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U.S. Const. amends. I-X.
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1What is the Bill of Rights?
What is the Bill of Rights?2What is the state-action doctrine?
What is the state-action doctrine?3Which constitutional amendment protects against actions by private entities?
Which constitutional amendment protects against actions by private entities?4What is the public-function exception to the state-action doctrine?
What is the public-function exception to the state-action doctrine?5If a state commands private action, does that serve as state action for constitutional purposes?
If a state commands private action, does that serve as state action for constitutional purposes?6What is the nexus test for evaluating when private conduct is state action for constitutional purposes?
What is the nexus test for evaluating when private conduct is state action for constitutional purposes?7What is the symbiotic relationship exception to the state action doctrine?
What is the symbiotic relationship exception to the state action doctrine?8A private restaurant leased a property within a larger building that was owned by a state government. The building featured the state seal. The sta...
A private restaurant leased a property within a larger building that was owned by a state government. The building featured the state seal. The state and U.S. flags also flew outside the main public entrance. The government building’s finance plan relied on leasing space inside the building to non-government, private entities to operate small businesses. The government building paid for the restaurant’s utilities. The restaurant attracted traffic that paid to use the building’s parking lot, which was owned by the state and also prominently featured the state seal and the national and state flags. A citizen complained that this relationship converted the otherwise private actions taken by the restaurant into state actions subject to the reach of the Fourteenth Amendment to the U.S. Constitution.Is the citizen correct?9Under what circumstances does private conduct become so entwined with the government that its action is attributable to the state for constitutiona...
Under what circumstances does private conduct become so entwined with the government that its action is attributable to the state for constitutional purposes?10A private group organized concerts and supported music education programs in K-12 public schools. The group’s members were individual schools. 80 p...
A private group organized concerts and supported music education programs in K-12 public schools. The group’s members were individual schools. 80 percent of the group’s members were public K-12 schools and the remaining 20 percent were private K-12 schools. The group received annual appropriations from the state government to fund its operations. Additional funding came from annual dues and from the money collected at group sponsored concerts and competitions. The group’s employees participated in the state teachers’ retirement plan. The state board of education appointed three members of the group’s nine-member board of directors. A student sued the group, claiming a Fourteenth Amendment violation. The group argued that its actions were not state actions subject to the Fourteenth Amendment. Are the group’s actions considered state actions?11Is a private entity controlled by the government a state actor for constitutional purposes?
Is a private entity controlled by the government a state actor for constitutional purposes?12To implement a federal transportation policy favoring mass transit, Congress enacted a statute creating a ferry corporation to operate passenger fe...
To implement a federal transportation policy favoring mass transit, Congress enacted a statute creating a ferry corporation to operate passenger ferries across the country. The statute described the ferry corporation as a private corporation. The president of the United States appointed the corporation’s board of directors. The federal government owned all shares in the corporation. Every year, Congress appropriated public funds to help cover the corporation’s operating expenses. A political advocacy group tried to buy space in one of the corporation’s ferry terminals and was refused. The advocacy group sued the corporation, claiming that the corporation’s refusal violated the First Amendment. The corporation argued that it was a private entity and its refusal to sell advertising space was not a state action subject to the First Amendment. Was the corporation’s refusal a state action?13Under what circumstances may a litigant challenge the actions of a private entity on constitutional grounds, even if that entity is not performing ...
Under what circumstances may a litigant challenge the actions of a private entity on constitutional grounds, even if that entity is not performing a public function?14Can the actions of a private actor be considered state actions for the purpose of applying laws that only apply to state actions?
Can the actions of a private actor be considered state actions for the purpose of applying laws that only apply to state actions?15Under the state-action doctrine, if a state or local government encourages or facilitates a private actor to engage in a particular unconstitutiona...
Under the state-action doctrine, if a state or local government encourages or facilitates a private actor to engage in a particular unconstitutional behavior, can that convert an otherwise private action into a state action?16Under the state-action doctrine, is extensive and pervasive government regulation enough to make an otherwise private entity’s actions into state a...
Under the state-action doctrine, is extensive and pervasive government regulation enough to make an otherwise private entity’s actions into state actions?17What is the Due Process Clause of the Fourteenth Amendment?
What is the Due Process Clause of the Fourteenth Amendment?18What are the two main components of the Due Process Clause of the Fourteenth Amendment?
What are the two main components of the Due Process Clause of the Fourteenth Amendment?19What is the incorporation doctrine?
What is the incorporation doctrine?20What is total incorporation?
What is total incorporation?21What is selective incorporation?
What is selective incorporation?22In addition to the freedom of speech, what other rights does the First Amendment protect?
In addition to the freedom of speech, what other rights does the First Amendment protect?23Are citizens protected from infringements of their First Amendment rights made by the states?
Are citizens protected from infringements of their First Amendment rights made by the states?24What rights does the Second Amendment protect?
What rights does the Second Amendment protect?25Are citizens protected from infringements of their Second Amendment rights made by the states?
Are citizens protected from infringements of their Second Amendment rights made by the states?26Which constitutional amendment forbids the quartering of soldiers in homes?
Which constitutional amendment forbids the quartering of soldiers in homes?27Are citizens protected from infringements of their Third Amendment rights made by the states?
Are citizens protected from infringements of their Third Amendment rights made by the states?28What rights does the Fourth Amendment protect?
What rights does the Fourth Amendment protect?29Are citizens protected from infringements of their Fourth Amendment rights made by the states?
Are citizens protected from infringements of their Fourth Amendment rights made by the states?30In addition to requiring a grand jury in trials involving the death penalty, what other rights does the Fifth Amendment protect?
In addition to requiring a grand jury in trials involving the death penalty, what other rights does the Fifth Amendment protect?31Are citizens protected from infringements of their Fifth Amendment rights made by the states?
Are citizens protected from infringements of their Fifth Amendment rights made by the states?32Which amendment contains protections for criminal defendants during trial?
Which amendment contains protections for criminal defendants during trial?33Are citizens protected from infringements of their Sixth Amendment rights made by the states?
Are citizens protected from infringements of their Sixth Amendment rights made by the states?34Does the Constitution require jury trials in civil cases?
Does the Constitution require jury trials in civil cases?35Are states required to provide juries for all civil cases under the Seventh Amendment?
Are states required to provide juries for all civil cases under the Seventh Amendment?36Which amendment prohibits cruel and unusual punishment?
Which amendment prohibits cruel and unusual punishment?37Does the Eighth Amendment apply to the states?
Does the Eighth Amendment apply to the states?38Which amendments has the Supreme Court fully incorporated as applicable to the states?
Which amendments has the Supreme Court fully incorporated as applicable to the states?39Which amendments has the Supreme Court selectively incorporated as applicable to the states?
Which amendments has the Supreme Court selectively incorporated as applicable to the states?40What amendments has the Supreme Court not incorporated, rendering them inapplicable to the states?
What amendments has the Supreme Court not incorporated, rendering them inapplicable to the states?41Does the Fourteenth Amendment to the U.S. Constitution extend or incorporate the entire Bill of Rights to actions by states?
Does the Fourteenth Amendment to the U.S. Constitution extend or incorporate the entire Bill of Rights to actions by states?42What is substantive due process?
What is substantive due process?43What is a fundamental right, for purposes of substantive due process?
What is a fundamental right, for purposes of substantive due process?44Are all fundamental rights expressly enumerated in the Constitution?
Are all fundamental rights expressly enumerated in the Constitution?45For purposes of substantive due process, what is a fundamental right?
For purposes of substantive due process, what is a fundamental right?46What is the test for determining if an interest is a constitutionally protected fundamental right or liberty interest?
What is the test for determining if an interest is a constitutionally protected fundamental right or liberty interest?47Is the right to use
contraceptives protected by the Due Process Clauses of the Fifth and Fourteenth
Amendments?
Is the right to use
contraceptives protected by the Due Process Clauses of the Fifth and Fourteenth
Amendments?48A state passed a law placing restrictions on the sale of birth control to minors. A pharmaceutical company sued to invalidate the law, claiming it ...
