Lesson 2 : Legal and Social Environment
Full Faith and Credit Clause
A clause in Article IV, Section 1, of the U.S Constitution that provides that "Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other State." The clause ensures that rights established under deeds, wills, contracts, and the like in one state will be honored by the other states and that any judicial decision with respect to such property rights will be honored and enforced in all states.
Privileges and Immunities Clause
A clause in Article IV, Section 2, of the U.S. Constitution that requires states not to discriminate against one another's citizens. A resident of one state cannot be treated as an alien when in another state; he or she may not be denied such privileges and immunities as legal protection, access to courts, travel rights, and property rights.
b
A company, Blue Marbles, who has a presence on Interwebs has become actively involved in political campaigns and uses their profile to make claims about federal and state political candidates- both positive and negative- as well as taking a stance on political issues and advocating for particular political parties. Blue Marbles has over 20 million followers and their political messages, if paid for, would far exceed the limits allowed by campaign finance laws. Days before the most recent election, Blue Marbles continued to post political content to its page. However, Blue Marbles never gave money directly to any candidate or political party. Is this permissible corporate political speech? a. Yes, but only if Blue Marbles is a for-profit corporation. b. Yes, under the Citizens United case, Blue Marbles' speech is protected. c. No, because at least some of the speech occurred within 30 days of an election. d. No, because it contains speech advocating for the election or defeat of a particular candidate.
filtering software
A computer program that screens incoming data according to rules built into the software and blocks access to Web sites with content not consistent with these rules.
Preemption
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.
T
A law that imposes prison sentences on all street entertainers without a trial would likely violate procedural due process. T or F
T
A state law that bans illegitimate children from claiming child support from their parents after they turn ten, but does not ban legitimate children from doing the same, violates the equal protection clause. T or F
federal form of government
A system of government in which the states form a union and the sovereign power is divided between a central government and the member states.
compelling government interest
A test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait.
search warrant
An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.
a
Article 1, Section 8, of the U.s Constitution impacts businesses greatly and is referred to as the _______ clause. a. commerce b. supremacy c. immunities d. credit
a
As originally intended, the first ten amendments to the Constitution limited only the power of the a. federal government b. state governmentsthe c. foreign citizens Commerce Department
F
Commercial speech is protected to the same extent as political speech. T or F
a
Content-neutral laws may regulate the time, place, and (a)manner (b)history (c) volume (d) tone, but not the content of speech.
a
Executive branch a. Enforces the laws b. Interprets the laws c. makes the laws
b
Gives individuals a right to access information about them in government files a. Gramm-Leach-Bliley Act b. Freedom of Information Act c. Family Educational Rights and Privacy Act d. Privacy Act
b
If Congress passed a law today that made it illegal for a convicted felon to own or possess body armor regardless of how they came to own or possess it, the Supreme Court likely would: a. find it constitutional under the Commerce Clause. b. find it unconstitutional because it is too broad. c. find that Congress exceeded its Commerce powers.
a
If Congress passed a law today that made it illegal for a convicted felon to own or possess body armor that had been "transported, shipped, or received in interstate or foreign commerce," and it was challenged, the Supreme Court likely would: a. find it constitutional under the Commerce Clause. b. find it unconstitutional because it is too broad. c. find that Congress exceeded its Commerce powers.
a, b, a
If a state passes a regulation that impacts interstate commerce, it may violate the (a.) dormant (b) indormant commerce clause. To decide if the regulation is unconstitutional, the court typically balances (a) finances (b) interests of the state against the (a) burdens (b) benefits on interstate commerce.
a
If a student is kicked out of school based on an allegation of cheating but that student does not have an opportunity to present his case to the dean, it is likely a violation of a. procedural due process b. substantive due process c. equal protection d. free speech
d
If you are a farmer who grows and sells only locally, can you correctly conclude that the commerce clause does NOT apply to your activities? a. Yes, because your state legislature may say such. b. b. Yes, because you are engaged in intrastate commerce. c. No, because the commerce clause specifically states that it regulates all commerce. d. d. No, because the commerce clause has been broadly interpreted.
