How does the Court define the right to bear arms in Heller? Is the right absolute? If not,
what limits can be placed on it? Do you find Scalia’s general argument persuasive? Why
or why not?
How do the rights of the press differ from the general press and a school sponsored
student press?
Describe the standard the Court set out for proving libel in Sullivan. Does this standard
make it easier or more difficult to prove that speech is libelous?
The Court’s precedent assumes that any search conducted without judicial permission is
unreasonable unless it meets a few specifically established exceptions. One of those
exceptions is that a police officer may conduct a search when incidental to a legal
arrest. The scope of the search must be commensurate with the purpose of protecting
the arresting officer and safeguarding evidence that led to the arrest and go no further.
Belton should not be read to imply that a vehicle search incident to the arrest of a recent
occupant is valid even if there is no possibility the arrestee could gain access to the
vehicle at the time of the search. This reading un-tethers the ruling from its reasoning
(that searches are only allowable to protect officers and evidence).
In what way did the Court’s ruling in Gideon v. Wainwright extend the right to counsel?
When do citizens have the right not to speak?
How did political strategists get around the regulations on campaign contributions laid
out in Buckley?
What position did Justice Brennan take in his Paris Theater dissent? Is this is tenable
position? Why or why not?
Given that the justices are not elected, how can public opinion have an effect on
decisions they make?
Answer:
*a. varies
Is jurisdiction a constraint on the Court? Why or why not?
Answer:
*a. varies
Why did Congress pass the Communications Decency Act in 1996? Why did the ACLU
(and others) oppose the law?
How did the framers deal with the issue of religion in the constitution?
Why is it so important that the accused have the right to counsel during trial?
What factors do scholars believe helped sway the Court to reverse its stance on the
Pledge of Allegiance between Gobitas and Barnette?
When, if ever may prosecutors use someone’s silence to imply guilt? Is this fair? Why
or why not?
What was the rationale for expanding the Sullivan test to include all matters of public
interest?
Most if not all the states have adopted provisions touching the right to keep and bear
arms. Differences in the language employed in these have naturally led to somewhat
variant conclusions concerning the scope of the right guaranteed. But none of them
would support the ruling below that a sawed off shotgun is the type of weapon covered
by the 2nd Amendment.
D.C. v. Heller (2008)
Relevant Case Facts:
In 1976 DC passed the most restrictive gun control ordinance in the U.S. It essentially
banned the private possession of handguns. Heller applied for a permit to use a gun for
self-defense but was denied. Heller then sued the city claiming the law violated the 2nd
Amendment’s right to bear arms.
Legal Question: Does banning handguns and the carrying of a pistol with a license
violate the 2nd Amendment?