A state passed a law placing restrictions on the sale of birth control to minors. A pharmaceutical company sued to invalidate the law, claiming it placed an unconstitutional burden on a fundamental right.Under the U.S. Constitution, do individuals less than 18 years old have a fundamental right to access birth control?49When evaluating a substantive due process claim, what standard of review does a court apply to a state or federal law abridging a fundamental right?
When evaluating a substantive due process claim, what standard of review does a court apply to a state or federal law abridging a fundamental right?50Generally, what standard of review applies to a law that potentially burdens a fundamental right or liberty interest?
Generally, what standard of review applies to a law that potentially burdens a fundamental right or liberty interest?51A state passed a law that allowed the termination of an unmarried biological father’s parental rights without notice or an opportunity for a hearin...
A state passed a law that allowed the termination of an unmarried biological father’s parental rights without notice or an opportunity for a hearing. A biological mother wished to place her nine-month-old son up for adoption and signed an agreement with a state adoption agency terminating her parental rights. Under the law, the agency terminated the father’s rights without giving him any notice or an opportunity to contest the termination. The father provided regular financial support and had regular contact with the child since its birth. The father sued, claiming that the state law invalidly deprived him of his right to be a parent.What standard of review should be applied to review this claim?52Does a person have a constitutional right to obtain an abortion?
Does a person have a constitutional right to obtain an abortion?53What standard of review applies to a law restricting abortion?
What standard of review applies to a law restricting abortion?54Does any person, regardless of that person’s competency, have a fundamental right to refuse life-saving treatment?
Does any person, regardless of that person’s competency, have a fundamental right to refuse life-saving treatment?55A state legislature enacted a law that prohibited a person from refusing reasonable and cost-effective medical efforts to protect that person’s lif...
A state legislature enacted a law that prohibited a person from refusing reasonable and cost-effective medical efforts to protect that person’s life or health. The law’s purpose was to immunize medical-care professionals who do not obtain informed consent before performing a medical procedure or administering a drug. A citizen objected to all forms of medicine as a matter of deeply held personal belief, including the use of antibiotics. This citizen was seriously injured at work and was taken to a local hospital for treatment. Over the citizen’s objections, medical personnel administered antibiotics to prevent infection. The citizen sues the hospital and staff for battery. The hospital raised the state law as a defense. However, the citizen argued that the law was an unconstitutional burden on his right to refuse unwanted medical treatment. Is the citizen correct?56What are non-fundamental rights?
What are non-fundamental rights?57When evaluating a substantive due process claim, what standard of review does a court apply to a law abridging a non-fundamental right?
When evaluating a substantive due process claim, what standard of review does a court apply to a law abridging a non-fundamental right?58What is the standard of review for potential substantive-due-process violations of non-fundamental rights?
What is the standard of review for potential substantive-due-process violations of non-fundamental rights?59To encourage citizens to visit a dentist, the state legislature enacted a law banning the sale of teeth-whitening products by any business other th...
To encourage citizens to visit a dentist, the state legislature enacted a law banning the sale of teeth-whitening products by any business other than a licensed dentist’s office. Under the new law, only dentists could sell these over-the-counter teeth whitening products within the state. A store sought to invalidate the law on substantive-due-process grounds. The store argued that the law was an unnecessary regulation of teeth-whitening products. Can this law survive the store’s challenge?60Does an incompetent person have a fundamental right to refuse life-sustaining medical treatment?
Does an incompetent person have a fundamental right to refuse life-sustaining medical treatment?61Does a person have a fundamental right to end his own life through assisted suicide?
Does a person have a fundamental right to end his own life through assisted suicide?62If a plaintiff claims that a non-legislative government action violates general substantive-due-process rights, without reference to any more speci...
If a plaintiff claims that a non-legislative government action violates general substantive-due-process rights, without reference to any more specific right or constitutional provision, what elements must the plaintiff prove?63A light fixture mounted on the ceiling of a city office fell and hit a city employee on the head. The employee sued the city, alleging that the cit...
A light fixture mounted on the ceiling of a city office fell and hit a city employee on the head. The employee sued the city, alleging that the city’s failure to properly maintain the light was arbitrary and showed indifference to the employee’s health and safety. Arguing that substantive due process protected individuals from arbitrary and oppressive government action, the employee claimed that the city’s arbitrary actions were a violation of the employee’s substantive-due-process rights. The city moved to dismiss the complaint, arguing that the employee failed to state a valid substantive-due-process claim. Is the city correct?64What is procedural due process?
What is procedural due process?65Which are the three types of interests that are protected by procedural due process?
Which are the three types of interests that are protected by procedural due process?66What life interests implicate procedural due process?
What life interests implicate procedural due process?67What liberty interests implicate procedural due process?
What liberty interests implicate procedural due process?68Are the liberty interests that implicate procedural due process limited to instances in which the government is impeding a person’s freedom of move...
Are the liberty interests that implicate procedural due process limited to instances in which the government is impeding a person’s freedom of movement?69Does procedural due process protect interests in intangible property?
Does procedural due process protect interests in intangible property?70Does procedural due process protect a property interest in obtaining government aid?
Does procedural due process protect a property interest in obtaining government aid?71If a state government creates a property interest, can the state government also adopt any procedures to terminate that property interest?
If a state government creates a property interest, can the state government also adopt any procedures to terminate that property interest?72The municipal police department adopted a strict policy of routinely enforcing domestic-violence restraining orders. A woman obtained a domestic-vi...
The municipal police department adopted a strict policy of routinely enforcing domestic-violence restraining orders. A woman obtained a domestic-violence restraining order against her ex-husband. When the woman’s ex-husband violated the restraining order and entered her home, the woman called 911. However, the police did not respond. The woman suffered physical injuries and emotional trauma. The woman claimed that the police department violated her constitutional right to procedural due process. The woman claimed that she was entitled to enforcement of the restraining order and that she was deprived of this entitlement without due process. The woman claimed the police department’s policy gave her a legitimate claim of entitlement to enforcement of her restraining order that was sufficient to create a protected property interest.Is the woman correct?73Which three factors do courts need to balance to determine if there has been a violation of procedural due process?
Which three factors do courts need to balance to determine if there has been a violation of procedural due process?74What three-part balancing test do courts use in determining whether a person deprived of a protected life, liberty, or property interest was provid...
What three-part balancing test do courts use in determining whether a person deprived of a protected life, liberty, or property interest was provided sufficient due process of law?75The government filed an action to take a residential property occupied by the owner and her two grandchildren. The government alleged that the owne...
The government filed an action to take a residential property occupied by the owner and her two grandchildren. The government alleged that the owner’s daughter had been involved in illegal-drug trafficking and that she had used the property to store contraband. The relevant statute provided for an ex parte forfeiture proceeding. This meant that the government did not need to give the owner either notice nor an opportunity to be heard before the trial court was allowed to issue an order taking the property and making the owner and occupants move out. The statute was passed because the government had a strong interest in preventing illegal-drug trafficking.Does this forfeiture proceeding violate the property owner’s constitutional procedural-due-process rights?76Does procedural due process require the guilt-beyond-a-reasonable-doubt standard of proof in criminal trials?
Does procedural due process require the guilt-beyond-a-reasonable-doubt standard of proof in criminal trials?77To comply with constitutional procedural-due-process requirements, must the government provide a person with notice and an opportunity to be heard ...
To comply with constitutional procedural-due-process requirements, must the government provide a person with notice and an opportunity to be heard before depriving the person of life, liberty, or property interest?78What two questions do courts evaluate when a litigant asserts that his procedural due process rights were violated?
What two questions do courts evaluate when a litigant asserts that his procedural due process rights were violated?79Does the Equal Protection Clause of the Fourteenth Amendment prohibit a state from denying equal protection of the law to any person in its jurisdi...
Does the Equal Protection Clause of the Fourteenth Amendment prohibit a state from denying equal protection of the law to any person in its jurisdiction?80What does it mean to challenge a law facially under the Equal Protection Clauses?
What does it mean to challenge a law facially under the Equal Protection Clauses?81What does it mean to challenge a law as applied under the Equal Protection Clauses?
