What was the essential holding in Whole Women's Health v. Hellerstedt?

Both requirements unconstitutional

In his dissent, what did Scalia accuse the court of doing in Lawrence?

Using invalid EPC argument, selectively using stare decisis, Being gay, Creating a fundamental right

What was the key reason for finding the statute in Lawrence v. Texas unconstitutional?

Cannot regulate private, consensual, adult activity

found that cities can rely on studies from other cities on secondary effects of indecent speech

City of Renton v. Playtime Theaters

How did White restrict Pickering test in Connick v. Myers?

Required the speech to be on a matter of public conern

What test came out of Locke v. Davey?

"just because you can, doesn't mean you have to"

Pierce v. Society of Sisters protected what?

Parent's right to send children to private school

What was the key takeaway from Holme's dissent in Abrams v. US?

Marketplace of ideas theory, There needs to be immediate danger present

Why did the court use strict scrutiny in Wisconsin v. Yoder?

The case dealt with hybrid rights

What standard did Morse v. Frederick use to determine student speech can be restricted?

Materially and substantially disrupted work and discipline

What did Souter determine about the 10 commandments display in McCreary County?

Secular purpose must predominate

Which is NOT a factor in the Miller test?

Does the work appeal to the masses

Which two cases used the "Public Function" test?

Marsh v. Alabama; Rendell-Baker

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Constitutional Law Exam from hell

