Con Law 2 ONLY MC
Free exercise potpourri. Which of the following practices would likely be found to violate the Free Exercise Clause?
A city ordinance prohibiting the ritual slaughter of animals that exempts hunting and the kosher butchering of animals.
Adoption angst. The State of Ames permits same-sex couples to serve as foster parents. Recently, however, the State prohibited homosexual couples from permanently adopting children, even those for whom they have been longtime foster parents. During floor debates, several members pointed out that data suggest that married, heterosexual households furnish a more stable home environment for children, and that they opposed adoption by gay couples on that ground. Others expressed hostility toward homosexuals and homosexuality in general. Rob and Steve, longtime foster parents to Amy, wished to adopt her and sued the state, claiming that the ban on adoption was unconstitutional. Which of the following would be helpful to them in overturning the ban?
Any of the above.
Give me liberty or give me due process! Which of the following would likely be a cognizable liberty interest to which due process requirements attach?
Any of the above.
Taxing conditions. In a last-minute effort to close a yawning budget deficit, the State of Ames doubles the tax on cigarettes sold in the state. Convenience store and gas station owners sue, protesting the lack of both notification and hearing prior to the enactment of the tax. The state, they allege, violated the Due Process Clause. A reviewing court should:
Dismiss the suit, because the imposition of the tax was not an adjudicative determination.
Lunchroom liturgy. The student body of a high school in Ames City has elected a student "chaplain" to the student council. The new student chaplain begins a practice of saying grace in the cafeteria before the lunch period. It is student-led, but faculty and staff have tolerated the practice, even participating by standing with the students and bowing their heads. A group of students and their parents object, claiming that the practice violates the Establishment Clause. The group files suit in federal court. The judge hearing the case will likely:
Enjoin the practice, because students are required to be in school and are likely to feel psychological coercion to participate or sit in respectful silence.
Fee simple? Which of the following statutes is vulnerable to a constitutional challenge under the Fourteenth Amendment by an indigent plaintiff? 1. A state statute requiring a $50 fee in order to appeal an administrative eviction decision in a public housing project. 2. A state statute imposing a nonwaivable $100 fee for a marriage license. 3. A state statute imposing a $25 filing fee to file a civil suit in state court.
II only
Public enmity. Ken is a television host whose show "Ken's Korner" is a popular political talk show. An outspoken, self-proclaimed "independent," Ken prides himself on speaking truth to power regardless who is in political power. The local newspaper runs a story claiming that, in reality, Ken is on the payroll of a number of trade groups who pay Ken to publicize their agenda, and that he receives weekly talking points from lobbyists that he works into every show. A furor erupted following publication of the article. Ken's viewership plummeted and his show was canceled. Later the newspaper conceded that the reporter who wrote the story exaggerated the ties that existed between Ken and lobbying groups, making it look like he was doing their bidding. Ken sues the publisher of the newspaper for libel, claiming both actual and punitive damages. Which of the following statements is true?
Ken could recover actual damages by demonstrating that the publisher knew the claims were false or published the claims with reckless disregard as to their truth or falsity.
Child's work. The State of Ames has banned all employment of children under 17 years of age. "Employment" is defined broadly as any job, task, service, or undertaking for which the child receives compensation in cash or in kind. Which of the following parties would have the greatest chance of successfully challenging the statute?
Parents of a 15-year-old who require their son to do housework and yard work in exchange for a weekly cash allowance.
A state that is subject to severe winters generally allows the use of studded tires between October 1 and March 31. However, the legislation allows counties to opt out and prohibit the use of studded tires year round, because studded tires tend to tear up pavement more than nonstudded tires, thus necessitating more frequent road repairs. No other state in the region allows use of studded snow tires at all. The state law contains one exception: it excludes "doctors" from any county ban on the use of snow tires because they might have to cross county lines in emergencies. After the passage of the legislation, only one county in the state invoked its right to ban the use of studded snow tires. A lawyer who lives in the state was angered that the legislature had given special privileges to doctors but not to lawyers. One January day, with studded tires on his car, he drove from his home county, which allowed use of studded tires, into the county that banned them. A sheriff's officer noticed the lawyer's studded tires and cited him. After being convicted and fined, the lawyer appealed. What is the lawyer's best argument for getting the ban invalidated?
The ban on studded snow tires is not rationally related to a legitimate state interest because it will likely result in an increased loss of life.
It's a family affair. Following a scandal that received substantial attention in the press, Ames revised its probate code to prohibit inheritance by adult adoptees if the testator had disinherited his natural children. Julius, a wealthy Ames citizen, had a natural son from whom he had been estranged for many years; he had no other heirs. To prevent his substantial estate from passing to his son, Julius adopted Octavius, an adult with whom Julius was quite close. Julius then made a will naming Octavius as his heir and disinheriting his natural son. After the will was executed, Ames's law was passed. What is Julius's strongest argument against the constitutionality of the Ames inheritance law?
The law is not narrowly tailored to any compelling governmental interest.
A man who belonged to an ancient religion whose rituals require the use of bald eagle feathers traveled to an area where bald eagles were known to roost. After searching the area, he found a fallen eagle feather and returned home. A few weeks later, the man showed the feather to an acquaintance, who happened to be a state park ranger, and explained how the feather was obtained. The ranger informed the man that a state anti-poaching law makes any possession of a bald eagle feather without a special permit a crime. The ranger then cited the man for possession of the feather and confiscated it. At the man's trial for violating the state bald eagle feather possession statute, which of the following constitutional arguments is most appropriate for the prosecution to make?
The statute is a neutral law that only incidentally burdens the man's rights under the First Amendment.
Optical oligarchy. The State of Ames bars opticians from the manufacture of eyeglasses unless pursuant to a prescription from either an optometrist (who has a doctor of optometry degree) or an ophthalmologist (who has a medical degree). McGoo, an optician (who has neither degree), sues, claiming that the law simply places low-cost providers at a disadvantage relative to the other eye doctors. A reviewing court would likely:
Uphold the law, because the legislature could have rationally believed that citizens' health and safety were better served by having licensed eye professionals prescribe eyeglasses.
A state statute makes it a felony for anyone in the corridors or on the grounds of any building in which a court may be in session to make a speech or carry a sign intended to improperly influence judicial proceedings. During a murder trial, a friend of the defendant was arrested under the statute for carrying a sign on the steps of the courthouse bearing the message: "Free the defendant or the judge will die." Can the friend constitutionally be convicted under the statute?