What does it mean to challenge a law as applied under the Equal Protection Clauses?82Do courts use the same standard of review, regardless of whether a litigant is asserting a facial or as-applied challenge?
Do courts use the same standard of review, regardless of whether a litigant is asserting a facial or as-applied challenge?83What rights has the U.S. Supreme Court deemed fundamental under the Equal Protection Clause?
What rights has the U.S. Supreme Court deemed fundamental under the Equal Protection Clause?84Are the same rights deemed fundamental under both the Substantive Due Process Clause and the Equal Protection Clause?
Are the same rights deemed fundamental under both the Substantive Due Process Clause and the Equal Protection Clause?85What standard of review do courts use under equal-protection analysis when a challenged law denies a fundamental right to a certain class of indivi...
What standard of review do courts use under equal-protection analysis when a challenged law denies a fundamental right to a certain class of individuals?86A state decided to make anyone voting in a state election pay a fee. The state claimed the purpose of the law was to cover the significant costs of...
A state decided to make anyone voting in a state election pay a fee. The state claimed the purpose of the law was to cover the significant costs of holding an election.Does this law violate the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution?87A state law required potential voters to present a government-issued photo identification card (ID) to vote. The state claimed the law’s purpose wa...
A state law required potential voters to present a government-issued photo identification card (ID) to vote. The state claimed the law’s purpose was to ensure voters were who they said they were to ensure the integrity of the voting process.Does this law directly violate the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution?88A state limited the right to seek a divorce to persons who had resided in the state for at least one full year. A married woman moved to the state....
A state limited the right to seek a divorce to persons who had resided in the state for at least one full year. A married woman moved to the state. After living there for two months, the woman tried to file for divorce. However, the state law would not allow her to do so. The woman sued, claiming the state law violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. Is the woman correct?89A county government created an entity to build and operate electrical-service lines across the county. This new governmental entity had a five-memb...
A county government created an entity to build and operate electrical-service lines across the county. This new governmental entity had a five-member board of commissioners that was responsible for overseeing its operation. The commissioners were elected by county landowners, with voting rights apportioned based on the current value of a property owner’s land in the county. One resident owned a small parcel of land and received one vote for each commission seat. A different resident owned a large parcel and received 1000 votes per seat. The owner of the small parcel sued, arguing that distributing votes based on land value violated the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution.Is the owner correct?90Concerned about unpaid child support, the state government enacted a law prohibiting the issuance of a marriage license to anyone who owed more tha...
Concerned about unpaid child support, the state government enacted a law prohibiting the issuance of a marriage license to anyone who owed more than $5,000 in unpaid and outstanding child-support payments. A man owed $10,000 in unpaid child support. The man sought a license to marry, but he was not allowed to get a marriage license because of his unpaid and outstanding child-support payments. The man sued to invalidate the state law, arguing that it unreasonably restricted his fundamental right to marry in violation of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.Is the man correct?91What is a suspect classification for purposes of the Equal Protection Clauses?
What is a suspect classification for purposes of the Equal Protection Clauses?92Which are the types of suspect classifications that will trigger strict scrutiny of a law that allegedly violates the Equal Protection Clause of th...
Which are the types of suspect classifications that will trigger strict scrutiny of a law that allegedly violates the Equal Protection Clause of the Fourteenth Amendment?93If a law restricts fundamental rights or targets suspect classifications of individuals, what standard of review applies to a claim that the law vi...
If a law restricts fundamental rights or targets suspect classifications of individuals, what standard of review applies to a claim that the law violates equal-protection principles?94Are separate primary and secondary schools for children of different races inherently unequal?
Are separate primary and secondary schools for children of different races inherently unequal?95What is de jure segregation?
What is de jure segregation?96What is de facto segregation?
What is de facto segregation?97Under what circumstances does de facto segregation in public schools violate the Equal Protection Clause of the Fourteenth Amendment?
Under what circumstances does de facto segregation in public schools violate the Equal Protection Clause of the Fourteenth Amendment?98Is race a suspect class under the Equal Protection Clause?
Is race a suspect class under the Equal Protection Clause?99Are laws that are neutral on their face but have a discriminatory impact on a certain race automatically unconstitutional under the Equal Protectio...
Are laws that are neutral on their face but have a discriminatory impact on a certain race automatically unconstitutional under the Equal Protection Clause?100What is affirmative action?
What is affirmative action?101Are race-based affirmative action policies implemented by state actors subject to strict scrutiny review?
Are race-based affirmative action policies implemented by state actors subject to strict scrutiny review?102What standard of review applies to laws using racial classifications?
What standard of review applies to laws using racial classifications?103May a public institution of higher education use racial admissions quotas as part of an affirmative action policy?
May a public institution of higher education use racial admissions quotas as part of an affirmative action policy?104A state university adopted a comprehensive program to try to increase the diversity of the students admitted to the university. The program include...
A state university adopted a comprehensive program to try to increase the diversity of the students admitted to the university. The program included considerations of a candidate’s race or ethnic identity. The program also looked at a number of factors wholly unrelated to race or ethnic ancestry, like socio-economic status, the student’s primary language, and a record of community service. The program did not include any quotas and all applicants were considered for all available seats. The program included a provision that stated it must be reviewed and renewed annually or else it would automatically terminate. An individual applied for admission to the state university and was denied admission. The applicant sued, alleging that the university’s consideration of race and ethnic ancestry violated the Equal Protection Clause of the Fourteenth Amendment.Is the applicant correct?105Is the federal government’s authority to adopt race-based affirmative-action programs broader than the state and local governments’ authority to ad...
Is the federal government’s authority to adopt race-based affirmative-action programs broader than the state and local governments’ authority to adopt these types of programs?106What is the political function exception to the general rule that classifications on the basis of alienage are subject to strict scrutiny?
What is the political function exception to the general rule that classifications on the basis of alienage are subject to strict scrutiny?107A state government enacted a law requiring that all public-school teachers be either (1) United States citizens or (2) lawful resident aliens in th...
A state government enacted a law requiring that all public-school teachers be either (1) United States citizens or (2) lawful resident aliens in the process of obtaining United States citizenship. A lawful, permanent-resident alien did not plan to seek United States citizenship but wanted to be a public-school teacher. The permanent-resident alien challenged the constitutional validity of the state law banning non-citizens from employment in the state’s public schools. The alien argued that the law violated the Equal Protection Clause of the Fourteenth Amendment.Is the alien correct?108What are semi-suspect or quasi-suspect classifications for purposes of the Equal Protection Clauses?
What are semi-suspect or quasi-suspect classifications for purposes of the Equal Protection Clauses?109What standard of review do courts use under equal-protection analysis when a challenged law draws a semi-suspect or quasi-suspect classification?
What standard of review do courts use under equal-protection analysis when a challenged law draws a semi-suspect or quasi-suspect classification?110What are the differences between the strict scrutiny standard of review used for laws discriminating based on a suspect class and intermediate or m...
What are the differences between the strict scrutiny standard of review used for laws discriminating based on a suspect class and intermediate or mid-level scrutiny used for laws discriminating based on a semi-suspect class?111What is the standard of judicial review applicable to gender-based classifications by the federal or a state government?
What is the standard of judicial review applicable to gender-based classifications by the federal or a state government?112What standard of review would a court use to evaluate a state affirmative action plan meant to increase the representation of women in a given area?
What standard of review would a court use to evaluate a state affirmative action plan meant to increase the representation of women in a given area?113Are legal classifications related to pregnancy necessarily semi-suspect under the Equal Protection Clause?
Are legal classifications related to pregnancy necessarily semi-suspect under the Equal Protection Clause?114Are facially gender-neutral laws that have a disproportionate impact on one gender necessarily unconstitutional?
Are facially gender-neutral laws that have a disproportionate impact on one gender necessarily unconstitutional?115If a law does not implicate a fundamental right or a suspect classification, what standard of review applies to a claim that the law violates equal...
If a law does not implicate a fundamental right or a suspect classification, what standard of review applies to a claim that the law violates equal-protection principles?116What are the differences between rational-basis review used for laws that do not target a semi-suspect class and intermediate or mid-level scrutiny...
