Constitutional Law Tests

Front 1

Limited or designated public forum doctrine

Back 1

once the place is made available to a certain type of expressive activity similar forms of expression may not be foreclosed unless-
1) substantial gov. interest involved

2) that it is unrelated to the content of the speech and

3) restriction is no greater necessary to accomplish the governmental objective.

Front 2

describe when an individual may engage in expressive activity at a privately owned shopping center

Back 2

there is no 1st Amendment right to engage in expressive activity at a private party premises.

However, a state may authorize expressive activity at a privately owned shopping center, provided that it does does not unreasonably interfere w/ the normal operation of the the premises.

Front 3

free exercise clause

Back 3

A persons religious beliefs are absolutely protected, whereas conduct in furtherance of those believes may be regulated. Gov. regulation that burdens free exercise rights many not be religiously motivated.

Where a law purposely interferes w/ religious practices-SS. If its a neutral and general applicable law that creates merely an incidental burden-no violation of the free exercise clause.

Front 4

test: when gov. action violates the establishment clause

Back 4

1) It has a secular Purpose

2) the primary effect neither advances nor inhibits religion

3) It will not result in excessive entanglement

Front 5

Extent to which gov. action may limit a private entity expressive activities

(ex. nude dancing)

Back 5

Government Action that is content neutral, and regulates expressive activity in other than an incidental manner must:

1) serve a substantial purpose
2) be narrowly drawn and
3) not unreasonably limit alternatives avenues of communication

Front 6

Q: describe when gov. financial assistance to private, religious schools violates establishment clause

Back 6

A: where gov. aid benefits private religious schools in an indirect manner and does not require constant monitoring.

Front 7

Traditional public forum doctrine

Back 7

traditional public forums must be made available to persons wishing to communicate their views. Access may however be subject to reasonable time, place and manner restrictions.

Gov. regulation must be
-content neutral
-narrowly tailored ot serve a sign. gov. interest
-leave open alternative channels of communication

Front 8

fighting words

Back 8

fighting words doctrine allows governments to prohibit speech, which by its very utterance, would have a direct tendency to incite an immediate, violent response by the person to whom the words are addressed.

Front 9

Advocacy of illegal conduct

Back 9

the advocacy of illegal conduct as means of accomplishing political or social objectives can be made criminal if:

1) it was intended to incite imminent unlawful conduct and
2) it was likely to produce that result.

Front 10

Obscenity

Back 10

Material is obscene when

1) taken as a whole, to the average person, it appeals to the purient interest in sex
2) portrays sexual conduct in pately offensive way
3) Lacks serious literary, artistic, political, or scientific value

Front 11

Defamation

Back 11

1) Public figure/public official: malice (knowledge that the publication was inacurate or reckless disregard)

2) Private Person-matter of public concern: compensatory damages can be recovered if defamatory statemetn was i) false ii) made in at least a negligent manner. Presumed/punitive damages require malice.

3) Private person/private concern: presumed/punitive damages can be recovered w/out malice. Compensatory damages-most states require at least negligence.

Front 12

Describe when a person may disobey a court order n the ground that it infringes freedom of speech

Back 12

A person may escape contempt if:
1) The order was transparently invalid or had only a frivolous pretense to validity OR

2) it was not possible for the person to obtain prompt judicial review

otherwise a person can be held for comtempt evne if the order is ultimately held invalid. Unconstitutional order must be challenged through appeal

Front 13

Obverbreadth Doctrine

Back 13

A statute that is substantially overbroad on its face is void, unless

1) a constitutionally curative interpretation of the law is made prior to the D's trial. AND
2) such as construction was reasonably foreseeable.

Front 14

Vagueness Doctrine

Back 14

a statute is facially vague when a person of ordinary intelligence would, even with knowledge of the law, be uncertain as to wether contemplated conduct was proscribed or not.

Facially vague statute cannot serve as the basis for gov. action, unless
1) it is subsequently interpreted in a constitutionally proper manner AND
2) the party affected by the law had reason to anticipate the curative interpretation.

Front 15

When affirmative action does not violate equal protection

Back 15

Subsject to SS

Maybe be upheld only if they:
1) are aimed at remedying the effects of the past, purposeful discrimination
against a particular group

AND 2) do not unduly deprive innocent person of opportunities.

Front 16

Damages in Defamation-what type are required?

Back 16

1) General damages (presumed damages for reputation harm, emotional, and economic harm) and

2) Special Damages: economic damages that must be proven for slander (that do not qualify under slander per se)

Front 17

Congress plenary power over immigration, naturalization and citizenship

Back 17

congress has plenary power to determine
1) standard pursuant to which aliens may be admitted into or remain w/in the US
2) process of naturalization and standards to which US citizenship may be lost or aliens deported.

Front 18

Tort of False light

Back 18

One who gives publicity to a matter concerning another that place the other before the public in a false light is subject to liability to the other for invasion of privacy if

1) the false light in which the other was placed would be highly offensive to a reasonable person and

2) the actor had knowledge or acted w/ reckless disregard