Yes, because the statute does not violate the freedom of expression guaranteed by the First Amendment.
Undue burdens? Which of the following restrictions on abortion would be least likely to pass constitutional muster if challenged?
A five-day period of reflection before an abortion could be performed.
Park it. A section of Main Street in Ames City is a pedestrian thoroughfare offering easy, traffic-free access to public and private buildings. There is a grassy area in the square in which the city has placed benches. All citizens are encouraged to use the area, and local artists have been allowed to display and sell their artwork there. Occasionally, individuals give speeches near the area, in which many people gather. What term best characterizes the space?
A traditional public forum.
A-sign-ment. In 2005, developers broke ground on Ames Garden, a high-end subdivision on the outskirts of Ames City. Luxury homes were sold as fast as builders could erect them. As it turned out, however, many of the purchasers were unable to make their mortgage payments once the recession hit. According to one estimate, two out of every three houses are in foreclosure. Remaining residents are worried about how the high number of foreclosed and bank-owned properties will affect their property values. They persuaded Ames City to ban all yard signs, except those of candidates for political office or "for sale" signs that list the realtor's name and contact information. During the debate on the ordinance several residents of Ames Garden spoke up about how demoralizing it was to see so many "Foreclosure" and "Bank Owned" signs, how they feared that the empty houses would become magnets for criminals and vandals, and how they worried about the impact of all this on their own property values. After the ordinance passed, however, Ames Realty, the largest realtor in town, and the First Bank of Ames, which now owns a substantial number of foreclosed homes, sued in federal court, claiming the ordinance violated the First Amendment. (Ames Realty is employed by the First Bank of Ames to sell the houses that the bank now owns.) If a reviewing judge strikes down the ordinance, it will likely be because:
A. The ordinance is content-based.
A citizen who is unhappy about a recent decision of his city council stood in front of city hall and gave an extemporaneous speech belittling each member of the city council. During the diatribe, the citizen made the following statement: "If there is a God, the city council members will surely burn in hell forever." A state statute, enacted in 1898, prohibited "the public utterance of any blasphemy or sacrilege," and provided criminal penalties for its violation. On hearing the citizen's utterances, a police officer arrested him for violating the 1898 statute. The local district attorney decided to proceed with prosecution of the case, only the third recorded such prosecution in the state's history. Which of the following arguments would NOT be helpful for the citizen's defense?
Application of the statute to the citizen denies him equal protection of the law in violation of the Fourteenth Amendment.
Burger flippin'. Bart, a student at Ames High School, encounters Ken, his biology teacher, at the local KrustyBurger restaurant one day after school has been dismissed. Bart makes an obscene gesture at Ken, whom he does not like; Ken sees Bart do this. At school the next day, Bart is called to the principal's office and suspended for "inappropriate, disrespectful, and vulgar conduct toward school personnel," which is forbidden by the Ames High School code of conduct. If, after Bart files a lawsuit challenging his suspension, a judge rules for him, and orders his suspension lifted and his record cleared, it would likely be because:
Bart's conduct was fully protected by the First Amendment.
A state provided for a public school system based primarily on property tax revenues from the various districts. School districts that had a property tax base below a certain threshold received supplemental funds from the state that were derived from state lottery revenues. The school districts receiving the supplemental funds served a predominantly Hispanic population as compared to the school districts funded only from property tax revenues. To help balance its budget this year, the state legislature passed a statute terminating the supplemental funds program and earmarking the lottery revenues for deficit reduction. A group of parents of Hispanic schoolchildren in one of the school districts formerly receiving supplemental funds filed suit in federal court, alleging that the state's action in terminating the funding violates the Equal Protection Clause of the Fourteenth Amendment. Which of the following best describes the appropriate standard by which the court should review the constitutionality of the state action?
Because no suspect classification or fundamental right is improperly burdened in this case, the parents will have to demonstrate that the statute is not rationally related to any legitimate state interest.
Papers please. Concerned that the patchwork of state laws governing the issuance of drivers' licenses and other forms of identification were a threat to national security, Congress passed a law requiring all U.S. citizens and resident aliens to obtain and carry with them at all times a national ID card, which must be produced when requested by state, local, or federal law enforcement personnel. A number of people vigorously objected to what they saw as "Big Brotherism" run amok; several began to burn their ID cards publicly, in protest. Federal law prohibits "forging, altering, or knowingly destroying or mutilating" one's ID card. When Alex O'Brien is convicted of violating this provision by burning his card in a protest against "big government," he appeals, claiming that the law is unconstitutional. Which of the following scenarios would be most helpful to his claim?
Both A and B.
Congress has recently enacted legislation that makes it a federal crime for any person to interfere with any right conferred by the Equal Protection Clause of the Fourteenth Amendment. The statute may be applied constitutionally in which of the following situations?
By threats of violence, a person coerces the coach of a public high school's basketball team to exclude white athletes from the team solely because of their race.
An automotive engineer announced that he had developed a carburetor that will enable cars to achieve 100 miles per gallon of fuel, and that he will allow the carburetor to be inspected next month. Soon after, a former employer of the engineer brought an action to prohibit the engineer from displaying the carburetor, claiming that the engineer probably had stolen the carburetor's design from the employer. The court granted the employer a temporary restraining order prohibiting the engineer from disclosing any mechanical details of his carburetor, and ordered a hearing to be held in one week to determine whether a preliminary injunction should be issued. Because each party would have to reveal the mechanical details of his designs at the hearing, the employer requested that the hearing be closed to the public and that the record be sealed to avoid revelation of his designs. The court granted the request. A reporter for a monthly automobile magazine heard about the case and wanted to attend the hearing. When he was told that the hearing would be closed, he filed an action to have it opened. What is the reporter's best argument for opening the hearing?
Closure is not necessary to preserve an overriding interest here.