What are the differences between rational-basis review used for laws that do not target a semi-suspect class and intermediate or mid-level scrutiny used for laws discriminating based on a semi-suspect class?117Under rational-basis review, can dislike for a particular group of citizens be a legitimate governmental interest?
Under rational-basis review, can dislike for a particular group of citizens be a legitimate governmental interest?118Can a government’s arbitrary treatment of a single individual, by itself, give rise to a valid equal-protection claim?
Can a government’s arbitrary treatment of a single individual, by itself, give rise to a valid equal-protection claim?119Is age a suspect class under the Equal Protection Clause?
Is age a suspect class under the Equal Protection Clause?120Is sexual orientation a suspect class under the Equal Protection Clause?
Is sexual orientation a suspect class under the Equal Protection Clause?121A city government enacted regulations to preserve the look of the city’s historic district. As part of this effort, the city banned push-cart vendo...
A city government enacted regulations to preserve the look of the city’s historic district. As part of this effort, the city banned push-cart vendors in the district. However, the regulation specifically exempted any business that had operated in the district for at least 10 years at the time the regulation was passed. The city justified the exemption on the grounds that longstanding vendors had become part of the character of a historic district, but new vendors had not. A new vendor sued the city, claiming that the exemption was discriminatory and violated equal-protection principles.Has the city committed an equal-protection violation?122A state enacted a law prohibiting local school districts from enrolling any students who could not prove that they were United States citizens or l...
A state enacted a law prohibiting local school districts from enrolling any students who could not prove that they were United States citizens or lawful resident aliens. A local school district with a high percentage of students from undocumented families sued to stop the enforcement of this law. The school district argued that the state law violated the Equal Protection Clause of the Fourteenth Amendment because denying undocumented children access to education did not rationally advance a legitimate state purpose.Is the school district correct?123Is mental disability a suspect class under the Equal Protection Clause?
Is mental disability a suspect class under the Equal Protection Clause?124As part of a comprehensive local-zoning plan, a city required that group homes applied for and received a special-use permit before opening. A grou...
As part of a comprehensive local-zoning plan, a city required that group homes applied for and received a special-use permit before opening. A group applied for a special-use permit to open a home for persons with mental disabilities. Citing the close proximity of a public elementary school and complaints from the students’ parents about the idea of having mentally disabled adults near the school, the city planning office denied the permit. The city council affirmed the decision. This was the only special-use-permit application that the city had denied for a group home in that geographic area. In the past, the city approved special-use permits for nursing homes, hospitals, and other multi-unit dwellings in that area. The rejected group sued, claiming the city’s special-use-permit requirement violated the Equal Protection Clause of the Fourteenth Amendment.What standard of review applies?125What is eminent domain?
What is eminent domain?126To promote access to broadband internet service, a city adopted a regulation that required apartment-building owners to allow internet-service prov...
To promote access to broadband internet service, a city adopted a regulation that required apartment-building owners to allow internet-service providers to attach permanent wires to the apartment buildings and to install broadband equipment within the premises.Is the city regulation a taking under the Takings Clause of the Fifth Amendment to the U.S. Constitution?127Can a government taking of private property only result from physical possession of the property?
Can a government taking of private property only result from physical possession of the property?128Is taking actual possession of a property interest the only way that the government can take private property under the Takings Clause of the Fifth...
Is taking actual possession of a property interest the only way that the government can take private property under the Takings Clause of the Fifth Amendment to the U.S. Constitution?129If a land-use regulation does not destroy all economically viable use of a property, what legal standard determines whether the regulation is a tak...
If a land-use regulation does not destroy all economically viable use of a property, what legal standard determines whether the regulation is a taking?130A city enacted a comprehensive zoning plan. Some of the new zoning regulations denied one property owner all economically beneficial uses of her pr...
A city enacted a comprehensive zoning plan. Some of the new zoning regulations denied one property owner all economically beneficial uses of her property. The owner claimed the new restrictions on her land were a governmental taking. The owner argued that the city needed to pay her just compensation under the Takings Clause of the Fifth Amendment to the U.S. Constitution.Are the new zoning restrictions a taking of this owner’s property rights under the Takings Clause?131Can a government taking of private property be solely for a private purpose?
Can a government taking of private property be solely for a private purpose?132A corporation was expanding its campus and had acquired a large parcel for the building. The expansion would increase the city’s tax base and creat...
A corporation was expanding its campus and had acquired a large parcel for the building. The expansion would increase the city’s tax base and create new jobs. To build sufficient parking for this new building, the corporation needed to acquire five specific residential parcels. Four of the homeowners sold voluntarily, but one refused to sell. The city council used its power of eminent domain to seize the fifth residential property in exchange for just compensation. The city planned to sell the property to the corporation for fair-market value. The fifth homeowner sued, claiming that the city could only use its power of eminent domain under the Takings Clause of the Fifth Amendment to take land for public uses. The homeowner argued that the city could not use its eminent domain power to take land to help a private corporation expand.Is the homeowner correct?133If a governmental regulation eliminates some economically beneficial uses for a property interest, can it sometimes be a taking that requires the p...
If a governmental regulation eliminates some economically beneficial uses for a property interest, can it sometimes be a taking that requires the payment of just compensation under the Takings Clause of the Fifth Amendment?134What is just compensation for private property that the government takes for a public purpose?
What is just compensation for private property that the government takes for a public purpose?135What is the measure of just compensation under the Takings Clause of the Fifth Amendment to the U.S. Constitution?
What is the measure of just compensation under the Takings Clause of the Fifth Amendment to the U.S. Constitution?136What does the Takings Clause of the Fifth Amendment prohibit?
What does the Takings Clause of the Fifth Amendment prohibit?137What does the Privileges and Immunities Clause of Article IV provide?
What does the Privileges and Immunities Clause of Article IV provide?138What is a fundamental right under the Privileges and Immunities Clause of Article IV?
What is a fundamental right under the Privileges and Immunities Clause of Article IV?139Under what circumstances may a state deprive out-of-state residents a fundamental right under the Privileges and Immunities Clause of Article IV?
Under what circumstances may a state deprive out-of-state residents a fundamental right under the Privileges and Immunities Clause of Article IV?140What does the Privileges and Immunities Clause of the Fourteenth Amendment prohibit?
What does the Privileges and Immunities Clause of the Fourteenth Amendment prohibit?141In an attempt to discourage people who need welfare benefits from moving to the state, a state adopted a law that limited the social-welfare benefi...
In an attempt to discourage people who need welfare benefits from moving to the state, a state adopted a law that limited the social-welfare benefits available to new residents. For the first 12 months in the state, a new resident could only collect half the welfare benefits available to longer-term residents. After the 12-month waiting period, new state residents became eligible to receive full social-welfare benefits. A new state resident filed a complaint arguing that the state’s policy of temporarily restricting state welfare benefits for new residents violated the Privileges and Immunities Clause of the Fourteenth Amendment to the U.S. Constitution.Is the new resident correct?142A state prohibited out-of-state residents from being admitted to the state’s bar unless they sat for the state’s full bar exam, even if the out-of-...
A state prohibited out-of-state residents from being admitted to the state’s bar unless they sat for the state’s full bar exam, even if the out-of-state resident was experienced and licensed to practice law in a different state. However, if the attorney had established residency in the state, then the state would admit an experienced attorney to the state bar on motion, without taking the bar exam. A lawyer lived out-of-state but worked for a corporation that had its corporate headquarters in the state. The lawyer sought to be admitted to the state bar on motion, but the state told her that she must sit for the full bar exam. The lawyers argued the state’s action violated the her rights under the Privileges and Immunities Clause found in Article IV, § 2 of the U.S. Constitution.Is the lawyer correct?143What does Article I’s Contracts Clause prohibit?
What does Article I’s Contracts Clause prohibit?144What is a public contract under the Contracts Clause?
What is a public contract under the Contracts Clause?145What standard of review do courts use in evaluating state government interference with a public contract?
What standard of review do courts use in evaluating state government interference with a public contract?146What is a private contract under the Contracts Clause?
What is a private contract under the Contracts Clause?147What standard of review do courts use in evaluating state government interference with a private contract?