150 termsStudBud Administration184 plays

Constitutional Law review Spring 2017

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Questions 150

Answers

1
Who wrote Roe v. Wade?
Black
Blackmun
Scalia
O'Connor
2
Who wrote Allegheny County v. ACLU?
Black
O'Connor
Roberts
Blackmun
3
"True, private choice" involves all the following EXCEPT
A broad class of citizens
Strong wall of separation
Neutral aid
genuine, independent choice
4
Who wrote Santa Fe ISD v. Doe?
Scalia
Stevens
Clark
Kennedy
5
Who wrote McCreary County v. ACLU?
Scalia
Blackmun
Souter
Kennedy
6
Who wrote Lawrence v. Texas?
Souter
White
Kennedy
O'Connor
7
Which case held a statute banning partial birth abortions as constitutional?
Garcetti v. Ceballos
Obergefell v. Hodges
Gonzales v. Carhart
Whole Women's Health v. Hellerstedt
8
Which case used the Regulation/Licensing/Funding Test?
Polk County v. Dodson
Rendell Baker
Jackson v. Metropolitan Edison Co.
Moose Lodge No. 107 v. Iris
9
Who wrote Virginia v. Black?
O'Connor
Ginsburg
Kennedy
Scalia
10
Who was the only justice to be on the winning side in both McCreary County and Van Orden?
Scalia
Rehnquist
Thomas
Breyer
11
Who wrote Dennis v. US?
Vinson
Clark
Burger
Black
12
What was the essential holding of Lochner?
It was an invalid use of Police Power
EES do NOT have freedom to K
EEs have freedom to K
Emphasized privacy concerns
13
What was the essential holding in Whole Women's Health v. Hellerstedt?
Surgical requirement ok, but admitting privileges req. not
admitting privileges requirement ok, but surgical req. not
Both requirements constitutional
Both requirements unconstitutional
14
Who wrote Griswold v. Connecticut? And what was the "Key phrase"?
Douglas- Zone of privacy
Kennedy-Private behavior
Kennedy- Private life
Douglas -Area of protection
15
What case said "When EE makes statement pursuant to official duties, it is not protected?
Garcetti v. Ceballos
Rust v. Sullivan
Connick v. Myers
Pickering v. Board of Education
16
In his dissent, what did Scalia accuse the court of doing in Lawrence?
Using invalid EPC argument
selectively using stare decisis
Being gay
Creating a fundamental right
17
Who wrote Central Hudson v. Public Service?
Brandeis
Kagan
Powell
Fortas
18
Who came up with "Mutual Harms" in relation to the Establishment Clause?
Madison
Washington
Jefferson
Adams
19
What case created the "Fighting words" doctrine?
Chaplinsky v. New Hampshire
Feiner v. NY
Cohen v. CA
The Skokie Cases
20
Which case held unconstitutional a statute prohibiting distributing info on contraception?
Griswold v. Connecticut
Flagg Brothers v. Brooks
Texas v. Johnson
Feiner v. NY
21
What was the key reason for finding the statute in Lawrence v. Texas unconstitutional?
Cannot regulate private, consensual, adult activity
Cannot regulate public adult activity
Cannot regulate activity of minors
Cannot regulate private, non-consensual, adult activity
22
What case was the first case to say school prayer is unconstitutional?
Abington Schools v. Schempp
Lee v. Weisman
Everson v. Board of Education
Engel v. Vitale
23
found that cities can rely on studies from other cities on secondary effects of indecent speech
Young v. American Mini Theatres
FCC v. Pacifica Foundation
Reno v. ACLU
City of Renton v. Playtime Theaters
24
Who wrote Gonzales v. Carhart?
O'Connor
Scalia
Kennedy
Souter
25
Who wrote RAV v. St. Paul?
Thomas
Kennedy
Scalia
Blackmun
26
Who wrote Texas v. Johnson?
Breyer
Stevens
Brennan
O'Connor
27
Which case protected teacher's right to teach German?
Meyer v. Oklahoma
Meyer v. Nebraska
Nebraska v. McDonald
US v. McDonald
28
How did White restrict Pickering test in Connick v. Myers?
Required the speech promote violence
Required speech to be in public
Required the speech to be in relation to EE's job
Required the speech to be on a matter of public conern
29
Which is NOT a Smith exceptions where you should use Strict Scrutiny?
law involving drug use
hybrid claims
Law targeting a specific religion
Unemployment cases
30
Who wrote Van Order v. Perry?
Breyer
Kennedy
Rehnquist
Thomas
31
Who wrote Edwards v. Aguillard?
Kennedy
Black
Blackmun
Brennan
32
What test came out of Locke v. Davey?
"just because you can, doesn't mean you have to"
"wall of separation"
"join or die"
"No less religious alternative"
33
Which justice wrote a majority of the gay rights cases?
Scalia
Scalia
Scalia
Kennedy
34
Who wrote Wisconsin v. Mitchell?
Douglas
Rehnquist
Scalia
Blackmun
35
a knowledge/intent requirement or good faith defense does not make a law constitutional
Reno v. ACLU
New York v. Ferber
Ashcroft v. ACLU
AShcroft v. Free Speech Coalition
36
Who wrote concurrence in 44 Liquormart v. RI that suggested throwing out Central Hudson test?
Stevens
Alito
Thomas
Douglas
37
Who wrote Abington Schools v. Schempp?
Souter
Breyer
Burger
Clark
38
When all 4 O'Brien factors are present, what level of scrutiny do you use?
Intermediate
Depends
Strict
Rational Basis
39
Pierce v. Society of Sisters protected what?
Parent's right to choose religion for their child
Parent's right to send children to private school