Controversial professor. Drew Chamberlin, a professor at the public Ames State University, writes an op-ed for the local newspaper in praise of suicide bombers' "resistance" to American and "Zionist" attempts at "hegemony" in the Middle East. He apparently airs these views in his "History of the Middle East" class on a regular basis. Outraged over Chamberlin's statements, as well as a classroom incident in which he publicly berated a returning veteran who took his class as being a "tool of the oppressor class," trustees and members of the public demand Chamberlin's ouster. In response to political pressure, Chamberlin is not fired, but is reassigned to less controversial classes. Chamberlin sues, claiming that his reassignment violates his First Amendment rights. If a judge agrees and orders him reinstated, it would likely be because:
Concerns about academic freedom warrant different rules for college professors.
As part of legislation enacted for the stated purpose of improving science skills of schoolchildren, Congress appropriated funds to permit public school teachers who had been certified by state school districts as science lab instructors to provide supplemental science instruction to any students in either public or private schools who did not have access to science lab resources. To help ensure content neutrality, the statute required the instructors coming to the private schools to use portable science labs supplied by the public school districts, which contained the equipment and experiments that the instructors used for the same purpose in the public schools. A citizens' group filed suit in federal district court to challenge the constitutionality of funding the science teachers for private schools, alleging that most of the private schools covered by the statute were religiously affiliated schools. No members of the group have any children in either public schools or private schools affected by the statute. How is the court likely to rule?
Decide the case on the merits in favor of the government, because the legislation defines the context in which instruction can be provided in private schools so as to avoid excessive government entanglement with religion.
Flew process. John, who shares the name of a known terrorist, finds that he is on the federal no-fly list, which complicates his efforts to travel by air. The no-fly list, which is maintained by the Federal Aviation Administration pursuant to a provision in a congressional statute, contains the names of people who are suspected of terrorism and therefore are not permitted to board flights in the United States. John sues, arguing that because he flies for business purposes, his ability to travel is very important to him; thus, he should have received notice and been granted a hearing prior to being placed on the no-fly list by the federal government. His placement on the list, he maintains, violates the Due Process Clause. A reviewing court should:
Dismiss his suit if, despite the importance of flying to John and a chance that additional procedures could keep some people from being erroneously placed on the list, it would be expensive and administratively burdensome for the government to provide a pre-deprivation hearing.
Sudden impact. The University of Ames, the flagship state university in Ames, in an effort to become the preeminent state university in the region, has tightened admissions standards. It now requires that applicants score in the eightieth percentile in one of two standardized college admissions tests, and that they have a high school GPA in the ninetieth percentile. As a result of the changes in admissions standards, the number of eligible African American and Latino applicants fell dramatically relative to the number of eligible Asian American and Caucasian applicants. Studies show that the latter classes of candidates are three times as likely to be eligible for admission as the African American or Latino applicants. An ineligible African American candidate sues, claiming that the new standards violate her right to equal protection under the law. A reviewing court would:
Dismiss the suit because there is no proof of discriminatory intent on the facts.
Borders. The State of Ames recently engaged in redistricting. As a result of the Ames General Assembly's efforts, one irregularly shaped district, District 1, contains over 30 percent of the state's African American population, making it the only district in the state in which a majority of voters are composed of a racial minority. (Caucasians comprise a majority in Ames.) The redistricting was challenged by African American residents of District 1, who claim that the redistricting is unconstitutional. Which of the following facts would be least helpful to their challenge?
Evidence that most African Americans in Ames vote Democrat, and that the Republican-controlled legislature generally sought to pack Democratic voters into districts that already tended to elect Democratic candidates.
Teacher, teacher. Ames City is a racially diverse city in the State of Ames. Recently, the new superintendent of the Ames City School District announced a hiring initiative aimed at filling the ranks of Ames City teachers, which had been depleted by recent retirements. The superintendent announces that she expects that the new cadre of teachers will "look like Ames City," will furnish role models for Ames City's students, and will be diverse enough to serve the needs of minority students in the Ames City school district. To that end, she announces a goal of 30 percent minority teachers in the new round of hiring. Which of the following would be most helpful in defending the constitutionality of the superintendent's initiative?
Evidence that the Ames City school district had systematically refused to hire minority teachers in the past.
Teaching the teacher. Lois, an untenured public school teacher, wrote a letter to the local newspaper expressing opposition to a pending bill that would substantially reform health care in the United States. When it had been published, her principal told her, "Well, since you hate government so much, why don't you just find a job in the private sector?" and proceeded to dismiss her. Lois sues in federal court, claiming that her dismissal violated the First Amendment. A reviewing judge would likely:
Find for Lois, because her letter in no way inhibited her effectiveness in the classroom.
To increase tourism, a city began sponsoring laser light shows, which proved to be very popular. Several charitable organizations received permission from the council to sponsor a show and charge admission to raise money to help support their causes. One of them hired a famous laser light artist to give their show. When the artist arrived, he began setting up his lasers for the show. A city official soon stopped him, informing him that he could use only the city's lasers because the city feared that outsiders might use powerful lasers that could cause eye damage to viewers. The artist told the charitable organization that had hired him that the success of his art depends on the power of his lasers and that he could not produce desirable effects using the city's lasers. The charitable organization appealed to the city, but the city held fast to its rule requiring all laser light artists to use the city's lasers. If the charitable organization files an action against the city, how will the court most likely rule?
Find for the city, because the rule is a reasonable time, place, and manner restriction.
Hair today, gone tomorrow. The Ames City High School Drama Club performs two shows a year. Its spring show is, by tradition, a musical. The students have discretion in the selection and production of the performances, but are supervised by a drama teacher. All students receive academic credit for participating in the club. When the principal learns that the students have decided to perform the 1960s musical Hair, she orders the students to halt production, citing the play's references to drug use and sex, as well as its nude scene, as inappropriate for a high school-age audience. The students sue the school in federal court, alleging that the principal's actions violate their First Amendment rights to free speech. A reviewing judge should:
Find for the school, because its concerns about the content were reasonable.
A public high school publishes a weekly newspaper as part of its journalism class. The student editor-in-chief of the paper wrote an article supporting the legalization of marijuana and showed it to his faculty advisor. The advisor told the editor that while this issue was receiving a lot of media attention in their community, in order to discourage drug use, school policy prohibited the paper from including any drug-related articles. The advisor then told the editor not to include the article in any edition of the paper. A few days later, the editor and faculty advisor were preparing to upload the electronic files for the paper to their printer. The advisor was momentarily called away, and the editor quickly replaced an article on clothing styles with his article on the legalization of marijuana. When the paper came out, the article was the talk of the school. After a brief investigation, the student was removed from his position as editor-in-chief. The student brought suit against the school, claiming that his removal was a violation of his First Amendment rights under color of law. How should the court rule on this issue?
