework of the federal government, including its division into executive, legislative,
and judicial branches, and provides guidelines for the government's operation.
Why are constitutions considered the "most powerful" laws?
It is the most fundamental law of a particular jurisdiction and specifies the government's form,
functions, and operating procedures. It also sets a relationship between government and the people.
Why do state constitutions tend to be similar to the federal constitution?
Most states joined the Union after the adoption of the federal Constitution and, according to the U.S.
Constitution's rules for admission of new states, the constitution of each applicant state must be
approved by Congress.
What is the function of the Bill of Rights?
Serves as a model for other nations and as a focal point of hope and inspiration for oppressed people
in America and around the globe.
(First ten amendments)
Doctrine of Judicial Review
Principle that the courts have authority to review and declare unconstitutional the actions of other
branches of government
Who is the final authority on the meaning of the U.S. Constitution?
The U.S. Supreme Court; their interpretations must be followed by all other federal and state courts
when the federal Constitution is at issue.
Statute
A written law passed by a legislative body.
