Explain the concept of prior restraint and provide at least two examples of government
use of prior restraint.
Describe the trimester framework that Blackmun outlined in his majority opinion in
Roe v. Wade (noting when, if ever, it allowed states to regulate abortion).
Which justice could not define obscenity but knew it when he/she saw it?
A. O”Connor
B. White
C. Powell
D. Stewart
What statement best describes the Court’s decision in Brewer v. Williams?
A. The legal definition of interrogation is confined to question and answer periods at a
police station.
B. Police do not have to read Miranda rights when interrogating a suspect at his/her
home.
C. Any attempt to obtain incriminating statements from a suspect in custody requires
Miranda warnings.
D. Miranda warnings are required even if a suspect voluntarily shows up at a police
station.
In Morse v. Frederick the Court decided:
A. Schools may ban speech that may reasonably seem to promote drug use.
B. Schools may not ban speech that may reasonably seem to promote drug use.
C. Schools must allow speech that may reasonably seem to promote drug use but may
ask the students to carry out their speech away from the public eye.
D. Schools may not suspend students for speech that may reasonably seem to promote
drug use but they may ask them to leave school grounds during rallies.
_____Buckley v. Valeo set the GENERAL standard that:
A. The government may limit campaign contributions but not spending
B. The government may limit campaign spending but not contributions
C. The government may regulate both campaign spending and contributions
Which statement best describes the Supreme Court’s decisions in cases involving state
funding of abortions?
A. The court has consistently ruled that states must fund abortions in the first trimester
if the mother cannot afford it.
B. The court has consistently ruled that states have no obligations to fund abortions.
C. The court originally ruled states must fund abortions, but has since overruled its past
decision.
D. The court has yet to hear a case involving funding restrictions on abortions.
With the Religious Freedom Restoration Act, Congress:
A. Made it more difficult for government agencies to impose restrictions on religious
practices
B. Made it easier for government agencies to impose restrictions on religious practices
Which of the following statements best describes the Supreme Court’s decision in
Oregon v. Mitchell (note that the decision occurred before the 26th Amendment was
passed)?
A. Congress has the power to set a minimum age for voting in federal elections but not
for state and local elections.
B. Congress has the power to set a minimum age for voting in all elections.
C. Congress does not have the power to set a minimum age for voting in any elections.
D. Congress has the power to set a minimum age for voting in state and local elections,
but not in presidential elections.
Rosenbloom extended the New York Times test to include:
A. All matters of public interest
B. All public officials
C. All private citizens
D. All public figures
Gitlow v. New York incorporated which of the following?:
A. The Freedom of Speech and Press
B. The Freedom of Assembly
C. The Freedom of Petition
D. The Establishment of Religion
The major change in the Court’s Establishment Clause cases ushered in by Walz v. Tax
Commission of the City of New York dealt with:
A. The Court focused on the legitimate secular purpose of a law
B. The Court focused on the primary effect of the law on religion
C. The Court focused on the excessive entanglement of a law with religion
565 U.S. (2012)
Relevant Case Fact:
Hosanna-Tabor Evangelical Lutheran Church operates a small school offering a
“Christ-centered education” for children in kindergarten through eighth grade. Its
teachers may “called,” which means they were invited to their vocation by God through
a congregation and therefore deemed ministers. Alternatively, the school hires “lay”
teachers which means they are not deemed ministers. Cheryl Perich began at
Hosanna-Tabor as a lay teacher but was soon called. Unfortunately, she took a leave of
absence for narcolepsy, and when she came back was asked to resign. She refused and
threatened to sue, at which but the church terminated her contract. Perich filed a claim
with the EEOC, claiming her dismissal was retaliation for having made the claim.
Ultimately, Perich, in conjunction with the EEOC filed suit against the church for
violating the American with Disabilities Act.
Issue: Do the Establishment and Free Exercise Clauses of the First Amendment bar
employees who have been wrongfully terminated to sue their employers for
reinstatement and damages when the employer is a religious group and the employee is
one of the group’s ministers?
Duncan v. Louisiana incorporated which of the following?:
A. The Right to counsel
B. The Right to a speedy trial
C. The Right Jury
D. The Right to confront witnesses
Explain the standard the Court set out for determining prior restraint in Near v.
Minnesota.
In Barron v. Baltimore the Court ruled that:
A. The Bill of rights was intended to protect people from abusive state and federal
government actions.
B. The Bill of Rights was intended only to protect the people against abusive actions of
the federal government.
C. The Bill of rights was not intended to protect people from any abusive government
actions.
D. None of the above
E. All of the above
In Salerno the Court:
A. Denied all bail requests
B. Struck the Bail Reform Act which allows judges to deny bail to certain defendants
C. Upheld the Bail Reform Act which allows judges to deny bail to certain defendants
D. Ruled the all defendants should be afforded bail in every case.
______________ invalidated taxes on the privilege to vote in state and local elections?
A. The Voting Rights Act of 1965
B. The 15th Amendment
C. The 24th Amendment
D. The Court’s decision in Harper v. Virginia State Board of Elections
Brewer v. Williams set the standard that:
A. Interrogations are not confined to the traditional question and answer session in a
police interrogation room.