For the high school, because the newspaper involved was a public high school newspaper published as part of a journalism class.
Sikh, and ye shall find. Devout Sikhs are required to wear a kirpan, a ceremonial dagger, wherever they go. Recently, a Sikh boy was suspended from a public school in the State of Ames, under a school policy that prohibits the carrying of knives to school. The policy specifically prohibits the carrying of items that are or can be used as weapons, and covers guns, explosive devices, pellet guns, as well as knives and other items with sharp blades. The school has a "zero tolerance" policy for the carrying of weapons; violation of this school policy carries a mandatory ten-day suspension. The suspended student and his parents sue the school, claiming that his suspension violates the Free Exercise Clause. The trial judge should rule:
For the school, because the policy is neutral and generally applicable.
A city ordinance that gave churches veto power over the grant of liquor licenses for businesses within a quarter mile of the church was struck down by the state's supreme court. In its decision, the court noted that even if the ordinance were not a violation of the federal Establishment Clause, it clearly violated a provision in the state constitution requiring the separation of church and state because it delegated governmental authority to the churches. The supreme court opinion also harshly criticized the city council for passing an ordinance that was clearly a violation of state law. To comply with the court's decision and avoid future criticism, the city council adopted an ordinance prohibiting any cleric from sitting on any public board within the city. A cleric who is currently on a school board within the city brings a suit in federal district court to have the ordinance declared unconstitutional. How should the court rule?
Hold the ordinance unconstitutional, because it violates the Free Exercise Clause.
Playing chicken. A state statute prohibits the killing of any animal "in a manner which causes unnecessary pain or suffering of said animal." Dobson is prosecuted for violating the statute by strangling a chicken as part of a religious ritual in which he participated. Dobson defends on the ground that the state statute as applied in his case unconstitutionally interferes with his free exercise of religion. Consider the following statements: 1. The judge may consider whether Dobson is sincere in his belief that his religion requires the strangling of a chicken. 2. The judge may consider whether the requirement of strangling a chicken is reasonable. 3. The judge may not consider the sincerity of Dobson's belief under the Establishment Clause. Which of these statements is true?
I only
There goes the neighborhood. Concerned over the possibility that continued economic problems in the United States could result in a transfer of American property to foreign hands, the State of Ames passes a law prohibiting aliens from owning more than 30 percent of stock in a corporation chartered in Ames. Frederick, an English investor who is a longtime resident of the United States, seeks to purchase a controlling interest in an Ames corporation. He sues, challenging the stock ownership ban. A reviewing court should:
Invalidate the ban, because owning stock in a private company is not a "political" function.
Bumper sticker blues. DeKalb County, Georgia, has an ordinance prohibiting the display of "lewd" bumper stickers. "Lewd" is defined by the ordinance as "obscene or profane words or images likely to give offense, or to cause shock or alarm to the viewer or reader." Mary Martin was issued a ticket for violation of that order by a county sheriff for a bumper sticker on her car that read, "Shit Happens." She challenges the constitutionality of the ordinance. The judge should:
Invalidate the ordinance because it violates the First Amendment.
Taxation and representation. Ames City just passed an ordinance requiring that one show proof of real property ownership to vote on property tax increases or decreases. Peter, who owns no property in Ames City, sues, claiming that the plan violates the Equal Protection Clause. A reviewing court would likely:
Invalidate the ordinance, because it is not necessary to achieve any compelling governmental interest.
"Bond . . . Municipal Bond." Ames City passed an ordinance prohibiting non-property-owning taxpayers from voting in favor of or against the issuance of municipal bonds out of the general revenue to fund the building, maintenance, or expansion of any public utility. Tom, a resident who rents property in Ames City, sued in federal district court, claiming that this was a violation of the Equal Protection Clause. A reviewing court would likely:
Invalidate the ordinance, because the exclusion of non-property owners from voting is not necessary to any compelling governmental interest.
Upper house hijinks. Voters in the State of Ames recently amended their Constitution, by statewide majority vote, to apportion seats in the lower house of the Ames General Assembly by population but apportion seats in the upper house by geography. Voters who opposed the referendum sue, claiming that the new apportionment scheme violates the Equal Protection Clause. A reviewing judge should:
Invalidate the scheme, because it dilutes the votes of citizens electing members of the upper house of the Ames General Assembly.
D-i-v-o-r-c-e. The State of Ames imposes obligations of alimony following a divorce on husbands, but not on wives. According to the state, the intent is to provide financial assistance to needy women following the dissolution of a marriage. When Ken and Barbie divorced in Ames, the judge awarded alimony to Barbie, despite the fact that Barbie earns twice Ken's salary. Ken sued, claiming that the Ames statute violates the Equal Protection Clause. A reviewing court should:
Invalidate the statute, because it relies on outmoded gender stereotypes.
Scarf snafu. Disturbed by the prospect of religious conflict in its increasingly diverse public school system, the Ames General Assembly passes a law prohibiting the wearing of religious ornamentation at school, defined as any "item of clothing, headgear, jewelry, or other accessory worn on the body that symbolizes, announces, advertises, or signifies attachment to a particular religion, religious sect, or denomination." If challenged, the law would likely be:
Invalidated, because it targets religious, but not secular, conduct or belief.
Curricular kerfuffle. The State of Ames legislature recently passed a law requiring all biology classes to teach "intelligent design" if the theory of evolution is taught. Intelligent design rejects evolution, arguing that it is scientifically impossible for living things to have evolved through numerous genetic mutations. Which of the following could a court rely on to support a finding that the legislature's law violated the Establishment Clause?
Legislative statements from the floor debate over the law in which supporters claimed evolution was "anti-Christian" and theories like intelligent design had to be introduced to combat the influence of "secular humanism."