Child's right to be emo
Child's right to attend private school
40
What was the key takeaway from Holme's dissent in Abrams v. US?
Marketplace of ideas theory
There needs to be severe danger present
There needs to be immediate danger present
Citizen participant theory
41
Why did the court use strict scrutiny in Wisconsin v. Yoder?
The case dealt with a law targeting a specific religion
The case dealt with the ministerial exception
The case dealt with unemployment benefits
The case dealt with hybrid rights
42
Which TWO tests were used in JAckson v. Metropolotian Edison Co.?
Public Function; Nexus
Nexus; Symbiotic Relationship
Nexus; Use of Courts
Public Function; Regulation/Licensing
43
What case cast out obscenity as a protected category of speech?
Miller v. CA
Roth v. US
Young v. American Mini Theatres
Paris Adult Theatre v. Slaton
44
Who wrote Pickering v. Board of Education?
Breyer
Taft
Marshall
Clark
45
What standard did Morse v. Frederick use to determine student speech can be restricted?
Materially and substantially disrupted student enjoyment
Materially endangered student safety
Materially and substantially disrupted work and discipline
All content-based speech
46
What did Souter determine about the 10 commandments display in McCreary County?
They were not up for a long time without being challenged
Secular purpose must predominate
There must be no religious purpose
Must be surrounded by secular decorations
47
Which is NOT a factor in the Miller test?
average person will find work appeals to prudent interest
Does the work appeal to the masses
Does work lack artistic, political, scientific value
Does work depict in patently offensive way sexual conduct
48
What test was developed in Allegheny County v. ACLU?
Endorsement
secular purpose predominates test
"no less religious alternative"
Time, Place, Manner
49
What is never protected under 1st amendment?
homosexual porn
male porn
Child porn
female porn
50
Which two cases used the "Public Function" test?
Rendell-Baker v. Kohn; Burton v. Wilmington
Marsh v. Alabama; Rendell-Baker
Marsh v. Alabama; Lemon v. Kurtman
Rendell-Baker; Moose Lodge v. Iris
51
Who wrote Burwell v. Hobby Lobby?
Ginsburg
Rehnquist
Alito
Stevens
52
Who wrote Cohen v. CA?
Black
Harlan
Stevens
Souter
53
What test was used in Marsh v. Chambers?
History and Tradition
Entanglement
History and Community
Coercion
54
In his dissent in Lee v. Weisman, who wrote that the only coercion is threat of gov penalty?
Souter
Blackmun
Scalia
Breyer
55
Which State Action Test came out of Burton v. Wilmington Parking Authority?
Regulation/Licensing
Direct Action
Nexus
Symbiotic Relationship
56
Fighting words defined as "what mean of common intelligence would understand to be words that..
are likely to cause the average person to kill
are inappropriate for public consumption
are likely to create an angry audience
are likely to cause an average addressee to fight
57
Where did the "clear and present" danger test develop?
Holmes diss in Scheneck v. US
Holmes maj in Scheneck v. US
Holmes Con in Abrams v. US
Holmes diss in Gitlow v. NY
58
What test was used in Santa Fe ISD v. Doe?
"life cycle event"
History and Tradition
Endorsement
Coercion
59
What forum applied to Christian Legal Society?
Limited Public
Non-public
Designated Public
Traditional Public
60
Which State Action Test came out of Brentwood Academy v. TN Secondary School Athletic Assn?
Entwinement
Nexus
Direct Action
Monopoly
61
What case defined property to include government benefits?
Abrams v. US
Golberg v. Kelly
Locke v. Davey
Lochner v. NY
62
Which justice concurred in Lawrence, but believed Bowers did not need to be overruled?
Ginsberg
Scalia
Kennedy
O'Connor
63
concur. in Mitchell v. Helms: who wrote the plurality over-relied on importance of neutrality?
Thomas
Burger
O'Connor
Douglas
64
In their dissents in Obergefell, which two justices said the issue is for the legislature?
Thomas & Scalia
Thomas & Roberts
Scalia & Alito
Roberts & Alito
65
Who wrote the first Establishment Clause case? (Everson v. Board of Education)
Roberts
Burger
White
Black
66
What case established that students have 1st amend right in schools?
Morse v. Frederick
Hazelwood Schools v. Kuhlmeier
Tinker v. Des Moines ISD
Pickering v. Board of Education
67
Who wrote FCC v. Pacifica?
Brennan
Stevens
Powell
Breyer
68
Who wrote Snyder v. Phelps?
ALito
Breyer
Rehnquist
Roberts
69
Rehnquist found the voucher program to be constitutional because...
There was public choice in the funding
There was no state action
There was not a significant amount of money being spent
There was true, private choice
70
which is NOT a facor in the Brandenburg test?
Speaker must have intent
Speech must be likely to produce imminent, lawless action
Speaker must have content-neutral speech
Speech must incite imminent lawless action
71
Who said "One man's vulgarity is another man's lyric"?
Blackmun
Harlan
Brandeis
Black
72
Who wrote US v. O'Brien
Stevens
Vinson
Warren
Clark
73
Which State Action Test came out of Flagg Brothers v. Brooks?
