ALL Const. Helix BBQs

Under what circumstances, if any, will a tax on the press be subject to strict scrutiny?

B.Where the tax is based on viewpoint or content.

Court orders barring attorneys and litigants from speaking about litigation matters to the press are subject to what standard of review?

C.Strict scrutiny..

A court closes a portion of a criminal proceeding to the press and the public, and a First Amendment challenge is filed.

What standard of review will apply?

B.Strict scrutiny.

All the factors below may be considered in determining whether there is access to a particular aspect of a criminal proceeding, except which?

A.The right of the defendant to privacy.

All the following statements about the First Amendment and the press are accurate, except which?

C.Print media, radio, and television are regulated identically under the First Amendment.

Which of the following is most likely to be found unconstitutional on First Amendment grounds?

C.A statute providing a right of reply to political candidates for newspaper editorials.

What special First Amendment protection, if any, do reporters have under a “reporter’s privilege”?

D.None; there is no special First Amendment protection given to reporters.

 In what sector, if any, is the press entitled to greater access than the general public?

D.The press generally does not have any greater access than the general public.

 Which of the following types of media is subject to the greatest government regulation?

C. Radio

All the following are constitutional requirements for a defamation claim against a public official or public figure, except which?

A.The statement at issue specifically names the plaintiff.

Under which circumstance below would the First Amendment be implicated in a defamation claim?

D.Where the statement at issue relates to a matter of public concern.

For purposes of defamation, which statement below would be unlikely to relate to a matter of public concern?

B.A statement relating to financial information about a company in bankruptcy.

 How is “actual malice” defined, for purposes of a defamation claim against a public official?

D.Either knowledge that the statement was false or reckless disregard as to its truth or falsity.

 Which statement below accurately describes the constitutional requirement of falsity for defamation?

B.Where the plaintiff is a public figure, the plaintiff has the burden of proving the falsity of the statement.

Would a published parody of a public figure, portraying him as a drunk and an adulterer, likely give rise to an actionable claim for intentional infliction of emotional distress?

B. No, because the First Amendment requires a showing of actual malice and falsity of a statement.

 What, if anything, must a plaintiff show to be entitled to punitive damages with respect to a defamation lawsuit suing over a matter of public concern?

A.That the defendant made the statement at issue with actual malice.

A private organization that promotes white supremacy excludes from membership those it does not regard as “white.”

If the membership restriction is challenged in court as violating a state antidiscrimination law, what is the likely outcome?

A.The membership restriction will be allowed to stand on First Amendment grounds.

 A state law requires all political parties active in the state to disclose their membership lists, without exception.

If this requirement were challenged, what standard of review would likely be used to determine its constitutionality?

D.Strict scrutiny.

On what basis, if any, may a person be denied public employment based on her membership in an organization?

C.On the basis that the organization is a subversive group and the person intends to further its illegal goals.

Is a state requirement that all state license plates bear the state motto likely to implicate free speech protection under the First Amendment?

B.Yes, because the state is compelling specific speech.

A municipal ordinance bans the placement of any political sign without a permit.

If the ordinance is challenged on First Amendment grounds, what standard of review will be used to evaluate its constitutionality?

A.Strict scrutiny.

Which of the following statements accurately reflects the treatment of hate speech under the First Amendment?

D.A state law prohibiting insults based on race, religion, or gender would be subject to strict scrutiny.

A statute restricts the time and place of speech in a traditional public forum in a content-neutral way.

What standard of review will apply if a First Amendment challenge is brought against the statute?

C.Intermediate scrutiny.

 An ordinance requires all canvassers to register their identities with the municipality before they may go door-to-door.

C. No, because there is a constitutional right to anonymous speech.

 A state has traditionally allowed residents to rent classrooms in a public school building to hold after-hours meetings. The state adopts a new policy disallowing this practice, and a resident files suit alleging that the new policy violates her First Amendment rights.

Which statement below best describes how the court is likely to analyze this challenge?

A.The building is a limited or designated forum that the state is entitled to close.

 All the following are elements of the constitutional test for obscene expression, except which?

B.The material contains nudity.

Which statement below accurately describes the treatment of child pornography under the First Amendment?

B.The government may punish persons for possessing child pornography in their own homes.

 

9. All the following could be entitled to First Amendment protection, except which?

A.A state-issued license plate bearing a Confederate flag.

Which of the following accurately describes the “fighting words” exception to First Amendment expression?

C. It applies only where there is a face-to-face interaction.

 Government regulation of commercial speech is subject to what standard of review, if any?

