JOUR303 FINAL QUESTION AND ANSWERS
2024/2025 UPDATED
Question 1: If the First Amendment protects anything, it's ________________.
political speech
Question 2: If the First Amendment prohibits anything, it's ________________.
prior restraint
Question 3: What are the five freedoms protected by the First Amendment?
1. Religion
2. Press
3. Speech
4. Assembly
5. Petition
The First Amendment
Congress shall make no law abridging the freedom of speech or press.
Jurisdiction
The power to make and enforce judgments
Federal court of general jurisdiction
Supreme Court, federal district court, federal courts of appeals (circuit courts)
Federal court of limited jurisdiction
Create a separate court system for specific issues, no control over general person (ex:
military, maritime, family)
Law
Written will of the majority of the American people
Step 1 of a Bill becoming a Law
Legislator makes a bill. Bill is introduced to a part of congress: Senate or House of Reps
Step 2 of a Bill becoming a Law
Sent to a committee that holds hearings, with three possible outcomes:
i. Do nothing, keep bill the same
ii. Kill it
iii. Modify it
Step 3 of a Bill becoming a Law
Bill goes to the House of Reps for discussion
Step 4 of a Bill becoming a Law
Bill goes to Senate for discussion * Senate and House MUST agree before becomes
a law. *
Step 5 of a Bill becoming a Law
Bill sent to President to pass, veto, or stall for automatic passage after 10 days
Step 6 of a Bill becoming a Law
Bill sent to SCOTUS to be put into law
Process 1 of the rational basis test
Challenger (plaintiff) has the burden
Process 2 of the rational basis test
, Plaintiff claims law/regulation is unconstitutional
Process 3 of the rational basis test
Plaintiff must convince the court that the law lacks a rational basis
When is the rational basis test used?
When a law is being challenged as unconstitutional
Compelling governmental interest test
When the government wants to regulate in a way it can't, it needs to convince the
people using a compelling (damn good) reason
1. The burden is on government
2. Government claims law is unconstitutional
3. Government needs a compelling reason to regulate
Government before 1777
Gods, kings and aristocracy (elite/wealthy) and the working people (peasants)
6 rationales for defending a law (regulating speech), aka getting around the First
Amendment
1. Yes, it is protected by the government, and they have a compelling governmental
interest to do so
— Fully protected political speech
2. Somewhat protected by the government and they have a substantial reason to do so
— Commercial speech
3. No, it is not protected by the First Amendment, so the challenger must have a rational
basis to convince to regulate
— Perjury, extortion, XXX porn, criminal speech
4. Time, place and manner regulation
— Disturbing the peace, doesn't matter the content; cannot be a complete ban (the
message still needs to get out)
a. Content neutral: treat everyone alike
b. Reasonable regulation: have a specific time and place (ex: handing out flyers)
5. Expressive conduct
— Burning flags, for example
6. Secondary/derivative First Amendment issues
— Protecting the source of a news story, freedom of information
Espionage Act of 1917
Abridges speech, against the law to speak out against war effort
What did the Sedition Act of 1918 do?
Extended the Espionage Act of 1917 to cover a broader range of offenses.
What does the Sedition Act of 1918 state?
That people or countries cannot say negative things about the government or the war.
Schenck v. U.S. (1919)
Defendants distributed leaflets to draft-age men urging resistance to induction. The U.S.
government charged Schenck with the conspiracy to violate the Espionage Act by
2024/2025 UPDATED
Question 1: If the First Amendment protects anything, it's ________________.
political speech
Question 2: If the First Amendment prohibits anything, it's ________________.
prior restraint
Question 3: What are the five freedoms protected by the First Amendment?
1. Religion
2. Press
3. Speech
4. Assembly
5. Petition
The First Amendment
Congress shall make no law abridging the freedom of speech or press.
Jurisdiction
The power to make and enforce judgments
Federal court of general jurisdiction
Supreme Court, federal district court, federal courts of appeals (circuit courts)
Federal court of limited jurisdiction
Create a separate court system for specific issues, no control over general person (ex:
military, maritime, family)
Law
Written will of the majority of the American people
Step 1 of a Bill becoming a Law
Legislator makes a bill. Bill is introduced to a part of congress: Senate or House of Reps
Step 2 of a Bill becoming a Law
Sent to a committee that holds hearings, with three possible outcomes:
i. Do nothing, keep bill the same
ii. Kill it
iii. Modify it
Step 3 of a Bill becoming a Law
Bill goes to the House of Reps for discussion
Step 4 of a Bill becoming a Law
Bill goes to Senate for discussion * Senate and House MUST agree before becomes
a law. *
Step 5 of a Bill becoming a Law
Bill sent to President to pass, veto, or stall for automatic passage after 10 days
Step 6 of a Bill becoming a Law
Bill sent to SCOTUS to be put into law
Process 1 of the rational basis test
Challenger (plaintiff) has the burden
Process 2 of the rational basis test
, Plaintiff claims law/regulation is unconstitutional
Process 3 of the rational basis test
Plaintiff must convince the court that the law lacks a rational basis
When is the rational basis test used?
When a law is being challenged as unconstitutional
Compelling governmental interest test
When the government wants to regulate in a way it can't, it needs to convince the
people using a compelling (damn good) reason
1. The burden is on government
2. Government claims law is unconstitutional
3. Government needs a compelling reason to regulate
Government before 1777
Gods, kings and aristocracy (elite/wealthy) and the working people (peasants)
6 rationales for defending a law (regulating speech), aka getting around the First
Amendment
1. Yes, it is protected by the government, and they have a compelling governmental
interest to do so
— Fully protected political speech
2. Somewhat protected by the government and they have a substantial reason to do so
— Commercial speech
3. No, it is not protected by the First Amendment, so the challenger must have a rational
basis to convince to regulate
— Perjury, extortion, XXX porn, criminal speech
4. Time, place and manner regulation
— Disturbing the peace, doesn't matter the content; cannot be a complete ban (the
message still needs to get out)
a. Content neutral: treat everyone alike
b. Reasonable regulation: have a specific time and place (ex: handing out flyers)
5. Expressive conduct
— Burning flags, for example
6. Secondary/derivative First Amendment issues
— Protecting the source of a news story, freedom of information
Espionage Act of 1917
Abridges speech, against the law to speak out against war effort
What did the Sedition Act of 1918 do?
Extended the Espionage Act of 1917 to cover a broader range of offenses.
What does the Sedition Act of 1918 state?
That people or countries cannot say negative things about the government or the war.
Schenck v. U.S. (1919)
Defendants distributed leaflets to draft-age men urging resistance to induction. The U.S.
government charged Schenck with the conspiracy to violate the Espionage Act by