B. Interrogations are confined to the traditional question and answer session in a police
interrogation room.
C. Miranda warnings do not have to be given under any conditions.
D. None of the above.
Despite the Court’s seemingly unlimited power of judicial review there are limits to this
power. How does the Court’s jurisdiction constrain its power? The Court is also
constrained because it cannot hear a case if it is not justiciable. Explain when a case is
justiciable, and cite cases we have read to support your argument. Finally, is
justiciability a constraint on the Court? Why or why not?
Answer:*a. varies
Potter Stewart has noted that he does not know how to define obscenity but he knows it
when he sees it. The Court has obviously taken a different view, and has tried to define
what is obscene and what is not. Trace the history of obscenity standards as they have
changed between Roth and Miller. Along with explaining how overall doctrine changes
between these cases, you should look at several specific issues. First, explain the
specific changes in the definition of obscenity. Second, consider the evolution of what a
“community” is according to the Court. Third, discuss the evolution of who must be
affected in order for a work to be considered obscene (i.e., children, adults, specific
groups, etc.). Finally, explain the distinction between obscenity being “utterly without
redeeming social value” and a work that lacks “serious artistic, political, or scientific
value.”
In Planned Parenthood v. Casey, what provision of the Pennsylvania statute was ruled
an “undue burden” and thus invalidated?
A. Informed consent
B. Parental consent for minors
C. Recordkeeping for health purposes
D. Spousal notification
Compare the approach taken by Justice Frankfurter and Justice Douglas on the first
amendment.
Explain the reasoning Justice Black gives for his statement, “I must conclude that the
Fourth Amendment simply does not apply to eavesdropping,” in his Katz v. United
States dissent.
Discuss three legal victories Jehovah’s witnesses have won at the U.S. Supreme Court.
Which of the following statements is not true?
A. The Supreme Court has ruled that less than unanimous verdicts violate the Sixth
Amendment.
B. The Supreme Court has ruled that juries can be smaller than 12 people.
C. The Supreme Court has ruled that it violates the Constitution to intentionally
eliminate prospective jurors based solely on race.
D. The Supreme Court has ruled that it violates the Constitution to intentionally
eliminate prospective jurors based solely on gender.
In what case did the Supreme Court’s majority opinion reject Roe’s trimester
framework?
A. Planned Parenthood v. Casey
B. Akron v. Akron Center for Reproductive Health
C. Webster v. Reproductive Health Services
D. The trimester framework has not been rejected.
Detail two of the arguments of Chief Justice Rehnquist in his majority opinion in favor
of Missouri in Cruzan v. Director, Missouri Department of Health.
Why should the Supreme Court pay attention to the preferences of the president?
A. The president enforces the decisions the Court makes.
B. The president can yell at the justices during the State of the Union address.
C. The president can veto decisions he does not like.
D. None of the above.
Define what is meant by incorporation.
Answer:*a. varies
All of the following are exceptions that may allow the government to invoke prior
restraint EXCEPT:
A. The protection of national security
B. The protection of the president’s reputation
C. The prohibition of obscene materials
D. The prohibition of expression that may incite violence
Will Bush v. Gore be used as precedent in the future? Why or why not?
How have states and local governments dealt with ensuring that kids are not exposed to
inappropriate movies, television shows, music, and video games? Has this strategy been
effective?
What rationale did the Court use to support its ruling against Gobitas? How was the
decision received and what did the Court ultimately do about it?
Why was the Court willing to take a semi-accommodationist stance in Everson?
How did the opinion in Cruzan protect the rights of those who want to die but who have
been rendered incompetent?
Why did the Court strike COPA in Ashcroft [II]?
What rationale did the Court use to distinguish regulation of child pornography from
generally obscene materials? I this a fair distinction? Why or why not?
How are cases involving child pornography different from typical obscenity cases?
Should they be treated differently? Why or why not?
Why does justice Alito dissent in Snyder v. Phelps? What are his main concerns about
the majority opinion?
Give two reasons why Katz is considered a landmark decision?
What evidence did Pritchett use to argue against the legal model? Is it persuasive?
Answer:*a. varies
Why were Justices Kennedy and Breyer slightly concerned with the Court’s decision in
U.S. v. American Library Association, therefore filing a concurring opinion?
The voir dire is a critical component of the criminal trial. It is at this stage that
prosecutors and defense attorneys may exclude potential jurors for cause or through the
use of peremptory challenges. Explain the differences between these two methods of
removal and how attorneys use them. Are there limitations on the use of peremptory
challenges by either the prosecution or the defense? If so what are they? Has the Court
provided working rules to help defendants prove that peremptory challenges have been
used in a discriminatory manner? If so, what are those rules?
How does libel law in the U.S. compare to laws in other nations? How has the internet
changed the ability of plaintiffs to sue for libel?
Why did the Court overturn the Michigan decision that denied counsel on appeal for
indigents who had pled guilty at trial?
What is the preferred freedoms doctrine and how does it relate to the freedom of
speech? Why did the justices move in this direction beginning in the 1930s?