What standard of review do courts use in evaluating state government interference with a private contract?148For private contracts, what must a plaintiff show to establish that a state law violates the Contracts Clause found in Article I, § 10 of the U.S. ...
For private contracts, what must a plaintiff show to establish that a state law violates the Contracts Clause found in Article I, § 10 of the U.S. Constitution?149What is a substantial impairment of an existing private contract, for purposes of Contracts Clause analysis?
What is a substantial impairment of an existing private contract, for purposes of Contracts Clause analysis?150What is the unconstitutional conditions doctrine?
What is the unconstitutional conditions doctrine?151What is a bill of attainder?
What is a bill of attainder?152What is an ex post facto law?
What is an ex post facto law?153Does the Ex Post Facto Clause in Article I, § 9 of the U.S. Constitution prohibit the government from passing any law that has a retroactive effect?
Does the Ex Post Facto Clause in Article I, § 9 of the U.S. Constitution prohibit the government from passing any law that has a retroactive effect?154On a hot day, the state police discovered a commercial truck in a parking lot that had 20 women in the back in serious heat distress. Five of the w...
On a hot day, the state police discovered a commercial truck in a parking lot that had 20 women in the back in serious heat distress. Five of the women ultimately died. The women were being transported as part of a human-trafficking ring. The state police arrested two men on human-trafficking charges stemming from the incident. Facing public outrage over the incident, the state government passed a law that increased the sentences for human trafficking. In an attempt to make the law apply to the two traffickers who were just arrested, the law stated that increased sentences retroactively applied to all human-trafficking crimes that occurred in the last year as well as all future crimes.Does this law violate the Ex Post Facto Clause in Article I, § 9 of the U.S. Constitution?155What freedoms does the First Amendment guarantee?
What freedoms does the First Amendment guarantee?156What two guarantees does the First Amendment provide regarding religion?
What two guarantees does the First Amendment provide regarding religion?157Which two clauses in the First Amendment to the U.S. Constitution specifically protect religious rights?
Which two clauses in the First Amendment to the U.S. Constitution specifically protect religious rights?158Is religion, for First Amendment purposes, limited to faiths believing in a god or a supreme power?
Is religion, for First Amendment purposes, limited to faiths believing in a god or a supreme power?159What religious beliefs receive protection under the First Amendment?
What religious beliefs receive protection under the First Amendment?160What does the Free Exercise Clause prohibit federal and state governments from doing?
What does the Free Exercise Clause prohibit federal and state governments from doing?161Can a court interpret religious doctrine or rule on theological matters?
Can a court interpret religious doctrine or rule on theological matters?162A minister sought donations for the construction of a Bible-themed amusement park. However, instead of using the funds for the construction of the ...
A minister sought donations for the construction of a Bible-themed amusement park. However, instead of using the funds for the construction of the amusement park, the minister embezzled the funds for his personal use. Church members complained to the district attorney about the minister’s theft of the amusement-park construction fund. In response, the district attorney investigated and indicted the minister on charges of fraud and embezzlement. The minister argued that the charges should be invalidated because they violated his rights under the First Amendment’s Free Exercise Clause. Is the minister correct?163What standard of review do courts apply to neutral, generally applicable laws that unintentionally or incidentally burden or impede religiously-mot...
What standard of review do courts apply to neutral, generally applicable laws that unintentionally or incidentally burden or impede religiously-motivated conduct?164What standard of review do courts use for neutral state laws of general applicability that unintentionally burden the free exercise of religion?
What standard of review do courts use for neutral state laws of general applicability that unintentionally burden the free exercise of religion?165What standard of review do courts use for neutral federal laws of general applicability that substantially burden the free exercise of religion?
What standard of review do courts use for neutral federal laws of general applicability that substantially burden the free exercise of religion?166Does the Religious Freedom Restoration Act of 1993 protect the free exercise of religion by corporations from burdens imposed by the federal govern...
Does the Religious Freedom Restoration Act of 1993 protect the free exercise of religion by corporations from burdens imposed by the federal government?167What standard of review do courts use for targeted laws that intentionally and substantially burden the free exercise of religion?
What standard of review do courts use for targeted laws that intentionally and substantially burden the free exercise of religion?168Members of a religious group that practiced ritual animal sacrifice moved to a city. Other citizens complained to city officials. The city had a pr...
Members of a religious group that practiced ritual animal sacrifice moved to a city. Other citizens complained to city officials. The city had a preexisting animal-cruelty law. In the previous five years, no citations enforcing the law had been issued. In response to the complaints, the mayor and city council directed the animal-control department to visit the church regularly to look for possible violations. Animal-control officers began attending church services and issued multiple citations against the church for violating the animal-cruelty law. The reason for the city’s newfound interest in enforcing the law was the other citizens’ dislike of the religious group. The religious group filed a complaint alleging that the city’s targeted enforcement of a facially neutral law violated the group’s First Amendment right to freely exercise its religion.Is the group correct?169What is the ministerial exception to employment discrimination laws?
What is the ministerial exception to employment discrimination laws?170Is prohibiting the establishment of religion, or otherwise preserving the separation of church and state, a compelling government interest?
Is prohibiting the establishment of religion, or otherwise preserving the separation of church and state, a compelling government interest?171What does the Establishment Clause prohibit federal and state governments from doing?
What does the Establishment Clause prohibit federal and state governments from doing?172What does it mean, under the U.S. Supreme Court’s Establishment Clause jurisprudence, for challenged government action to have a secular legislativ...
What does it mean, under the U.S. Supreme Court’s Establishment Clause jurisprudence, for challenged government action to have a secular legislative purpose?173What does it mean, under the U.S. Supreme Court’s Establishment Clause jurisprudence, for the primary effect of the government action to advance or...
What does it mean, under the U.S. Supreme Court’s Establishment Clause jurisprudence, for the primary effect of the government action to advance or inhibit religion?174What does it mean, under the U.S. Supreme Court’s interpretation of the Establishment Clause, for a challenged government action to result in exces...
What does it mean, under the U.S. Supreme Court’s interpretation of the Establishment Clause, for a challenged government action to result in excessive entanglement with religion?175Can a government entity delegate governmental authority to a religious entity or church?
Can a government entity delegate governmental authority to a religious entity or church?176What three criteria do courts use in evaluating government action under the Establishment Clause?
What three criteria do courts use in evaluating government action under the Establishment Clause?177What is the endorsement test used by the U.S. Supreme Court in analyzing challenges under the Establishment Clause?
What is the endorsement test used by the U.S. Supreme Court in analyzing challenges under the Establishment Clause?178What criteria do courts consider in evaluating whether a government can erect a religious display?
What criteria do courts consider in evaluating whether a government can erect a religious display?179A city wanted to display works by a local artist in one of the city’s buildings. However, one of the paintings that would have been part of the dis...
A city wanted to display works by a local artist in one of the city’s buildings. However, one of the paintings that would have been part of the display was a painting of Christian icons Mary and baby Jesus. The city’s only purpose for displaying this painting would be to show off the local artist’s artistic abilities. A city official argued the city could display this religious-themed painting on public property without violating the Establishment Clause of the First Amendment to the U.S. Constitution.Would the display violate the Establishment Clause?180May public schools provide opportunities for prayer during the school day or at school-organized events?
May public schools provide opportunities for prayer during the school day or at school-organized events?181A public school wanted to adopt a policy of beginning each school day with a mandatory moment of silence.Does this proposed policy violate the Esta...
A public school wanted to adopt a policy of beginning each school day with a mandatory moment of silence.Does this proposed policy violate the Establishment Clause of the First Amendment to the U.S. Constitution?182A public high school had elected a student to a school-chaplain position, and the person holding that position delivered a prayer at the beginning ...
A public high school had elected a student to a school-chaplain position, and the person holding that position delivered a prayer at the beginning of every football game. However, after litigation was threatened, the chaplain position was abolished. Instead, the new school policy was to elect a student speaker to provide an invocation before every game. The school did not place any specific content-based restrictions on the speaker’s invocation message. The speaker could choose any material for the invocation. However, the school did not hold a new election for the student speaker that year. Instead, it made the previously elected student-chaplain the new invocation speaker. The student speaker chose to deliver a prayer for every pregame invocation.Did the public school district violate the Establishment Clause of the First Amendment to the U.S. Constitution under the endorsement test?183The state legislature hired and paid an official chaplain who delivered a non-denominational prayer at the opening of each daily session of the leg...