State Authorization/Acquiescence
Symbiotic Realtionship
Public Function
Monopoly Status
74
Which is a factor in the O'Brien test?
Regulation is unrelated to suppression of free expression
Regulation is within legit constitutional power of gov
regulation further an important or substantial gov interest
Incidental restriction is no greater than essential
75
Which is a factor in the Central Hudson test?
Does regulation directly advance gov asserted interest?
Is the reg not more extensive than necessary?
Is speech within protection of 1st?
Is asserted gov interest substantial
76
The Constitution sets a ________ for due process
Ceiling
Floor
77
Who is the "Hometown Justice"?
Kennedy
Scalia
Jerry Springer
Stewart
78
Who wrote Society for Krishna Consciousness v. Lee?
Alito
Rehnquist
Roberts
O'connor
79
How does Town of Greece v. Galloway modify Marsh v. Chambers?
Made it more strict
Made it more broad
Made it longer
Made it more narrow
80
Who wrote Brandenburg v. Ohio?
Scalia
Vinson
Per Curiam
Thomas
81
The Pickering balancing test balances?
EE happiness & ER happiness
EE salary & EE value to company
EE rights as citizen & ER interest in promoting public good
EE rights as EE & EE rights as citizen
82
Who wrote Thomas v. Review Board of IN Employment?
Blackmun
Burger
Kennedy
Rehnquist
83
Which case held "pure abstract advocacy is not enough. It must be connected with unlawful act"
Brandenburg v. OH
Yates v. US
Whitney v. CA
Dennis v. United States
84
Who wrote Young v. American Mini Theatres?
Roberts
Kennedy
Stevens
Rehnquist
85
case transformed Chrestensen and held a statute unconstitutional that attempted to prohibit ads
Central Hudson v. Public Service
Roth v. US
VA Board of Parm v. VA Citizens Council
44 Liquormart v. RI
86
Which State Action Test came out of Shelley v. Kramer?
Symbiotic Relationship
Use of Courts
Monopoly Status
Direct Action
87
What case created the "Reindeer Rule"?
Edwards v. Aguillard
Van Order v. Perry
Allegheny County V. ACLU
Lynch v. Donnelly
88
What test was used in Lee v. Weisman?
No less religious alternative
Purpose-effects
Endorsement
Coercion
89
What test did O'Connor propose in her Concurrence in Lynch v. Donnelly?
Time, Place, Manner
State endorsement
insiders/outsiders
"No less religious alternative"
90
Who wrote Holder v. Humanitarian Law Project?
Peckham
O'Connor
Roberts
Breyer
91
Who wrote Town of Greece v. Galloway?
Kennedy
Breyer
Alito
Blackmun
92
What case found that community standards were constitutional to restrict internet material
Ashcroft v. ACLU
New York v. Ferber
Ashcroft v. Free Speech coalition
Reno v. ACLU
93
What case transformed the clear and present danger test to add a "Hand Formula" balancing test
Whitney v. CA
Gitlow v. NY
Dennis v. US
Yates v. US
94
In Employ div... v. Smith, the law was neutral and of general applicability so the court used
Strict Scrutiny
Rational Basis
Intermediate Scrutiny
Hybrid right
95
What test came out of Abington Schools v. Schempp?
Effects Test
Purpose Test
Reason Test
Purpose-Effect Test
96
Who wrote the opinion in Cruzan v. Missouri Dept. of Health?
Thomas
O'Connor
Rehnquist
White
97
Who wrote Wisconsin v. Yoder?
Rehnquist
Burger
Kennedy
Clark
98
Who wrote Lemon v. Kurtzman?
Burger
Souter
Roberts
Black
99
Which of the following is NOT a prong of the Lemon test?
No Excessive entanglement with government
Must be available to broad class of citizens
Effect cannot advance/inhibit religion
Must have a secular purpose
100
Who wrote Employment Division Department of Human Resources v. Smith?
Stevens
O'Connor
Scalia
Rehnquist
101
Who wrote a concurrence in Whitney v. CA that emphasised the need for immediacy?
Brandeis
Burger
Holmes
Vinson
102
Who wrote Near v. Minnesota?
Kennedy
Hughes
Rehnquist
Clark
103
What level of scrutiny did the court use in Texas v. Johnson?
none
rational basis
intermediate
Strict
104
What area are courts NOT more deferential to the institution?
Churches
Schools
Prisons
Military
105
Which case found that congress has wide latitude to regulate to use of public funds?
Valentine v. Chestensen
Yates v. US
Garcetti v. Ceballos
US v. American Libraries
106
Who wrote Morse v. Frederick?
Rehnquist
Alito
Kennedy
Roberts
107
Which prong of Lemon did Agostini make only a factor?
Secular Purpose
Excessive entanglement
Effect neither advances/prohibits
Concern for divisiveness
108
Who wrote US v. American Libraries
Kennedy
Burger
Roberts
Rehnquist
109
What rule developed out of Feiner v. NY?
The audience should not limit the speaker
It is ok to have an offensive march if you warn the audience
Speech must be content-neutral to be regulated
Speech is always allowed if there is no imminent danger
110
What is the essential holding of Wisconsin v. Mitchell?
Enhanced penalty statutes are unconstitutional
Enhanced penalty statutes are constitutional
Cross burning is always illegal
It is unconstitutional to punish mens rea
111
Who wrote Lochner v. NY (1905)
Scalia
Peckham
Roberts
White
112
Which is NOT an exception where prior restraint is allowed?
National Security
Incitements of violence
