Exam 2: The First Amendment

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Government regulations that target the content of speech because of government disfavor with the ideas expressed are called content-neutral.

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Prior review

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The government bears an exceptionally heavy burden of proof to justify any prior restraint because prior restraints are inherently likely to distort the marketplace of ideas and to punish ideas government disfavors.

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Textualists believe that interpretation of the Constitution should be guided entirely by its own language without reference to history or contemporary issues.

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Justices who rely on original intent to determine the correct meaning and application of the First Amendment argue that the Framers understood and left a clear record of the meaning of the freedom of speech and of the press.

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Throughout history,the U.S.Supreme Court has relied heavily on natural rights theory to guide its First Amendment interpretations because this theory provides clear boundaries to personal liberties.

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The First Amendment protection for freedom of expression means prior restraints by government are constitutional only as a last resort to meet a compelling need.

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The First Amendment does not limit the power of state or local legislatures.

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After New York Times v.United States,is prior restraint of media ever possible in the United States? Explain briefly.

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To determine the constitutionality of government actions,the Supreme Court employs

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A classical prior restraint imposes broad government power to review and select acceptable content before ideas are published.

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Content-neutral time,place,and manner restrictions must past strict scrutiny to be constitutional.

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The U.S.Supreme Court consistently has interpreted the free press clause of the First Amendment to confer special privileges and responsibilities on the press.

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Courts find content-based restrictions of speech constitutional if they

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A traditional public forum is closed to non-government users to protect the core purpose of the property.

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Private property that is used by the public is called a traditional public forum.

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Under strict scrutiny,a law is constitutional only if it

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Content-based laws must pass intermediate scrutiny to be constitutional.

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The Supreme Court has said that,under the First Amendment,political speech is

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In the area of government speech,the U.S.Supreme Court has

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