The state legislature hired and paid an official chaplain who delivered a non-denominational prayer at the opening of each daily session of the legislature. A member of the state legislature objected to this practice. The member sued, alleging that the practice lacked a secular purpose and violated the Establishment Clause of the First Amendment to the U.S. Constitution.Is the objecting member correct?184The state school board issued a binding directive to local public schools that all high-school biology classes must teach creation science. The dir...
The state school board issued a binding directive to local public schools that all high-school biology classes must teach creation science. The directive required teachers to instruct students that Charles Darwin’s theory of evolution had not been scientifically proven. A high-school biology teacher sued the state school board, alleging that the directive was an unconstitutional violation of the Establishment Clause of the First Amendment to the U.S. Constitution.Is the teacher correct?185What guarantees does the First Amendment provide regarding free expression?
What guarantees does the First Amendment provide regarding free expression?186What is a content-based regulation of speech?
What is a content-based regulation of speech?187What standard of review is applied to determine whether a content-based restriction of protected speech violates the Free Speech Clause of the Firs...
What standard of review is applied to determine whether a content-based restriction of protected speech violates the Free Speech Clause of the First Amendment to the U.S. Constitution?188Congress enacted a statute that required all cable channels featuring NC-17 rated content (i.e., indecent but not legally obscene content) to be au...
Congress enacted a statute that required all cable channels featuring NC-17 rated content (i.e., indecent but not legally obscene content) to be automatically segregated and blocked. Congress intended the law to protect minors from exposure to indecent content on television. To receive NC-17 rated channels, a cable-system subscriber needed to request access in writing. A cable subscriber sued to stop enforcement of the law, claiming it violated his right to freedom of expression under the First Amendment.Is the subscriber correct?189A state government wanted to pass a hostile-work-environment law. This proposed law would include provisions that made it illegal for a private cit...
A state government wanted to pass a hostile-work-environment law. This proposed law would include provisions that made it illegal for a private citizen to say things that made a work environment hostile in a discriminatory way. A state government employee argued it was possible to enact an anti-discrimination law that prohibited certain private speech without violating the Free Speech Clause of the First Amendment to the U.S. Constitution.Is the government employee correct?190Seeking to protect minors from exposure to sexually explicit materials, a state government made bookstores strictly liable if the store offered to ...
Seeking to protect minors from exposure to sexually explicit materials, a state government made bookstores strictly liable if the store offered to sell books to the public that were lewd or indecent. The law effectively outlawed the sale of lewd and indecent books that were lawful for adults but inappropriate for children. A bookstore sued to have the law invalidated. The bookstore claimed the law violated the Free Speech Clause of the First Amendment to the U.S. Constitution. Is the bookstore correct?191Finding that all contributions to terrorist organizations helped terrorism, Congress enacted a law that made it illegal to give material assistance...
Finding that all contributions to terrorist organizations helped terrorism, Congress enacted a law that made it illegal to give material assistance to a specific list of terrorist organizations. The definition of material assistance included providing training and giving expert advice to these organizations. The legislative history showed that Congress found that providing even seemingly benign or helpful training could free up resources within an organization to engage in other, more sinister activities. A private group traveled abroad and taught the members of a listed terrorist organization how to use international law to peacefully resolve disputes. The government filed charges, claiming that the group provided illegal material assistance to terrorists. The private group argued that the law was invalid because it violated the group’s free-speech rights.Is the private group correct?192Does the First Amendment generally protect intentionally false statements of fact?
Does the First Amendment generally protect intentionally false statements of fact?193What standard of judicial review applies to challenges that content-based regulations of the government’s speech violate the First Amendment to the...
What standard of judicial review applies to challenges that content-based regulations of the government’s speech violate the First Amendment to the U.S. Constitution?194What is a content-neutral regulation of speech?
What is a content-neutral regulation of speech?195Congress was concerned about the monopoly status of most cable-system operators. Specifically, Congress was concerned that this monopoly would cons...
Congress was concerned about the monopoly status of most cable-system operators. Specifically, Congress was concerned that this monopoly would consistently favor programming from affiliated cable stations over broadcast-television stations and cause the demise of broadcast programming. Free broadcast programming served an important public purpose. Accordingly, Congress enacted a law that stated, if a local broadcast-television station asked, then all cable systems must agree to carry that local broadcast station. A group of cable-system operators sued to invalidate the law. The group argued that the must-carry requirement violated the Free Speech Clause of the First Amendment because it compelled them to re-broadcast particular content against their wishes. Are the cable-system operators correct?196If a law’s purpose is to regulate conduct but it incidentally suppresses free speech, is it a content-based regulation of free speech?
If a law’s purpose is to regulate conduct but it incidentally suppresses free speech, is it a content-based regulation of free speech?197Can the government regulate the way that a traditional public forum is used to engage in a protected speech activity?
Can the government regulate the way that a traditional public forum is used to engage in a protected speech activity?198To improve how the city looked and to increase municipal pride, a city passed a law that prohibited posting any signs on public property.Does this ...
To improve how the city looked and to increase municipal pride, a city passed a law that prohibited posting any signs on public property.Does this law violate the Free Speech Clause of the First Amendment to the U.S. Constitution?199To secure privacy and the peaceful enjoyment of private homes, a city considered adopting an ordinance that prohibited all fixed protests or picket...
To secure privacy and the peaceful enjoyment of private homes, a city considered adopting an ordinance that prohibited all fixed protests or pickets in front of private residences. Protests and pickets would still be allowed in public areas and protesters would still be allowed to organize marches. However, under the proposed law, any protest in a fixed-location that was in front of a private residence would be illegal.If the city chooses to enact this law, would it violate the Free Speech Clause of the First Amendment?200A city government adopted regulations regarding the use of sound amplification for events in the main municipal park. These regulations stated that...
A city government adopted regulations regarding the use of sound amplification for events in the main municipal park. These regulations stated that anyone staging a live performance in the park must use a city employee to control the sound pollution for that live performance. A band was planning to stage a live performance in the park and objected to being forced to use the city’s sound technician. The band argued that this restriction on the band’s ability to perform the way it wanted violated the band’s First Amendment free-speech rights. Is the band correct?201What is a designated public forum?
What is a designated public forum?202Can a state limit or prohibit access to a designated public forum?
Can a state limit or prohibit access to a designated public forum?203Is all government-owned property a public forum of some kind under the First Amendment?
Is all government-owned property a public forum of some kind under the First Amendment?204What categories of speech are unprotected by the First Amendment?
What categories of speech are unprotected by the First Amendment?205What standard of review applies to determine if a content-based regulation of unprotected speech is constitutional?
What standard of review applies to determine if a content-based regulation of unprotected speech is constitutional?206Under what circumstances is speech advocating illegal conduct unprotected?
Under what circumstances is speech advocating illegal conduct unprotected?207What is a threat, for First Amendment purposes?
What is a threat, for First Amendment purposes?208A federal statute made it a crime to make threats against the life of the president of the United States. A disgruntled person called the official ...
A federal statute made it a crime to make threats against the life of the president of the United States. A disgruntled person called the official White House switchboard and said, “Just wanted to let you know that I am going to kill the President.” After tracing the call and identifying the caller, the Secret Service arrested the caller for making a threat against the life of the president in violation of the federal statute. The caller moved to dismiss the charges, arguing that his speech was fully protected by the First Amendment. Is the caller correct?209What is the fighting words doctrine?
What is the fighting words doctrine?210Does the First Amendment protect speech constituting defamation?
Does the First Amendment protect speech constituting defamation?211Does the First Amendment limit a person’s ability to pursue an otherwise valid libel claim?
Does the First Amendment limit a person’s ability to pursue an otherwise valid libel claim?212What test do courts use to define legally-obscene speech that can be outlawed by the government?
