jour 303 final exam - Collins
What is the first amendment?
RAPPS - Freedom of Religion, Speech, Press, Assembly, and Petition
Congress shall make NO LAW abridging what two things?
press and speech
What is power?
jurisdiction
What is article 1 of the constitution?
sets up legisla...
jour 303 final exam - Collins
What is the first amendment?
RAPPS - Freedom of Religion, Speech, Press, Assembly, and Petition
Congress shall make NO LAW abridging what two things?
press and speech
What is power?
jurisdiction
What is article 1 of the constitution?
sets up legislative branch
What is the article 2 of the constitution?
sets up executive branch
What is article 3 of the constitution?
sets up judicial branch
What are the three steps to the rational basis test?
1. in lawsuits burden is on the challenger
2. assume the law IS constitutional
3. see if law/regulation lacks a rational basis
What are the three steps to the compelling interest test?
1. The burden is on the defendant (usually the government)
2. see if it is NOT constitutional
3. The government must have a compelling reason for doing this = strict scrutiny
What is the 4-step process of determining a law's meaning?
1. Read the law
2. look for prescedence
3. look to law givers
4. look to history of the times
What are six rationals that may be used in government?
1. yes, but the government has a compelling interest that outweighs 1st Amendment
2. somewhat protected
3. no, not protected at all
4. time, place, manner regulation
5. expressive content
6. secondary/descrite
if the First Amendment protects anything it protects?
political speech
, if the First Amendment prohibits anything it prohibits?
prior restraint
What is the focus of the first amendment?
the audience and speaker
What are three things on specifying what a law means in advance?
1. The act
2. state of mind (various levels)
3. punishment (penalty)
What are eight things the government uses to stop people from speaking (prior restraint)?
1. pass law
2. court order
3. tax
4. use force
5. censorship
6. a license
7. government owns media
8. government owns raw materials (paper, electricity, etc.)
What is the equivalent to the compelling interest test?
clear and present danger test
What is the bad tendency test?
could regulate speech if it could have a bad affect
What is the four steps to the Brandenburg test? (state_
1. incite
2. imminent
3. lawless activity
4. likely to occur
What is the four-step Brennan test? (Federal)
1. inevitble
2. direct
3. immediate
4. catastrophic
What does the first amendment not protect about speech?
commercial
What is the test for commercial speech called?
central hudson
What are the four steps to central hudson?
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