B.Intermediate scrutiny.

Which of the following statements accurately describes a public school’s ability to infringe on the free expression of students?

C.Schools may sanction students for speech encouraging the use of illegal drugs.

Under what circumstances will a public employee’s expression be entitled to First Amendment protection?

D.Where she expresses herself as a member of the public on a matter of public concern.

A state law requires public employees to pay the union an “agency fee,” even if the employees choose not to join the union.

If the law is challenged on First Amendment grounds, what is the most likely outcome?

C.The law will be struck down, using the exacting scrutiny standard.

Public employees can be required to take a loyalty oath in all the following situations, except which?

D.Where the oath is that they are not members of the Communist party.

Regulations limiting what a person may contribute to a political campaign are generally subject to what standard of review?

B.Exacting scrutiny.

 Immediately after taking office, the newly elected state district attorney dismisses all current state assistant district attorneys who do not belong to his political party.

If the dismissals are challenged under the First Amendment, are the dismissals likely to be upheld?

D. No, because the employees have a First Amendment right to belong to a political party and retain their employment.

What standard of review would apply to a First Amendment challenge to a government regulation of expressive conduct in a way that places an incidental burden on speech?

A.Intermediate scrutiny.

What standard of review would apply to a First Amendment challenge to a government action to stop the media from publishing certain information?

C.Strict scrutiny.

Which of the following statements regarding the religion clauses of the First Amendment is correct?

C.Requiring a government official to take a simple oath that she “believes in God” would violate the free exercise clause.

Are displays of religious symbols on public land generally permitted under the establishment clause?

A.Yes, so long as religion is not favored.

Which of the following describes the “ministerial exception” in the context of the free exercise clause?

A.Religious institutions may be exempt from neutral laws that would infringe on their First Amendment rights.

A state passes a law that is neutral on its face but affects religious practice.

If the law is challenged on First Amendment grounds, what standard of review will apply?

D.Rational basis.

The two privileges and immunities clauses in the Constitution protect the rights of all the below, except which?

A.Corporations.

To conserve natural resources, a state passes a law requiring nonresidents to pay a higher rate than residents to obtain a recreational fishing license.

Does the law violate Article IV’s privileges and immunities clause?

C. No, because recreational fishing is not a fundamental right or important economic activity.

In modern times, the 14th Amendment’s privileges or immunities clause is most commonly applied in connection with which of the following?

B.Durational residency requirements.

The constitutional provisions below all provide protection against retroactive government action, except which?

A.The privileges and immunities clause.

Which of the following is generally required to establish that a law violates the contracts clause (Art. I, § 10)?

B.The law operates as a substantial impairment of a contractual relationship.

 All the following are necessary for a government action to be unconstitutional as ex post facto, except which?

A.The government action must be enacted after the expiration of the applicable limitations period.

A state enacts a new law retroactively changing the requirements for having a person involuntarily committed to a mental institution.

If the state then initiates commitment proceedings against persons for past acts that did not qualify under the previous statute, will an ex post facto challenge to the law likely be successful?

B. No, because the law is not criminal in nature.

A state regulation requires that all future maintenance contracts for state parks must include a liquidated damages clause.

If a challenge to this regulation is brought under the contracts clause (Art. I, § 10), will the challenge be heard?

D. No, because the regulation affects only future contracts.

All the following are requirements for establishing that a government action violates the prohibition against bills of attainder, except which?

D.The government action is unsupported by any rational basis.

The two privileges and immunities clauses in the Constitution protect the rights of all the below, except which?

A.Corporations.

Solution: The correct answer is A.

Answer option A is correct. Neither corporations nor noncitizens are “citizens” entitled to protection under the Constitution’s privileges and immunities clauses.

To conserve natural resources, a state passes a law requiring nonresidents to pay a higher rate than residents to obtain a recreational fishing license.

Does the law violate Article IV’s privileges and immunities clause?

C. No, because recreational fishing is not a fundamental right or important economic activity.

Solution: The correct answer is C.

Answer option C is correct. Article IV’s privileges and immunities clause protects the rights of state citizenship, which are general rights that implicate the right to travel between states. The right is limited to interests that are considered fundamental. This includes essential economic activity, such as the right to earn a livelihood. Since the license here is recreational in nature, Article IV is not implicated. Answer options A and D are incorrect because substantial justification - which implies that no less restrictive means are available - is only required when a privilege and immunity of state citizenship has been identified.

In modern times, the 14th Amendment’s privileges or immunities clause is most commonly applied in connection with which of the following?