A state's constitution authorizes a state reapportionment board to redraw state legislative districts every 12 years. During the most recent reapportionment process, consultants had provided the board with two alternative plans for reapportionment. One plan provided for districts with less than a 3% difference in proportional representation between districts. The other plan was drawn up to conform state legislative districts as nearly as possible to county borders, resulting in differences in proportional representation between districts of up to 12%. The current apportionment of legislative districts results in differences of up to 15% between districts. The board ultimately selected the reapportionment plan based on county borders, and this plan was approved by the state legislature. A Caucasian resident and registered voter of the state brought a constitutional challenge to the reapportionment in federal court. His claim is based on the fact that, as a result of the plan that the board selected, the percentage of the African-American voting population in the district in which he lives increased from 45% to 55%. Had the other plan been selected, the percentage would have been unchanged in his district. In the absence of a federal statute applicable to the state, is the resident likely to prevail?
No, because preserving political subdivisions is a legitimate state interest that justifies the plan's variance in representation.
A man from a foreign country obtained a doctorate in political science from a state university and applied to teach there. The man was denied employment at the university under a state law requiring all teachers within the state to be United States citizens. Is the state's citizenship requirement constitutional as it applies to the man?
No, because the citizenship requirement is not necessary to achieve a compelling state interest.
Informed consent? The State of Ames General Assembly recently passed an abortion statute. Among other provisions, the statute contains an informed consent provision requiring a woman seeking a pre-viability abortion to receive information regarding the procedure 24 hours in advance of the procedure. The literature describes the procedure, fetal growth, and mentions alternatives to abortion, including adoption. A nurse or doctor distributes the material and then answers questions. No abortion can be performed—except in an emergency—for 24 hours after distribution of the material. In addition, a woman seeking an abortion, in addition to receiving literature, must submit to an ultrasound. The age and development of the fetus are recorded by the doctor (with the mother's personal identifying information omitted) and the ultrasound is shown to the mother. Presenting the statute to the Assembly, its chief sponsor said, "This will reduce the number of abortions performed in this state. What mother would knowingly kill her baby once she sees its picture there on the ultrasound machine sucking its thumb and moving around in her womb?" Would a court likely uphold the Ames statute if it is challenged in a lawsuit?
No, because the purpose was to place an obstacle in the path of someone seeking a pre-viability abortion.
Intending to encourage long-time resident aliens to become American citizens, a state passed a law denying numerous state and municipal jobs to persons who had been resident aliens for longer than 10 years. Those already in the state had to apply for American citizenship within a year after the law took effect. Persons who had acquired resident alien status prior to achieving the age of majority had until age 30 to acquire such status or be automatically disqualified from obtaining such a job. A 40-year-old man who has been a resident alien in the state for 15 years applied for a job as a police emergency response telecommunications expert. He had not filed for citizenship within the one-year grace period. May the state constitutionally rely on the statute to refuse to hire the man?
No, because the reasons for application of the law to the man do not appear compelling.
The federal government recently constructed a radio telescope in Puerto Rico. In addition to receiving radio signals, the telescope was set up to beam radio waves far out into space. As part of the bill providing for operational funding for the facility, Congress provided for a program to "inform any aliens who might be listening in outer space of the 'American Way of Religion.'" A $10 million appropriation was provided; any religious group whose membership exceeded 500 members in the United States was permitted to prepare a five-minute presentation, and the federal government would pay for the recording of the presentations and broadcast them into space using the transmitter in Puerto Rico. The President signed the bill and it became law. A religious group with a large following in Europe, but only 100 members in the United States, protested and filed suit. Will the court find the religious broadcasts to be constitutional?
No, because the requirement of a minimum number of members violates the First Amendment.
To raise revenue, a city erected billboards on the sides of all government buildings and planned to sell the space for commercial advertising. A city ordinance provided that any advertiser could rent the space, provided the activity or product advertised was legal and had "nothing to do with politics" because the city sought to "avoid controversy." The owner of a bookstore that specialized in political books sought to lease a billboard on a city building to place an ad. In addition to selling books, the owner conducted daily reading and study groups in the store on various political philosophies. The proposed ad implored onlookers to come to the bookstore to study communism at the store at 6 p.m. nightly. The ad was rejected by city officials. If the owner files an appropriate suit against the city in federal district court asserting violation of her First Amendment rights, is she likely to prevail?
No, because the restriction is viewpoint neutral and reasonably related to a legitimate government purpose.
A matter of degree. The State of Ames sponsors a scholarship program that awards ten scholarships to outstanding students in the state. The scholarship provides for four years of college, including room, board, tuition, and books, as well as a summer abroad during that four years. One of this year's winners enrolls at a private, religious college and takes on a degree program preparing him for the ministry. After he is interviewed by a local paper, suit is filed to force the state to exclude those studying for the ministry from the scholarship program. The suit claims the would-be minister's inclusion violates the Establishment Clause. Would a reviewing court likely agree?
No, because the scholarship program is offered on a neutral basis and religion benefits, if at all, indirectly and through the exercise of individual choice.
To combat rising insurance rates, a state formed a state-owned insurance company that operated exclusively within the state. The company provided insurance on the basis of premiums calculated according to a schedule of fees. Under the schedule, premiums for residents of a particular city were 25% higher than the premiums for any other municipality in the state. Forty percent of that city's residents were of Mexican descent compared with a state-wide Mexican-American population of approximately 15%. A Mexican-American citizen living in the city brings suit, alleging that the state insurance company's rate structure violates the Equal Protection Clause. Will the citizen's suit prevail?
No, unless the citizen shows that Mexican-American citizens pay higher rates than similarly situated non-Mexican-American citizens of that city.
Abate hate. In response to a rash of anti-homosexual graffiti and verbal taunts of Ames City's homosexual population, the City Council passes an ordinance banning the placement "on public or private property graffiti which one knows or has reason to know arouses anger, alarm, or resentment in others on the basis of their sexual orientation." Previous cases have interpreted the ordinance to cover "fighting words." Tim is prosecuted under the ordinance for writing "AIDS Kills Gays Dead" and "God Made Adam and Eve, Not Adam and Steve" on posters advertising an upcoming AIDS benefit. Steve's conviction should be
Overturned, because the ordinance regulates on the basis of viewpoint.