c
Limits access to certain school-related records. a. Gramm-Leach-Bliley Act b. Freedom of Information Act c. Family Educational Rights and Privacy Act d. Privacy Act
b
In addition to the right to assemble peaceably and to petition the government, the First Amendment guarantees which of the following three freedoms? a. Press, Equal Protection, and Speech b. Religion, Press, and Speech c. Due process, Religion, and Equal protection
a
Interwebs began developing sophisticated programs that would take the users location at the time of posting and tag it in the metadata of the post which users can choose to share or not share to their subscribers. Interwebs also created programs that would track which posts users viewed or commented on and would modify the content the user would see based on their predicted preferences. Interwebs would compile all this data and sell it by allowing advertisers to choose which group of users it wanted its ads displayed in front of and charging the advertisers to target specific demographics. When users would first sign up for the site, it required agreement with Interwebs privacy policy which stated that users' data may be "collected and used for a variety of reasons." Unbeknownst to users, the U.S. government was also purchasing and monitoring the information to gain access to users' whereabouts and activities. Is this a violation of the users' constitutional rights? a. Yes, by the government's actions if the data was non-public and users did not consent to its use. b. No, because the individuals waived all their rights to privacy to all data collected upon using the app. c. No, because the Patriot Act gives the government and businesses the authority to monitor all internet activities. d. No, individuals do not have a constitutional right to privacy.
b
Judicial branch a. Enforces the laws b. Interprets the laws c. makes the laws
c
Legislative branch a. Enforces the laws b. Interprets the laws c. makes the laws
symbolic speech
Nonverbal conduct that expresses opinions or thoughts about a subject. It is protected under the First Amendment's guarantee of freedom of speech.
b, c, a
Our government has a system of _______ and balances that allow each branch to limit the actions of the other two branches. For example, the _________ branch can enact a law, but the __________ branch can veto that law. (answer it in order) a. executive b. checks c. legislative
police power
Powers possessed by states as part of their inherit sovereignty. These powers may be exercise to protect or promote the public order, health, safety, morals, and general welfare.
c
Prohibits Congress from interfering with an individual's right to believe what he or she chooses. a. establishment clause b. free speech clause c. free exercise clause
b
Prohibits Congress from restricting the right to criticize the government. a. establishment clause b. free speech clause c. free exercise clause
a
Prohibits disclosure of nonpublic personal information without certain requirements being met. a. Gramm-Leach-Bliley Act b. Freedom of Information Act c. Family Educational Rights and Privacy Act d. Privacy Act
b
Provisions of the Fifth and Fourteenth Amendments guarantee that no person shall be deprived of property without due process of law. This guarantee applies to all "legal persons," meaning: a. individuals only. b. individuals and corporations. c. natural beings, including humans and animals. d. corporations only.
probable cause
Reasonable grounds for believing that a search should be conducted or that a person should be arrested.
d
Regulates agency use and disclosure of data related to individuals. a. Gramm-Leach-Bliley Act b. Freedom of Information Act c. Family Educational Rights and Privacy Act d. Privacy Act
b
Requires that the government be fair and reasonable in its legislation and executive actions. a. Equal protection b. Substantive due process c. Procedural due process
c
Requires that the government give proper notice and opportunity to be heard and follow any established processes. a. Equal protection b. Substantive due process c. Procedural due process
a
Requires that the government treat similarly situated people in a similar manner. a. Equal protection b. Substantive due process c. Procedural due process
c
Social media have become the main channels of speech by many organizations and especially by younger individuals. There have been complaints that some of the "news" generated on social media is, in fact, so-called fake news. Which of the following government actions might be constitutional in order to "cure" the problem of fake news? a. A new requirement that only certified journalists can write online posts and blogs that relate to political actions, events, and opinions. b. A new law that allows the government to fine bloggers for their posts that cannot be verified as truthful and accurate. c. Neither of these.
