According to Texas v. Johnson, flag burning is an example of the protected by **a. Symbolic speech, First Amendment. B. Pure speech, Fifth Amendment. I c. Symbolic speech, Fifth Amendment. I d. Pure speech, First Amendment. I 5. Andrew is at work and begins to throw a fit because the copy machine is Jammed again. In this outrage, Andrew was screaming out profanity. The company fired him stating that the employee handbook gives using profanity as a reason for immediate termination. Andrew claims that the company is violating his first amendment rights of freedom of speech.
Is Andrew correct that profanity is protected speech? A. No. Freedom of speech does not apply here because it is not the government acting. I I b. Yes. Profanity is protected speech. I **c. Yes. Although it is not per SE protected, he can say whatever he wants while in Business Law Chi 5 How By Allegorical 6. David Lucas paid $975,000 for two residential lots on the Isle of Palms near Charleston, South Carolina. He intended to build houses on them. Two years later the South Carolina legislature passed a statute that prohibited building seaward of a certain line, and Lacuna’s property fell in the prohibited zone.
Lucas claimed that his land was now useless and that South Carolina owed him its value. Explain his claim. Should he win? A. Yes, based on the First Amendment Commercial Speech clause. I I b. Yes, based on the Fifth Amendment Due Process clause. I I c. Yes, based on the Fourteenth Amendment Equal Protection Clause. I I **d. Yes, based on the Fifth Amendment Takings Clause. I 7. Ohio enacted a statute that gives all veterinarians, who were state residents prior to enrolling in the military, the right to a state and local government Jobs before any other person.
Ohio believes that this to be in the best interest of the state and to those that served our county in a military capacity. Sam, a nonverbal wanted a retain government Job, was denied because even though he was a veteran, he did was not a resident of the state of Ohio prior to enrolling. Sam believes that this is wrong. Ohio argues that this is allowed under the constitution. What test will the court apply to the facts of this case to determine if this classification is constitutional? A. Minimal scrutiny I b. Intermediate scrutiny I c. Compelling interest scrutiny I **d.
Strict scrutiny I 8. In order to determine whether the City violated the Auk’s constitutional rights, the court would apply the: **a. Compelling government interest test I b. Beyond a reasonable doubt test. I c. Clear and convincing evidence test I I d. Rational basis test 9. The Court created a three-part test to determine if a creative work is obscene. Which one is NOT one of the basic guidelines? A. Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest. I I b.
Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law. I I **c. Whether the work includes language which is prohibited by the Federal Communications Commission. I I d. Whether the work, oaken as a whole, lacks serious literary, artistic, political, or scientific value. I a. A state statute is always unconstitutional when it burdens free speech in commerce. I **b. A state statute that discriminates against interstate commerce is invariably unconstitutional. I I c. A federal law can always be preempted by a state statute.
I I d. Only courts can decide when a state statute is unconstitutional. I 1 1 . Which clause states that the Constitution, and federal statutes and treaties, shall be the supreme law of the land. A. Commerce Clause I **b. Supremacy Clause I c. Takings Clause I I d. Equal Protection Clause I 12. In Miller v. California (1973), the U. S. Supreme Court: a. Held that the First Amendment is an absolute protection on all speech. I lb. Held that pornography was not protected free speech based on local standards. I c. Determined that the Communications Decency Act was unconstitutional. **d. Reared a three-part test that courts must use to determine whether speech is obscene. I 13. Ohio has a statute prohibiting the importation of solid or liquid waste that originated or was collected outside the territorial limits of the state. Michigan sues on the grounds that this statute is discriminatory and therefore invalid. Is Michigan erect? **a. Yes due to the dormant or negative commerce clause. I I b. No because a state can do anything they want to protect their own borders. I I c. It depends on why Ohio has that statute in the first place. I I d. None of the above is correct. I 14. In the Wickers v.