I slam Islam. In response to worldwide violence over the publication of allegedly blasphemous depictions of the Prophet Muhammad, a "Free Speech Now!" rally was held in Ames City, the capital of Ames. One of the speakers, an outspoken conservative radio talk show host, said that the reaction of Muslims worldwide demonstrated that it was a backward and intolerant religion and that many Muslims are bent on proving they are enemies of freedom. He was scheduled to tour the State of Ames, repeating the same speech. In response, the Ames Muslim community warned that they would stage counter-demonstrations wherever he spoke. At one subsequent rally, supporters of the speaker and Ames Muslims clashed before he was scheduled to speak. In the midst of his speech, after refusing police requests to stop, the talk show host was arrested and charged with disorderly conduct. He was convicted after a trial, and he appealed his conviction. A reviewing court should:
Reverse his conviction because his speech was protected by the First Amendment.
McDonald-land massacre. During an anti-globalization protest in Washington, D.C., participants heard from a variety of speakers who denounced globalization in general and multinational corporations in particular. One speaker, David, pointed toward a McDonald's across the street from the park in which the protest was being held, called for "regime change in McDonald-land," and led the crowd in the following chant: "McDonald's is for clowns. We oughta burn it down." David then relinquished the microphone and left the stage without incident. The following week, the McDonald's was put to the torch by unknown persons. David is charged with violating a local law against inciting someone to damage the property of others. He is convicted. On appeal, David argues that his speech was protected by the First Amendment. The appeals court should:
Reverse his conviction if he did not actually intend anyone to do something unlawful.
Obscene scene. The State of Ames prohibits the sale of "obscene" material, defined by statute as any material "that, considered as a whole, appeals to the prurient interest, and lacking serious literary, artistic, political, or scientific merit, depicts sex in a patently offensive manner according to contemporary community standards." Bill Bookseller is convicted of violating Ames's ordinance for selling "Girls Gone Crazy" videos in his bookstore, which feature amateurs posing nude for a video crew. Bill appeals his conviction. A court of appeals would likely:
Reverse the conviction because the Ames statute fails to follow the Miller test.
DPA, DOA? Citing a study alleging that a high percentage of durable powers of attorney (DPAs) are either forged or obtained through fraud or undue influence, the Ames General Assembly has prohibited the delegation of medical decisionmaking authority to surrogates. Wendy, the wife and designated surrogate of Bill, who is in a persistent vegetative state, would like to exercise her authority and remove her husband's ventilator. Wendy sues, claiming that the law violates the Due Process Clause. A reviewing court would likely:
Strike down the law because it is not narrowly tailored.
A city council passed an ordinance providing: "No person may contribute more than $100 annually to any group organized for the specific purpose of supporting or opposing referenda to be voted on by the city electorate or regularly engaging in such activities." If the ordinance is challenged in federal court, how should the court rule on the constitutionality of this ordinance?
Strike it down, because it violates First Amendment rights of free speech and freedom of association.
Alien nation. The Union of Solid Americans (USA) is a nativist organization dedicated to the eradication of illegal immigration. At a recent rally Gerry Swanson, the self-described "commander-in-chief" of the USA, said, "If I had my way, the fence we built along the border would be electric!" He made references to "fajitas" and "refried beaners" and closed his speech saying that "although I am a law-abiding citizen, the time may come when law-abiding citizens might have to take back our country from the illegals by any means necessary, including deadly force!" Swanson was arrested and charged with violating a state law making it a crime to "advocate the duty, necessity, or propriety of violence as a means for accomplishing political reform." Swanson claimed that his prosecution violated the First Amendment. A reviewing judge should rule for:
Swanson, because his speech did not include a call for imminent illegal acts.
A state bans the use of disposable diapers to reduce the volume of nonbiodegradable material in its landfills. The ban was a boon for diaper services within the state, but many parents of young children were displeased with the use of conventional diapers. With support from retail establishments that lost business from the disposable diaper ban, a grass roots coalition formed to fight the ban funded a study showing that the trucks and cleaning supplies used by diaper services within the state harmed the environment more than disposable diapers. The coalition and retailers then filed suit seeking to have the ban on disposable diapers declared unconstitutional. If the court strikes down the statute, on which of the following constitutional provisions would its decision most likely be based?
The Due Process Clause.
A state was suffering from a near-depression caused by layoffs in the tourist service industry. In an attempt to alleviate the problem, the state enacted a statute providing for the immediate hiring of 100,000 employees to repair, maintain, and otherwise work at the discretion of the state director of highways. The statute further stated that preference would be given to persons who had worked in the tourist service industry for five years and had been laid off. Which of the following constitutional provisions would be most relevant in determining the constitutionality of the preference for tourist service industry workers?
The Equal Protection Clause of the Fourteenth Amendment.
To provide jobs for its citizens, stimulate future tourism, and help the environment, a state legislature enacted a statute authorizing the state's department of parks and recreation to hire up to 5,000 persons to plant trees on land in the state that has been denuded of trees by overlogging. Among other things, the statute provides that resident aliens may be employed only if no United States citizens are available to fill the necessary positions. In a challenge to the constitutionality of that provision by a plaintiff with standing to raise the claim, which of the following constitutional provisions would be most helpful to the plaintiff?
The Equal Protection Clause of the Fourteenth Amendment.
A state statute provides that no alien may own a restaurant within the state and that it is unlawful for anyone to give, sell, or otherwise convey a restaurant to an alien. A citizen of Canada who legally resides in the state has entered into a contract to buy a restaurant located within the state from a restaurant owner. If the buyer and the seller join in a declaratory judgment action to test the state statute in a federal court, which of the following is true?
The burden of proof is on the state to show that the statute is necessary to achieve a compelling state interest.
A state statute makes criminal "all speechmaking, picketing, or public gathering of any sort on the steps of the supreme courthouse Monday through Friday, between the hours of 8:30 a.m. and 4:30 p.m., when court is in session." A citizen is upset about a supreme court decision that was just released and stands on the steps of the courthouse at noon, while court is in session, handing out leaflets and exhorting passersby to vote the state supreme court justices out of office. If the citizen is prosecuted for violation of the statute, which of the following best describes the applicable burden of proof?
The citizen will have to show that there was no reasonable basis for enacting the statute.
