How did Randall and Davis change the landscape of campaign finance law after
McConnell?
Why is the invocation of judicial review so controversial?
Answer:*a. varies
If the justices are not supposed to hear non-justiciable cases, what explains why they
would do so?
Answer:
*a. varies
What was justice Black’s argument when he dissented from the Court’s ruling in Betts?
Explain the standard the Court uses to determine whether an utterance may be
considered fighting words. Should these words be protected speech?
What was Justice Miller’s rationale for dismissing the privileges and immunities clause
as the vehicle for incorporation? Is his argument logical? Why or why not?
Answer:
*a. varies
How has judicial review influenced Supreme Courts outside of the U.S.?
Answer:*a. varies
What dangers does electronic expression pose that are not posed by print or broadcast
media?
Since Central Hudson, has the Court increased or decreased protections for commercial
speech? Are there any limits?
What did the Court say about regulation of virtual child pornography in Ashcroft v. Free
Speech Coalition?Were you persuaded by Kennedy’s argument?Why or why not?
How did the Court interpret Free Speech cases beginning in the late 1940s? Why did
the Vinson Court do so?
In Bush v. Gore, why did the dissenters argue the Supreme Court should not have heard
the case?
Beginning in 1997 the Court began to face questions about regulating media on the
Internet. How, if in any way, do these cases differ from the print media cases decided in
Roth, Miller, and Ferber? Should these cases be decided differently or is the medium
not important and the same standards apply? Why or why not?
How does Yoder square with the Court’s decision in Prince?
Why is Justice Harlan’s dissent in Poe important? How, if at all, did it change the
Court’s view of substantive due process?
How did the Court define religion according to the Ballard test? Did this definition
broaden or contract religious freedom? Why?