Indecent speech
Obscenity
113
What was the essential holding of Nebbia?
Regulation of commercial products is never constitutional
Regulation of products is ok if it promotes public welfare
Regulation of products is ok if regulated by states
Regulation of products is only permissible for milk
114
What "test" came out of PP of PA v. Casey?
Undue hardship
Undue Burden
Trimester Framework
Mother's Health
115
Who wrote Lee v. Weisman
Kennedy
O'Connor
Scalia
Blackmun
116
Who wrote Locke v. Davey
Roberts
Rehnquist
Breyer
Burger
117
Who wrote Christian Legal Society v. Martinez?
O'Connor
Stevens
Ginsburg
Alito
118
Who wrote the opinion in Zelman v. Simmons-Harris?
Thomas
Breyer
Souter
Rehnquist
119
In which case was Jefferson's "wall of separation" first used?
Agostini v. Felton
Zelman v. Simmons-Harris
Lemon v. Kurtzman
Everson v. Board of Education
120
Who wrote a dissent in McCreary County arguing that monotheistic display is ok
Thomas
Scalia
Roberts
Douglas
121
Which State Action Test came out of Polk County v. Dodson?
Monopoly Status
Symbiotic Relationship
Professional Judgement
Entwinement
122
What was essential holding of Virginia v. Black?
The statute is too broad
Cannot treat assault as prima facie evidence of hate speech
The statute is too narrow
Cant treat cross burning as prima facie evidence of intimida
123
Who wrote Nebbia v. NY?
White
Black
Roberts
Peckham
124
Who wrote Marsh v. Chambers?
Burger
Breyer
Roberts
Clark
125
Who wrote Lynch v. Donnelly?
Burger
Rehnquist
Brennan
O'Connor
126
In Hobby Lobby, the court found that the gov must use_________ if burdening a religion
Most accommodating means
least disruptive means
Compelling means
least restrictive means
127
Who wrote Bowers v. Hardwick?
White
Brennan
Scalia
Kennedy
128
Who writes Planned Parenthood of SE PA v. Casey?
Kennedy
O'Connor
Souter
Scalia
129
Which changed "utterly without redeeming value" (Roth) to "lacks serious literary, artistic...
Miller v. CA
Young v. American mini Theatres
Renton v. Playtime theaters
Paris Adult v. Slaton
130
What case unanimously held that commercial speech it outside protection of 1st?
VA Board of Pharm v. VA citizens council
Central Hudson v. Public service comiss
US v. American Libraries
Valentine v. Chrestensen
131
Which of the following is NOT a factor in the Matthews Test (Matthews v. Eldridge)
The government's interest.
The risk of overly broad understanding of Due Process
The importance of the interest at stake
The risk of an erroneous deprivation of the interest
132
Edwards v. Aguillard is known as
Ultimate divisiveness case
Ultimate Academic Freedom case
Ultimate sham case
Ultimate science case
133
Who authored the opinion in Whole Women's Health?
Kennedy
Breyer
O'Connor
Brennan
134
Who wrote Garcetti v. Ceballos?
Scalia
Kennedy
Altio
Ginsburg
135
Who wrote Miller v. CA?
Black
Blackmun
Brandeis
Burger
136
The ministerial exception was deemed valid by Roberts in what case?
Schenck v. US
Employment Division... v. Smith
Hosanna-Tabor Evangelical church v. EEOC
Locke v. Davey
137
Thomas v. Review Board of IN...showed court's willingness to use what in Free Exercise cases?
Intermediate scrutiny
Strict Scrutiny
Fact-specific analysis
Rational Basis
138
What was Scalia's essential holding in RAV v. St. Paul?
Statutes cannot criminalize a mode of expression
Statutes cannot single out speech against specific groups
Statutes can only be against people he doesn't like
Statutes can criminalize a mode of expression
139
Who wrote Agostini v. Felton?
Burger
O'Connor
Kennedy
Souter
140
Which right is inferred by penumbra of the Constitution?
Freedom to K
Abortion
Free Speech
Privacy
141
Which case found school-sponsored speech can be restricted if restrictions are "reasonable"?
Pickering v. Board of Education
Connick v. Myers
Hazelwood Schools v. Kuhlmeier
Morse v. Frederick
142
What was a primary concern after Lochner?
Expansion of privacy rights
Judicial Activism
Police Power
Restrictions on bakers
143
What was the original test under the Free Exercise clause?
Lemon
Substantial Burden
Compelling Gov interests
Ministerial Exception
144
Who wrote Hazelwood Schools v. Kuhlmeier?
White
Brown
Black
Yellow
145
What case expressly overruled Bowers v. Hardwick?
Lawrence v. Tennessee
Cruzan v. Hodges
Obergefell v. Hodges
Lawrence v. Texas
146
What is the key takeaway in Holmes's dissent in Gitlow v. New York? (joined by Brandeis)
Publication must have specific instructions for time, place
Publication must not incite violence
The danger must be immediate
Publication must be widely distributed
147
What case is the rare exception of a court holding a content-based regulation constitutional
NYT v. US
Near v. MN
Yates v. US
Holder v. Humanitarian Law Project
148
What "test" came out of Roe v. Wade?
Health of Mother
Undue Burden
Trimester Viability
Trimester Framework
149
Which test did Rehnquist use in Zelman?
Lemon
Agostini
Zelman
Divisiveness
150
Who authored Obergefell v. Hodges?
O'Connor
Scalia
Kennedy
Roberts

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