T
The two main purposes of the free speech clause of the First Amendment are to allow people to freely voice their political opinions and criticize the government. T or F
d
Some of the shareholders of Interwebs met to discuss the leadership of the company and whether it would be in their best interest to sell their shares or use their positions to replace members of the board. In particular, these shareholders made the majority of their wealth from the oil industry and they had vested interests in seeing pro-oil messaging on the site. However, several of the board members were advocates of green energy and saw climate change as a real and human influenced problem. In conversations about "misinformation" those board members wanted any climate-change denial to be considered "misinformation" and subject to content regulations. Can the company regulate speech relating to climate change, including restricting posts of government entities such as the Environmental Protection Agency (EPA) that discusses climate change on their site? a. No, because the motivation behind the restriction is self-interested. b. No, because government speech is protected even on a private site. c. No, because public speech on a corporate website cannot be censored. d. Yes, because government speech is not protected against censorship by an individual or corporation.
F
State laws that allow the use of medical marijuana protect users in those states from federal prosecution. T or F
f
State police powers only authorize the creation and maintenance of police forces. T or F
c
Suppose that the Idaho state statute criminalized any audiovisual recordings of any agricultural production facility, with or without the owner's consent. Would the ruling have been different? a. No, because free speech rights involve a state, rather than a federal question. b. Yes, because there no longer would have been an issue with First Amendment free speech rights. c. No, because the law would have still violated free speech rights.
F
Symbolic speech is not protected by the Bill of Rights. T or F
c
The (a)Gramm-Leach-Bliley Act (b)Privacy Act (c)USA Patriot Act (d)Health Insurance Act greatly expanded the authority of the government to monitor e-mails and Web site visits.
a, a
The (a)rational (b)strict (c)compelling basis test requires that the classification of people at issue in the law be related to a (a) legitimate (b)important (c) intermediate government interest.
a
The Fourteenth Amendment does NOT guarantee: a. Freedom of the press b. Fair process and procedure c. Equal protection of the laws d. Fair content of regulations
T
The Fourth Amendment prohibits unreasonable searches and seizures of persons or property. T or F
b
The People's Freedom Party is a group advocating an extremist political view, which bases its beliefs in a particular religious system. It advocates for the "elimination" of obstacles, including any person who opposes the group. It also advocates for "self-care" meaning that its members should take any and all steps necessary to protect themselves and their families against oppressors. Recently, the group has been put on a terror group watch list and both the Federal Bureau of Investigations as well as the Alcohol, Tobacco, and Firearms divisions of the government have started monitoring the groups' stock-piling of weapons. As part of the case against The People's Freedom Party, the government made copies of posts the group put on its Interwebs profile and then arrested leaders of the group for inciting violence. Is this speech constitutionally protected? a. Yes, because it is based on a religious belief. b. Yes, because it does not specifically call others to actions of violence. c. Yes, because it does not direct violence towards others but rather the protection of the self. d. No, because it incites others to imminent lawless action.
c
The U.S Constitution created a ______ form of a government. a. confederal b. totalitarian c. federal d. anarchic
F
The U.S. Constitution specifically mentions privacy as one of the protected rights of U.S. citizens. T or F
a
The Village of Gratis' City Council created a profile on Interwebs. It regularly posted notices about roadwork which may cause traffic delays, village council meetings, and proposed village ordinances. Interwebs allowed users who followed the Village's profile to post comments. Generally, the comments were benign. However, a disgruntled community member who had a quarrel with a councilman began posting statements challenging the councilman's fitness to serve and competency of the entire council. He was regularly posting 30-50 comments per day, flooding the page. May the Village revoke his (and his alone) ability to post to their profile (assuming Interwebs does not function as a hosting service but is akin to the platform provided by Facebook)? a. Probably not, but Interwebs could if he is in violation of their terms of use. b. Yes, because they have a compelling government interest that outweighs his right to free expression. c. No, because as a class of one, he is not afforded equal protection under the law. d. No, because the government may not censor an individual's speech in any public forum.