What test do courts use to define legally-obscene speech that can be outlawed by the government?213Is child pornography protected by the First Amendment?
Is child pornography protected by the First Amendment?214While executing a valid search warrant, police officers found large quantities of child pornography in the defendant’s home. These materials featur...
While executing a valid search warrant, police officers found large quantities of child pornography in the defendant’s home. These materials featured graphic depictions of actual children engaged in sexual activities. The district attorney charged the defendant with violating the state’s criminal ban on the possession of sexually-explicit photographs of actual minors. The defendant moved to have the charges dismissed, arguing that the First Amendment protected his right to own, possess, and view child pornography in his home.Does the law against violate the First Amendment?215What level of judicial scrutiny do courts apply to laws that discriminate amongst various categories of unprotected speech based upon their content?
What level of judicial scrutiny do courts apply to laws that discriminate amongst various categories of unprotected speech based upon their content?216For purposes of applying the Free Speech Clause of the First Amendment, what speech is considered commercial speech?
For purposes of applying the Free Speech Clause of the First Amendment, what speech is considered commercial speech?217A grocery-store chain took out newspaper advertisements to congratulate the state university’s championship-winning head coach on his induction int...
A grocery-store chain took out newspaper advertisements to congratulate the state university’s championship-winning head coach on his induction into the college-football hall of fame. The advertisement used the coach’s image without his permission. The coach sued the chain, alleging an infringement of his right of publicity. The chain argued that its advertisements were non-commercial speech that enjoyed full First Amendment protection. The coach argued that the advertisements were commercial speech that were less protected.Are the newspaper advertisements commercial speech?218For purposes of applying the First Amendment, is a statement by a corporation alone considered commercial speech?
For purposes of applying the First Amendment, is a statement by a corporation alone considered commercial speech?219A state government banned for-profit corporations from advertising or otherwise engaging in political advocacy relating to any state ballot initiat...
A state government banned for-profit corporations from advertising or otherwise engaging in political advocacy relating to any state ballot initiative within 30 days of a scheduled vote. Violations of the ban were punishable by criminal fines and imprisonment of the corporation’s officers. A corporation wished to engage in advocacy regarding a proposed change in the state’s minimum wage that would appear on the next general election ballot. The corporation sued to invalidate the law banning its political advocacy, arguing that the law violated the corporation’s right under the Free Speech Clause of the First Amendment to engage in non-commercial political speech. The state responded that the law was a valid regulation of commercial speech.For purposes of applying the First Amendment, does this statute regulate commercial speech?220What is the general test for determining if a governmental restriction on commercial speech violates the First Amendment to the U.S. Constitution?
What is the general test for determining if a governmental restriction on commercial speech violates the First Amendment to the U.S. Constitution?221A state legislature sought to prohibit the advertising of casino gambling. Commercial gambling operations were otherwise legal in the state. One st...
A state legislature sought to prohibit the advertising of casino gambling. Commercial gambling operations were otherwise legal in the state. One state legislator argued that the proposed law was a valid regulation of commercial speech.Is the state legislator correct?222To reduce visual clutter, a city passed a law that banned the placement of commercial signs on lawns. However, the law still allowed signs bearing ...
To reduce visual clutter, a city passed a law that banned the placement of commercial signs on lawns. However, the law still allowed signs bearing non-commercial messages to be placed on lawns. A resident wanted to place a sign on her lawn promoting her real-estate firm. The resident sued to invalidate the city law that prohibited placing commercial signs on residential property.Does the city’s law violate the First Amendment?223To avoid violating the First Amendment, what does a public school need to show to justify a regulation of student speech that occurs on public-scho...
To avoid violating the First Amendment, what does a public school need to show to justify a regulation of student speech that occurs on public-school campuses but not during an official school-sponsored activity?224What legal standard applies to regulation of a student’s speech while at an official public-school activity or event?
What legal standard applies to regulation of a student’s speech while at an official public-school activity or event?225A public high-school student gave a presentation at a high-school assembly. The presentation contained profanity and crude sexual innuendos. The sc...
A public high-school student gave a presentation at a high-school assembly. The presentation contained profanity and crude sexual innuendos. The school had a policy against using profanity and indecent speech at official school functions to maintain order in the school. After the speech, the principal suspended the student for 10 days and prohibited her from participating in the high school’s graduation ceremony. The student brought a lawsuit arguing that this discipline violated her First Amendment rights. The school argued that it had a right to discipline the student for giving a speech containing profane and indecent content at an official school assembly.Did the school have a right to discipline the student for giving this speech at an official school assembly?226Can the government make employment-related decisions regarding a low-level public employee based on the employee’s political-party affiliation?
Can the government make employment-related decisions regarding a low-level public employee based on the employee’s political-party affiliation?227What two things must be true about a public employee’s speech for the First Amendment to potentially prevent a government employer from disciplinin...
What two things must be true about a public employee’s speech for the First Amendment to potentially prevent a government employer from disciplining, discharging, or otherwise retaliating against that public employee for engaging in the speech?228A nurse at a county-owned hospital wrote a critical letter to the editor regarding a bond issue to fund a new dialysis center at the hospital. Afte...
A nurse at a county-owned hospital wrote a critical letter to the editor regarding a bond issue to fund a new dialysis center at the hospital. After the local newspaper published the letter, the hospital fired the nurse for insubordination. The hospital’s operations were unaffected by the publication of the letter. The nurse sued the hospital, claiming that the termination was an improper retaliation that violated the nurse’s First Amendment right to speak about the bond issue.Did the termination violate the nurse’s First Amendment rights?229May the government establish licensing or permitting requirements for certain types of expression that require the maintenance of public order?
May the government establish licensing or permitting requirements for certain types of expression that require the maintenance of public order?230If a broadcast radio or television station requires a government license to operate, can the government regulate that station’s programming content...
If a broadcast radio or television station requires a government license to operate, can the government regulate that station’s programming content without violating the First Amendment?231May the government deny benefits to an individual or organization based upon its beliefs?
May the government deny benefits to an individual or organization based upon its beliefs?232A private university wanted to ban military recruiters because the university advocated the peaceful resolution of disputes over the forceful resol...
A private university wanted to ban military recruiters because the university advocated the peaceful resolution of disputes over the forceful resolution of disputes. However, a federal law conditioned a university’s participation in federal student-aid programs on the university giving U.S. military recruiters the same access to the university’s students that the university gave to other employers trying to recruit students. The university refused to provide the military with access to its on-campus recruiting services, claiming it had a First Amendment right to express its views by excluding military recruiters. The government responded by terminating the university’s eligibility for the federal student-aid programs. Did the termination violate the First Amendment?233The federal government imposed a fee on the sale of cattle for slaughter. The Department of Agriculture created and placed print and broadcast adve...
The federal government imposed a fee on the sale of cattle for slaughter. The Department of Agriculture created and placed print and broadcast advertising that promoted the sale and consumption of beef. The cattle-sale fees collected by the federal government paid for these advertisements. A group of ranchers objected to being forced to fund this advertising campaign. The ranchers sued, arguing that the program violated the First Amendment because it forced the ranchers to pay for certain speech without their consent.Does this program violate the First Amendment?234Under what circumstances may the government restrict the speech of incarcerated persons?
Under what circumstances may the government restrict the speech of incarcerated persons?235What is expressive conduct?
What is expressive conduct?236Does conduct need to express a clear and particularized message to be protected under the First Amendment as expressive conduct?
Does conduct need to express a clear and particularized message to be protected under the First Amendment as expressive conduct?237What is the standard of review that is used to evaluate whether government regulations directed at controlling the content of expressive conduct vi...
What is the standard of review that is used to evaluate whether government regulations directed at controlling the content of expressive conduct violate the First Amendment?238What test applies to determine if a content-neutral law that indirectly burdens or prohibits expressive conduct violates the First Amendment?
What test applies to determine if a content-neutral law that indirectly burdens or prohibits expressive conduct violates the First Amendment?239Angered by U.S. foreign policy toward Cuba, a woman engaged in a tax protest and refused to pay her federal personal-income tax until the United St...