Filbert (1942) case, the U. S. Supreme Court held that: a. Under the Commerce Clause, Congress has clearly defined limits on the exercise of its powers. I I **b. Under the Commerce Clause, Congress may regulate any activity that has a substantial effect on interstate commerce. I I c. Under the First Amendment, Congress may regulate political advertising. I I d. He local production of wheat could not be governed by Congress under the Commerce Clause. I 15. Is the Supreme Court’s willingness to a. Judicial restraint, become involved with major political issues and decide cases on constitutional grounds.
I I b. Stare Decides, decide only 14th amendment cases. I **c. Judicial activism, become involved with major political issues and decide cases on constitutional grounds. I I d. Judicial restraint, decide only 1st Amendment cases. I I 16. You begin work at Overpay Corp.. At the beginning of November. On your second day at work, you wear a political button on your overcoat, supporting your hooch for governor in the upcoming election. Your boss glances at it and says, “Get that stupid thing out of this office or you’re history, chump. ” You protest that his statement violates your constitutional rights.
Are you right? A. No, because it is considered a governmental action. I **b. No, because an employer has the right to regulate how I look at work. I c. No, an employer has the right to fire an employer for any reason. I I d. Yes, it violates my constitutional right to free speech. I I 17. This chapter is filled with examples of statutes that have been struck down by the courts. A Texas law banning flag burning was rejected by the Supreme Court, as was a Louisiana death penalty statute. Where does the Supreme Court get its power to strike down congressional statutes as unconstitutional? A.
Executive Orders. I I b. Treaty I I c. The U. S. Constitution. I **d. Mammary v. Madison case I 18. Gillie opposed American participation in the war in the Persian Gulf. She displayed a large sign on her front lawn that read, “Say No to War in the Persian Gulf, Call Congress Now. ” The city of Ladle prohibited signs on front lawns and Gillie sued. The city claimed that it was regulating “time, place, and manner. ” Who should in? A. Gillie and Ladle. I b. Ladle. I **c. Gillie. I d. Congress. I I 19. Greenville College, a public community college, has a policy of admitting only Caucasian students.
If the policy is challenged under the Fourteenth Amendment, scrutiny will be applied. A. Intermediated I **b. Strict I c. Rational I d. None of the above I I 20. Political speech is protected unless it is b. Not during a political demonstration. I **c. Intended and likely to create imminent lawless action. I particular individual. I d. Directed ATA 21 . The Dolan v. City of Taigas case involved which amendment and clause of the U. S. Constitution? **a. The Dolan case involved the Fifth Amendment’s “Takings Clause. ” I I b. The Dolan case involved the Fifth Amendment’s “Due Process” clause.
I I c. The Dolan case involved the Fourteenth Amendment’s “Incorporation” clause. I I d. The Dolan case involved the First Amendment’s “Freedom of Speech” clause. I 22. Tim received a letter from his state college stating he had been expelled from the school. The letter stated his finance professor reported him to the Dean’s office for cheating and that a committee had decided to expel him. He was reminded in the letter he had been disciplined earlier that same year for popularizing a term paper. Tim believes the college has violated his due process rights.
What factor(s) should be considered to determine the validity of Time’s claim? A. A person must receive notice of the action being taken. I I b. Be given an opportunity to present any challenges too neutral fact finder I I c. Usually requires that the student be allowed to appeal the initial decision too higher body. I I **d. All of the above are requirements of due process rights. I 23. The idea that each branch of government can act as a check on the power of the other branches is known as: a. Limitation of powers. I I b. Restraint of government. C. Federalism. I I **d. Separation of powers.
I 24. The group’s use of hoods would most likely be an example of: a. Commercial speech protected by the U. S. Constitution I I b. Hate speech not protected by the u. s. Constitution I **c. Political speech protected by the U. S. Constitution I I d. Obscene speech not protected by the U. S. Constitution. I 25. Review Keel v. City of New London in your book or e-book. A. Only when there is inadequate compensation. **b. If the government does not fairly compensate the owner or have a valid public purpose. I I c. When the city takes private land without an approved plan. I government.