T
The compelling government interest test is used by the courts to determine whether a law regulating the content of speech will be permissible. T or F
Bill of Rights
The first ten amendments to the Constitution
Commerce Clause
The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce.
Supremacy Clause
The provision in Article VI of the U.S. Constitution that provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land." Under this clause, state and local laws that directly conflict with federal law will be rendered invalid.
Equal Protection Clause
The provision in the 14th Amendment to the US constitution that guarantees that no state will "deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that state government treat similarly situated individual in a similar manner.
Establishment Clause
The provision in the First Amendment to the U.S Constitution that prohibits Congress from establishing a state- sponsored religion, as well as from passing laws that promote religion or show a preference for one religion over another.
Free Exercise Clause
The provision in the First Amendment to the U.S. Constitution that prohibits Congress from making any law "prohibiting the free exercise" of religion.
Due Process Clause
The provision of the 5th and 14th Amendments to the U.S Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions.
T
To determine whether a law violates the equal protection clause, courts use one of three different standards. These three standards are: Intermediate, strict, and rational basis scrutiny. T or F
d
What powers do the states have to regulate or prohibit private activities? a. zoning powers b. sovereign powers c. oversight powers d. police powers
a
When Congress intends to exclusively control a subject where the U.S. Constitution allows for both states and the federal government to act, courts will use the doctrine of ________ to invalid any state regulations. a. preemption b. taxation c. nationalism d. intentionalism
a
When the language in the Bill of Rights is unclear, which of the following may occur? a. The United States Supreme Court ultimately may decide what the language means. b. The individual state legislatures interpret the unclear language as applied in their states. c. State courts interpret the unclear language for their states. d. The president of the United States issues an executive order to interpret the language.
T
When there is a direct conflict between a federal and a state law, the state law is rendered invalid. T or F
c
Which branches of government determine whether the Constitution allows a legislature to create a particular law? a. In most legal matters, the executive branch determines which laws should be carried out. b. If a federal law affects states, typically state legislatures determine whether that law should be put into effect. c. The federal courts decide almost all issues of the constitutionality of laws.
b
Which of the following restrictions on speech would be considered content-neutral most often? a. A state statute that prohibits college students from writing editorials in their campus newspapers. b. A city ordinance that does not allow public demonstrations to be held after 9 pm. c. A city ordinance that does not allow public discussion of abortion laws.
d
Which of the following would NOT be regulated at the state level? a. Zoning restrictions b. Fire and building codes c. Antidiscrimination laws d. Interstate commerce law
b
Why are there often disputes between the national government in Washington, D.C. and the state governments and their citizens? a. There are not really that many, because the U.S. has a unitary form of government. b. The Constitution does lay out specific powers for each level of government, but uses broad, nonspecific language. c. In our confederal form of government, the states pass laws and the federal government upholds their law
Meta Tags
Words inserted into a Web site's key-words field to increase the site's appearance in search engine results.
a
Your state passes a law prohibiting businesses from supporting political candidates. You challenge the law in court. Will a court uphold that law? a. No, because the law is an unconstitutional restriction of free speech. b. Yes, because commercial speech may be constitutionally restricted. c. No, because the First Amendment protects all speech. d. Yes, because the law only prohibits political speech by businesses, not individual citizens.
a
prohibits Congress from creating a state-sponsored religion. a. establishment clause b. free speech clause c. free exercise clause
Sovereignty
the quality of having independent authority over a geographic area. For instance, state governments have the authority to regulate affairs within their borders.
Checks and Balances
the system by which each of the three branches of the U.S national government (executive, legislative, and judicial) exercises checks on the powers of the other branches.