Chapter 3 - Forums of Freedom
Samantha goes to a public school where a plaid uniform skirt is a required uniform for girls. To bring awareness to national violence against trans gender people, Samantha decides to wear the boys uniform pants. Samantha is expelled from school for violating the uniform policy and subsequently sues the school. What is the first question the court will ask regarding her claim that her act of wearing pants in violation of the uniform policy?
Whether Samantha is engaging in symbolic speech
The Houston branch of The Reformed Adult Brotherhood of American Buddhist Surfer Dudes need to find some quick cash to get to LA over Spring Break. They begin peacefully begging for money at Houston Intercontinental Airport. Airport security kicks out the Buddhist Surfer dudes for soliciting funds. Surfer dudes file suit claiming the right to Solicit funds in a public forum under the First Amendment. The Airport wins if it shows:
the airport is not a public forum because the "principle purpose" of an airport is transportation, not the exchange or expression of ideas
In Hazlewood School District v. Kulmeier, The Supreme Court ruled that Hazlewood School District violated the students' First Amendment rights because the school newspaper was a traditional public forum.
False
Billie Sue wishes to publish an editorial concerning the use of Xtc (the illegal drug) among Santa Fe High School students in the school newspaper. Billie Joe Principal says, "No" because the school policy states, " we ought not talk about ugly things like illegal drugs and there is to be no ecstasy of any kind in Santa Fe, Texas." Billie Sue files suit for abridgement of First Amendment rights. Billie Joe Principal will win the suit if he demonstrates which of the following:
The School District regulation is reasonable and will cause a substantial material disruption to the school.
Billie Sue's daughter, Lillie Sue, did not make the cheer squad of Juvane High School this year. This was a big deal because Lillie Sue was the cheer captain of her YMCA squad since she was five years old. Outraged, Billie Sue decides to mobilize 40 of the YMCA Cheer moms to picket and chant outside the school during the first football game of the year. Billie Sue and the Cheer moms are arrested by the campus police officers for "out cheering" the Juvane High School Cheerleaders and violating the Juvane School District policy that prohibits protesting at a school in the district. Billie Sue and "the moms" sue the School District for violating her constitutional rights. Billie Sue and "the moms" will win because:
The school district was unable to prove a substantial material disruption had occurred as a result of the dueling cheerleaders.
In Tinker v. Des Moines School District, where we get the Tinker test, it was found that schools cannot restrict symbolic speech unless the speech causes a substantial material disruption of school. The desire to avoid unpleasantness is not enough.
true
Which of the following acts of symbolic speech are not protected speech under the first amendment?
burning a draft card
Any regulation limiting content-based expression in places that are considered traditional public forums are subject to:
strict scrutiny
The NRA wishes to hold a Rally and Ammo Mixer with speeches, BB-Q, and a marksmanship contest at the Capitol building in Austin, TX. The City of Austin rejects the application for the permit stating city ordinance does not allow citizens to shoot guns at the Capitol. The NRA files suit claiming shooting guns is central content to their political beliefs and expression. How will a federal judge most likely rule in this case?
Agree with the City of Austin that public safety is a compelling state interest in this instance
Freedom of expression can be curtailed in which of the following instances:
- When serving in the military - While employed, during employment hours - If the manner of expression is incompatible with the normal activity of a particular place at a particular time
In order for a content-based regulation to pass constitutional scrutiny the following must be true:
-it must serve a compelling government interest - it must be narrowly tailored to achieving the goal - it must use the least restrictive means to do so
Joe Bob, Jimmy and Billy Sue routinely show up to protest at the City's abortion clinic. Their protests include carrying oversized photos of aborted fetuses, signs that say God loves your baby, and blowing loudly on a shofar (a biblical bullhorn). Most Saturday and Sunday mornings Joe Bob stands in the middle of the street blowing the shofar and Billy Sue approaches women going into the clinic offering hugs and prayers. Women stop to talk but often run into the street to avoid Billy Sue. Councilwoman Jones has to pass the clinic every weekend to do her Saturday grocery shopping and get to her Sunday morning worship service and she is fed up with the traffic congestion caused by the protests. She is considering ordinances that will address this issue. Which of the following would most likely be held constitutional?
An ordinance that prevents anyone from interfering with traffic by standing in the road or obstructing a sidewalk.