B.Durational residency requirements.

Solution: The correct answer is B.

Answer option B is correct. In modern times, the most common application of the 14th Amendment’s privileges or immunities clause is in connection with durational residency requirements (e.g., welfare regulations that cap payments for new residents).

The constitutional provisions below all provide protection against retroactive government action, except which?

A.The privileges and immunities clause.

Solution: The correct answer is A.

Answer option A is correct. Three important protections in the Constitution against retroactive government action are: the contracts clause (Art. I, § 10); the prohibitions against ex post facto laws (Art. I, §§ 9, 10); and the bill of attainder clauses (Art. I, §§ 9, 10).

Which of the following is generally required to establish that a law violates the contracts clause (Art. I, § 10)?

B.The law operates as a substantial impairment of a contractual relationship.

Solution: The correct answer is B.

Answer option B is correct. A party challenging a state law or regulation on the basis of the contracts clause must show that the law has in fact operated as a substantial impairment of a contractual relationship.

 All the following are necessary for a government action to be unconstitutional as ex post facto, except which?

A.The government action must be enacted after the expiration of the applicable limitations period.

Solution: The correct answer is A.

Answer option A is correct. A law or regulation is ex post facto if it retroactively imposes punishment for past conduct that was lawful when it occurred. Although a law or regulation enacted following expiration of the limitations period may violate the ex post facto clause if it is applied to revive a time-barred prosecution, that is merely an example of an ex post facto law or regulation, not a necessary component.

A state enacts a new law retroactively changing the requirements for having a person involuntarily committed to a mental institution.

If the state then initiates commitment proceedings against persons for past acts that did not qualify under the previous statute, will an ex post facto challenge to the law likely be successful?

B. No, because the law is not criminal in nature.

Solution: The correct answer is B.

Answer option B is correct. The prohibition against ex post facto measures applies only to laws that are criminal in nature. Such measures alter the definition of criminal conduct, lower the evidentiary standard to prove it, or increase the punishment for it. Statutes that cover civil liability may be applied retroactively without violating the ex post facto clause (although they may violate due process).

A state regulation requires that all future maintenance contracts for state parks must include a liquidated damages clause.

If a challenge to this regulation is brought under the contracts clause (Art. I, § 10), will the challenge be heard?

D. No, because the regulation affects only future contracts.

Solution: The correct answer is D.

 

Answer option D is correct. The threshold step for a contracts clause claim is that there must be a preexisting contract. A regulation that affects future contracts cannot be challenged under the contracts clause.

All the following are requirements for establishing that a government action violates the prohibition against bills of attainder, except which?

D.The government action is unsupported by any rational basis.

Solution: The correct answer is D.

Answer option D is correct. Bills of attainder are legislative or regulatory acts that single out specific individuals for punishment without a judicial proceeding.

Which of the below is an accurate statement about takings pursuant to the Fifth Amendment?

C.The temporary physical occupation of private property by the government may qualify as a taking.

Which scenario below is NOT likely to satisfy the public-use requirement for a Fifth Amendment taking?

B.A municipality conditioned its approval of issuing a building permit to a storeowner on the storeowner’s placing a statue of the current mayor, his former political opponent, inside his store.

Which of the following is an accurate statement about “just compensation” under the Fifth Amendment’s takings clause?

C.The just compensation for a government taking could be nothing.

If a question involves a govt. taking of private property, what analysis is required to determine if the taking is constitutional?

3-Part Analysis: To determine if a taking is constitutional, ask:

1. Has there been a taking?

2. Is the taking for public use?

3. Is just compensation paid?

How is the constitutional right to equal protection of the laws applicable to the federal government?

C.Through the Fifth Amendment’s due process clause.

 For purposes of an equal protection challenge, what standard of review would apply to a state law requiring that police officers be citizens?

D.Rational basis.

For purposes of an equal protection challenge, what standard of review would apply to a public university’s admissions policy giving preference to women to accomplish diversity goals?

C.Intermediate scrutiny.

A municipality denies a permit to a soup kitchen as a way of getting back at homeless campaigners for their political efforts to unseat local officials.

If an equal protection challenge is brought, is the court likely to find that the municipality’s action is unconstitutional?

D.Yes, because the denial of the permit was done out of spite.

Which of the following is NOT a requirement for remedying past discrimination to constitute a compelling interest for equal protection purposes?

A.The past discrimination must be present nationwide in a specific sector or industry.

 

 All the following have been recognized as compelling government interests for purposes of satisfying equal protection strict scrutiny, except which?

