JOUR 303 FINAL EXAM (COLLINS)
Rational Basis Test
1) Put burden on the plaintiff
2) Presume law is constitutional
3) show law lacks rational basis
Compelling Interest Test
1) Put burden on government
2) Presume what government is doing is unconstitutional
3) Change judge's mind, give th...
JOUR 303 FINAL EXAM (COLLINS)
Rational Basis Test
1) Put burden on the plaintiff
2) Presume law is constitutional
3) show law lacks rational basis
Compelling Interest Test
1) Put burden on government
2) Presume what government is doing is unconstitutional
3) Change judge's mind, give them compelling reason
What a law means
1) Read the law
2) Look for precedent
3) Look to lawmakers
4) Look to times when law was made
Political speech
If the First Amendment protects anything, it protects?
Prior Restraint
If the First Amendment prohibits anything, it prohibits?
Freedoms in the First Amendment
freedom of speech, religion, press, peacefully assemble and petition
Importance of Schenck vs. US
it was the first case on political speech
Four Sources of a Law
statutory, common, constitutional and regulatory
Steps for a Bill to become a Law
1) Legislator makes and introduces bill
2) it's sent to a committee (keep, toss or modify it)
3) Goes to House of Representatives
4) It's sent to the Senate
5) Sent to President
6) Put into law
Six Rationales for regulating speech
1) Fully protected
2) Somewhat protected
3) Not protected
4) Time, Place and Manner
5) Expressive Conduct
6) Secondary Derivative
Fully protected rationale
fully protected political speech, compelling reason to intervene
Somewhat protected rationale
commercial speech, broadcasting; need substantial reason to regualte
Not protected rationale
, this is not protected by the First Amendment; XXX porn, criminal speech and perjury
Time, Place and Manner rationale
you can't ban this completely, message has to have a way to get out; content neutral
and has to be a reasonable regulation (specific time or place)
Expressive Conduct rationale
you can regulate more than speech; ex: burning the flag
Secondary derivative rationale
protecting source of news story
Constitutional Law
this source of a law is the raw language of the documents and also the constitutions as
interpreted by the courts
Statutory Law
this source of a law is the actual language of legislature enactments as well as to any
official interpretations made by the courts (laws passed by Congress)
Regulatory Law
this source of a law is the rules and regulations which administrative agencies make
Case Law/Common Law
this source of a law binds principles and rules that come form case-by-case decisions
where judges created original legal rules as needed
Six reason you can be arrested/suspected
1) evidence
2) witnesses
3) turning yourself in
4) accused
5) filed complaint against you
6) grand jury investigation
Components of Criminal Law
act, state of mine and penalty
Prior Restraint
this is a governmental restraint that is imposed before publication or speech has taken
place
Exceptions to Prior Restraint
National and State security and decency
Brandenburg Test
Does the speech:
1) Incite
2) Imminent
3) Lawless action
4) Likely to occur
Four Step Modern Clear and Present Danger Test
1) Direct
2) Immediate
3) Inevitable
4) Catastrophe
Importance of Near vs Minnesota
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