A state's highway speed limits were 65 miles per hour in its flat land regions and 55 miles per hour its mountainous regions. To reduce traffic fatalities and combat the fact that most of the vehicles on state highways were exceeding posted speed limits, the state legislature proposed banning the use of radar detectors. Citizens in the mountainous regions of the state, where most of the state's highway fatalities occurred, generally supported the ban, but citizens in the flat regions of the state opposed the ban, so the legislature adopted a law banning use of radar detectors on any road with a speed limit below 60 miles per hour. A driver whose car was equipped with a radar detector lived in the mountainous region of the state but frequently drove to the state's flat region. While on a mountain highway with a posted speed limit of 55 miles per hour, the driver was pulled over by a state trooper for speeding. While approaching the driver's car, the state trooper noticed that the driver's radar detector was turned on. The trooper ticketed the driver for both speeding and illegal use of a radar detector. The driver challenges his ticket for use of the radar detector, arguing that it is unfair to allow people in the flat lands to use radar detectors while prohibiting residents of the mountainous region from using them. Which of the following statements is correct regarding the burden of proof in such a case?
The driver will have to prove that the ban is not rationally related to a legitimate state interest.
A critically acclaimed movie that had received a number of awards opened in a small town. The film had portrayals of nudity and scenes involving sexuality, but its advertising was very tasteful and concentrated on its critical acclaim and its receipt of seven Academy Award nominations. Nevertheless, when the movie opened in the small town, there was a public outcry against it, including picketing. The town, which had been founded in the late nineteenth century by a fundamentalist religious group, remained very conservative and highly religious, and was the only community in the state where a consensus of the community would find the movie to be obscene. The town prosecutor went to the local court seeking an injunction to halt the showing of the movie. The theater owner refused to voluntarily stop showing the film and appeared in court to defend against the proposed injunction. What is the owner's best defense?
The film has proven artistic merit.
A state passed a law requiring that anyone holding himself out to be a private investigator in the state must be licensed by the state. Licensure requirements included a thorough background check into the person's criminal record and mental health. It also required passing a test on ethical obligations of a private investigator. Finally, the investigator was required to sign a two-part oath. Part one was a loyalty oath, which stated: "I solemnly swear (or affirm) that I will be loyal to the United States and to the state and will uphold their Constitutions." Part two stated: "I solemnly swear (or affirm) that I am not now a member of any organization that advocates illegal acts, nor will I become a member of any such organization while I am a licensed private investigator in this state." An experienced investigator with a master's degree in criminal justice administration applied for a private investigator's license. He easily passed both background checks, but he refused to take the oaths, claiming that they inhibited his freedoms of speech and association as guaranteed by the federal Constitution. The state professional licensure board denied him a private investigator's license solely on the basis of his refusal to take the oaths. The investigator sued in federal court to require the state to grant him a license and to strike down the oath requirements in the licensure statute. What is the court's likely ruling?
The loyalty oath is constitutional, but the membership oath is unconstitutional.
In an effort to standardize laws pertaining to the solicitation of business by mail, Congress adopted a statute establishing certain requirements that must be met before an organization can solicit business through the mails. A national religious organization that solicited charitable contributions by mail determined that the federal statute would substantially interfere with the successful accomplishment of the organization's religious objectives. The organization files suit seeking a declaratory judgment that the federal law may not be applied to its solicitation activities. Which of the following, as a matter of constitutional law, best describes the burden that must be sustained?
The organization must demonstrate a specific congressional purpose to inhibit the accomplishment of the organization's religious objectives.
A city's water board election laws provide that, although members of the board are elected at large, one member of the board is required to live within each of the five designated water districts within the city. The city's population was more or less evenly distributed among the districts when this election law was enacted. A resident and registered voter of the city investigated the district residency requirement and discovered that most of the city's newer residents had moved into the same two water districts, so that the city's population was no longer evenly distributed among the five water districts. Instead, 80% of the city's residents lived within its central and eastern water districts, while the other 20% of the city's residents were scattered among its three other, more rural, districts. If the resident files suit in federal court challenging the constitutionality of the residency requirement, how will the court most likely rule?
The residency requirement is constitutionally permissible because the water board members are elected at large.
A town adopted an ordinance providing that a person must have been a resident of the town for at least one year to be eligible to vote in school board elections. A resident who moved to the town seven months ago attempted to register to vote in the school board elections scheduled for the next month. However, the town clerk refused to register the resident because he will not have resided in the town for a full year prior to the election. The resident filed a class action suit on behalf of all of the new residents of the town, challenging the validity of the one-year residency requirement. Which of the following statements is correct?
The resident will prevail even if the matter is not decided until after next month's election.
A state law required all automobile drivers to carry liability insurance; however, because of the high number of auto accidents in the state, the cost of insurance became prohibitive. A study sponsored by the state legislature showed that males under the age of 21 were four times more likely to get into automobile accidents than any other group, including females in the same age group. The study predicted that prohibiting males under the age of 21 from driving would result in a 15% reduction in all other persons' automobile insurance rates. Ultimately, the legislature raised the minimum age for obtaining a driver's license to age 21 for males. Females were still allowed to obtain licenses at age 16. An 18-year-old male living in the state when the limit was raised, and who worked as a pizza delivery driver, was fired from his job and replaced by a 17-year-old female. If the young man sues to have the law set aside and prevails, what is the most likely reason?
The state could not prove that the law was substantially related to an important government interest.
To protect its citizens from the fluctuating price of energy, a state formed a state-owned electric company that operated exclusively within the state. The company provided electricity to residents of the various cities within the state on the basis of a rate schedule that reflected the historic costs associated with servicing each city. Under the schedule, electricity rates for citizens of a particular city were 15% higher than the premiums for any other city in the state. A group of residents from that city brings suit in state court to require the state electric company to make the premiums equal for everyone. What is the most likely result?
The state electric company will prevail, unless the residents show that there is no rational basis for higher rates.
A state statute prohibits aliens from owning land and makes it illegal to sell land to aliens. A landowner who entered into a contract to sell property to an alien brought an action to challenge the statute. The alien, however, did not participate in the action. What is the landowner's strongest constitutional argument against the validity of the statute?
The statute denies the equal protection of the laws to aliens.
Adherents of a particular religion whose tenets focused mostly on business practices forbade women from studying their sacred texts. A group of college students who were adherents of that religion applied to use an empty room at their state college to study sacred texts. The school permitted numerous student groups to use its facilities for extracurricular activities during times when classes were not in session. However, the school administration denied the requests from the group in question, claiming that it would be in violation of a state statute forbidding any group using public facilities to discriminate on the basis of race or gender. The students brought an action in federal court challenging application of the statute to them by the school administration. If the court finds the actions of the school valid, what is the most likely reason?