D.Income equality.

Which of the following is an accurate statement about the constitutionality of increasing diversity in public education through race-based classifications?

C.A public university's admissions program is unlikely to survive strict scrutiny if it employs broad racial preferences, but the university may consider how an applicant's race has affected his or her life..

Which of the following voting laws is most likely to be struck down on equal protection grounds?

C.A law requiring a nominal fee for voting.

How is a court most likely to rule on a constitutional challenge to a state law restricting the right to vote to citizens 21 years of age or older?

C.Strike down the law as violative of the 26th Amendment.

An equal protection challenge to a state residency requirement for obtaining welfare benefits will likely be subject to what standard of review?

A.Strict scrutiny, because the classification involves the fundamental right to interstate travel.

Which of the following illegitimacy classifications is most likely to pass constitutional muster?

D.A law prohibiting illegitimate children from being considered a “child” for purposes of estate distribution unless paternity was adjudicated during the father’s lifetime.

A state statute mandates retirement at age 70 for certain state employees.

B.The statute furthers a legitimate government interest, and a reasonable relationship between the mandatory retirement age and that interest exists.

The classifications below are all subject to rational basis review, except which?

C.National origin.

Which of the following individuals could the president pardon through an exercise of the pardon power (Article II, § 2)?

B.A person who has been accused of a federal offense but has not yet been brought to trial.

Who has the power to appoint inferior officers of federal departments, and how is this determined?

A.Congress makes the determination, and it may grant this power to the president, the courts, or the department heads.

Article II, § 2  places who as the commander in chief of the Army and Navy?

C. It establishes civilian control of the military.

The president issues an executive order seizing the nation’s private steel mills to prevent a strike that might affect national security during a concurrent military conflict where Congress has not declared war. Several years earlier, Congress had considered and rejected proposals to give the President powers to seize industrial plants to avert a shutdown where the "health or safety" of the nation was endangered. However, Congress had not passed formal legislation that explicitly negated such presidential authority.

Which of the following best explains why such an executive order would be unconstitutional?

D.Executive acts contrary to congressional action are limited to those authorized by the Constitution and not subject to congressional power.

Which of the following statements about treaties is accurate?

B.The president can withdraw from a treaty without the consent of Congress.

Who is responsible for negotiating treaties on behalf of the United States?

A.The president, only.

A successful claim for denial of an individual’s constitutional rights generally requires that the defendant be which of the following?

A.A state actor.

In which situation below may the activity of a private business be considered state action?

C.Where the government appears to endorse the business activity.

Which of the following private entities may be subject to a claim for denial of an individual’s constitutional rights?

B. Company -owned towns.

 A private attorney exercises a peremptory challenge to exclude a potential juror at trial.

If the judge excuses the potential juror, would this be considered state action?

D.Yes, because the attorney’s use of the peremptory challenge was enforced by the judge.

Which of the rights below is not applicable to the states?

C.The Seventh Amendment right to a jury trial in civil cases where the value in controversy exceeds $20.

To which of the below does the “incorporation doctrine” refer?

A.The application of rights in the Bill of Rights to the states through the 14th Amendment.

A criminal law can be void for vagueness under which of the following circumstances?

C. It does not give an average person fair notice of what conduct is prohibited.

Which of the following situations may give rise to a violation of due process?

D.A state-mandated, nonwaivable fee to commence divorce proceedings.

If a business owner challenges a statewide minimum wage law as a violation of substantive due process, which of the following is the most likely result?

B.The challenge likely will fail because the law is an economic regulation.

Which of the following restrictions on the right to marry would be most likely to survive a substantive due process challenge?

B.A law excluding marriage between persons who are closely related.

Where a state action impinges a fundamental right, what standard of review will the court typically use?

A.Strict scrutiny.

Which of the following accurately states a fundamental right under due process?

C.Parents have a right to obtain education of their children in a language of their choosing.

 The following are considered fundamental rights for purposes of due process, except which?

D.The right to education.

Which of the following is a fundamental right for purposes of due process?

B.The right to contraception.

Which of the following describes the procedural due process required before parental rights can be terminated?

A.An evidentiary hearing at which clear and convincing evidence must be produced.

What is the initial question that a court will determine when considering if an individual has received procedural due process with respect to a particular right?

B.Whether the right at issue concerns a protected life, liberty, or property interest.

Which of the following is an accurate statement about procedural due process in the context of establishing paternity?

B.A preponderance of the evidence is required to establish paternity.