Angered by U.S. foreign policy toward Cuba, a woman engaged in a tax protest and refused to pay her federal personal-income tax until the United States normalized relations with Cuba. The woman explained her tax protest in a blog post. The Internal Revenue Service knew the woman. The woman explained that she was engaged in a tax protest, but the government told her she still must pay the full personal-income tax as well as interest and penalties for her willful failure to pay her taxes on time. The woman sued, arguing that the First Amendment prohibited the government from punishing her for speech activity.Does the woman have a First Amendment right to refuse to pay taxes?240To protest the plight of the homeless, a group camped in a municipal park. A local regulation provided that the public parks were open from 6:00 a....
To protest the plight of the homeless, a group camped in a municipal park. A local regulation provided that the public parks were open from 6:00 a.m. to 11:00 p.m. daily. The protest camping occurred seven days per week, 24 hours per day. The police arrested the protesters for violating the ordinance regulating the hours for municipal parks. The stated rationale for the hours was to avoid crime and vandalism in the park at night. The city had the constitutional authority to use its police powers to regulate the safety of its public parks. The protesters argued that the charges should be dismissed because their camping protest was expressive conduct protected by the First Amendment.Does the law restricting the park’s hours violate the First Amendment?241May a state regulate bias-motivated criminal conduct consistent with the First Amendment?
May a state regulate bias-motivated criminal conduct consistent with the First Amendment?242A defendant was convicted of intentionally selecting and assaulting a person because of the victim’s race. The state had a sentencing law that allo...
A defendant was convicted of intentionally selecting and assaulting a person because of the victim’s race. The state had a sentencing law that allowed a court to impose an enhanced criminal sentence if the underlying crime was motivated by a bias against people of the victim’s race or gender. At the defendant’s sentencing, the court applied the sentence-enhancement law to add two years to the defendant’s sentence. The defendant argued that the sentence-enhancement law violated the First Amendment by punishing offensive thoughts and, therefore, was invalid.Is the defendant correct?243Is a law that prohibits speech before any expression takes place presumptively unconstitutional?
Is a law that prohibits speech before any expression takes place presumptively unconstitutional?244To prevent litter, a city imposed a ban on both leafletting and distributing pamphlets in public areas.Does the city’s ban violate the First Amendm...
To prevent litter, a city imposed a ban on both leafletting and distributing pamphlets in public areas.Does the city’s ban violate the First Amendment?245A city council enacted a law regulating the use of the city’s parks for public protests. Under the law, to stage a protest within a city-owned park...
A city council enacted a law regulating the use of the city’s parks for public protests. Under the law, to stage a protest within a city-owned park, protest organizers needed to seek and obtain a permit from the city manager at least 48 hours before the protest would take place. The law also said that the city manager would have the sole discretion to decide whether to issue or deny a permit to stage a protest in a city-owned park.Does the law violate the First Amendment?246A whistleblower inside the U.S. Department of State unlawfully copied classified embassy communications and sent the copies to a major national new...
A whistleblower inside the U.S. Department of State unlawfully copied classified embassy communications and sent the copies to a major national newspaper. The federal government sued, seeking an injunction to stop the newspaper from publishing the materials. The federal government argued that publishing these documents could cause serious damage to the nation’s foreign relations.Can the federal government stop the newspaper from publishing this material?247A state university noted that the more controversial an on-campus speaker was, the greater the cost of providing security for that speaker. To help...
A state university noted that the more controversial an on-campus speaker was, the greater the cost of providing security for that speaker. To help cover these costs, the university adopted a sliding scale of fees for permits to sponsor on-campus events. As the risk of unrest or violence increased, the permit cost increased from $250 up to $25,000. The university claimed it could not afford to absorb the extra costs of maintaining order and protecting public safety for controversial speakers. A student group sought a permit for an appearance by a notoriously racist speaker. The university assessed the highest permit fee of $25,000. The student group sued, claiming that the differential-fee structure violated the First Amendment.Does this differential-fee structure violate the First Amendment?248If a statute is void for vagueness, what does the statute fail to do?
If a statute is void for vagueness, what does the statute fail to do?249Under what circumstances is a law unconstitutional under the First Amendment because it is overbroad?
Under what circumstances is a law unconstitutional under the First Amendment because it is overbroad?250Can a defendant challenge a law under the First Amendment doctrine of substantial overbreadth even if the law’s alleged overbreadth does not impact...
Can a defendant challenge a law under the First Amendment doctrine of substantial overbreadth even if the law’s alleged overbreadth does not impact the defendant’s own situation?251A state enacted a law prohibiting the “sale of dirty books.” A store owner was charged under the law for selling graphic magazines and books that m...
A state enacted a law prohibiting the “sale of dirty books.” A store owner was charged under the law for selling graphic magazines and books that met the legal test for obscenity. The store owner moved to have the charges dismissed, arguing that the state law was unconstitutional.Can the store owner have the law voided for being unconstitutionally overbroad?252What protections does the First Amendment afford the press?
What protections does the First Amendment afford the press?253A state passed a law governing daily and weekly newspapers. The law said that if the newspaper editorialized against a political candidate’s electi...
A state passed a law governing daily and weekly newspapers. The law said that if the newspaper editorialized against a political candidate’s election or endorsed a political candidate’s opponent, then, upon request, the newspaper must also publish a reply or rebuttal from the candidate. A daily newspaper objected to this mandatory-right-of-reply law and sued to stop its enforcement. The newspaper argued that the law unconstitutionally coerced speech by the press.Does the law unconstitutionally violate the freedom of the press?254Can a trial court close a judicial proceeding to the public, including the press?
Can a trial court close a judicial proceeding to the public, including the press?255Does the constitutional guarantee of freedom of the press prevent a state from imposing generally applicable taxes on the press?
Does the constitutional guarantee of freedom of the press prevent a state from imposing generally applicable taxes on the press?256Does the Press Clause in the First Amendment give news reporters the right to refuse to testify before a grand jury about confidential information ...
Does the Press Clause in the First Amendment give news reporters the right to refuse to testify before a grand jury about confidential information or a confidential source?257What are the three things that the First Amendment requires a public official or public figure plaintiff to show to recover damages for libel again...
What are the three things that the First Amendment requires a public official or public figure plaintiff to show to recover damages for libel against a member of the press?258What is the freedom of association?
What is the freedom of association?259Does the text of the U.S. Constitution provide express protection for the freedom of association?
Does the text of the U.S. Constitution provide express protection for the freedom of association?260Under the First Amendment’s protection for the freedom of association, what does a private club need to show to exempt the club’s membership decisi...
Under the First Amendment’s protection for the freedom of association, what does a private club need to show to exempt the club’s membership decisions from the reach of non-discrimination laws?261A city adopted an ordinance prohibiting all public accommodations from discriminating on the basis of gender. A public accommodation was defined as...
A city adopted an ordinance prohibiting all public accommodations from discriminating on the basis of gender. A public accommodation was defined as all entities open to the general public. A private club had a large, all-male membership. Any male 30 years or older was allowed to join the club. The club’s primary purpose was to promote the community through various kinds of civic engagement. The city’s human-rights commission threatened to file charges against the club for discriminating against potential female members on the basis of gender. The private club sued to stop the city, arguing that the application of the non-discrimination ordinance violated its right to freedom of association.Does the ordinance violate the club’s freedom of association?262What does a group need to show to establish that being forced to publicly disclose its members’ identities would violate the constitutional freedom...
What does a group need to show to establish that being forced to publicly disclose its members’ identities would violate the constitutional freedom of association?263A state adopted a new campaign-finance-reform law. Under this law, if an organization engaged in supporting or opposing federal, state, or local ca...
A state adopted a new campaign-finance-reform law. Under this law, if an organization engaged in supporting or opposing federal, state, or local candidates, then the organization needed to file a report with the Secretary of State listing all expenditures of $2,500 or more. A political group supported candidates who embraced sometimes extreme and unpopular economic and social policies. This group objected to submitting the required report. Under the law, if a vendor provided services to the group, then the vendor’s name would be publicly linked to the group in the report. The group feared that vendors would refuse to provide services to the group to avoid being publicly associated with this unpopular political group.Can the disclosure law be constitutionally applied to the group?