The statute is the least restrictive means of advancing the state's compelling interest in ending discrimination by groups using public facilities.
A state adopted legislation making it a crime to be the biological parent of more than two children. The stated purpose of the statute is to preserve the state's natural resources and improve the quality of life for the state's residents. A married couple has just had their third child. They have been arrested and convicted under the statute. Which of the following is the strongest argument for voiding the convictions of the couple?
The statute places an unconstitutional burden on the fundamental privacy interests of married persons.
A state study indicated that an inordinately high percentage of homeless in the state were afflicted by alcoholism or addiction to illegal drugs. The legislature therefore decided to levy a special tax, with all proceeds marked for rehabilitative services for the homeless. However, the legislators determined that direct taxes on alcoholic beverages would be resented by the citizenry. Lobbyists from the state's growing wine industry also objected to anything that would retard the industry's development. There were no breweries or distilleries within the state. Thus, a tax was eventually passed requiring newspapers and magazines of general circulation published in the state to be taxed at a rate of 20% on all advertising space sold for beer or distilled spirits promotions. For certain historical reasons, a high proportion of the advertising revenue of a particular small newspaper within the state came from beer and wine ads. The publisher of the small paper filed suit to have the tax declared unconstitutional. A major wholesale beer and liquor distributor located within the state and several out-of-state brewers and distillers who sold and advertised their products in the state also joined in the suit as plaintiffs. If the tax is declared unconstitutional, what is the most likely reason?
The tax infringes on freedom of the press, which is guaranteed by the First and Fourteenth Amendments.
The mayor of a town received several complaints from residents regarding the growing number of adult theaters and nude dancing establishments in a nearby town. To allay fears, the mayor asked the town's attorney what could be done to prevent or at least limit such establishments from setting up business in their town, which currently follows a zoning plan that provides for residential, commercial, and light industrial uses. Which of the following most correctly describes the town's constitutional options?
The town may revise its zoning ordinance to limit the location of adult theaters and nude dancing establishments to control the secondary effects of such businesses.
After a state supreme court overturned the conviction in a murder case for failure to give proper Miranda warnings, a reporter asked the murder victim's father to comment on the case as he exited the supreme court building. The father made the following statement: "Each one of the so-called supreme court justices is worse than a murderer, because they make it possible for more sons and daughters to be murdered. I'd like to see every one of them strung up, like they should have done to the creep who was set free, and if someone will give me a rope I'll go in there and do it myself." A state statute proscribes, with criminal penalties, "the making of any threat to the life or safety of a public official for any act the official performed as part of the official's duties in office." Which of the following is correct regarding the statute?
The victim's father could not be constitutionally punished under these circumstances, but the statute is constitutional on its face.
Playing army. As part of a protest against continued American military involvement in Iraq and Afghanistan, Stark Young staged a play in which the main character, played by Young, was vampire who wore a U.S. Army uniform and preyed on innocent young women who represented various countries in which the Army was conducting military operations. Young was convicted under a federal statute that prohibited the use of uniforms or insignia of the United States armed forces in plays, movies, or on television in any manner that "tended to discredit" the military or its members. The statute is likely to be found:
Unconstitutional, because it is viewpoint-based.
E-lab-oration. Concerned that its school-age children are falling behind those elsewhere in the United States and in the world, the State of Ames has passed legislation providing funding for updating science labs and for hiring experienced science teachers in both public and private schools. Opponents noted that 90 percent of private schools in Ames are sectarian schools, and that including those schools would violate the Establishment Clause. The amended bill passed and was immediately challenged in federal court by a civil liberties group as unconstitutional. A reviewing court would likely:
Uphold the bill, because it is part of a general scheme of aid offered to both public and private schools.
A man of conviction. Frank is convicted of murder in an Ames state court. Frank appeals his conviction to the Ames Court of Criminal Appeals, which affirms it. Convinced that his conviction was erroneous, Frank seeks an appeal to the Ames Supreme Court. The court, however, requires a $250 filing fee to process a Petition for Leave to Appeal. Frank is indigent and cannot afford the fee; there is no exception for indigency, however. Frank sues in federal court, claiming that the filing fee requirement violates the Fourteenth Amendment. A reviewing court should:
Uphold the filing fee requirement, because Frank has no constitutional right to review by the state supreme court.
On the merits. Voters in the State of Ames approved an initiative amending the state constitution to prohibit state universities from considering any factor other than high school grade point average and SAT or ACT score in making admissions decisions. Opponents of this initiative sue, claiming that the purpose is to prohibit admissions offices from taking race into account as part of an effort to secure for Ames's universities the benefits of a diverse student body. The initiative, they claim, violates the Equal Protection Clause. A reviewing court would likely:
Uphold the initiative, because it does not mention race and did not single out racial minorities for particular disadvantages.
Noises off. Ames City has a vibrant downtown area known as The Flatts, which is home to a number of bars, restaurants, and clubs. In recent years, vacant buildings in The Flatts have been converted to condominiums and lofts, which are occupied by professionals attracted by The Flatts' proximity to Ames City's central business district. However, the professionals occupying the new real estate have complained about the noise emanating from the bars and clubs. In response, the Ames City Council passed a noise ordinance prohibiting amplified music audible from the street after 11:00 p.m. on Sunday through Wednesday, after 12:00 a.m. on Friday night, and after 2:00 a.m. on Saturday night. A local band, the Dixie Pixies, sued, claiming that the ban violated the First Amendment. A reviewing judge should:
Uphold the ordinance, because it is a valid time, place, and manner restriction.
Drop the cop. The State of Ames requires that all uniformed police officers retire at age 50 in an effort to ensure their physical fitness and mental. The law does not apply to detectives or other plainclothes police officers. Phil sues, claiming that the law violates equal protection. He notes that many officers under 50 are neither physically fit nor mentally alert. He also argues that it is a violation to single out uniformed cops for this treatment while allowing detectives 50 years old and older to remain on the force. A reviewing court should:
Uphold the requirement, because the fit between the means and ends need not be especially precise, as long as it is not completely without foundation.
Snakes alive! Consider the following state statute: Handling snakes so as to endanger life—Penalty. It shall be unlawful for any person, or persons, to display, exhibit, handle, or use any poisonous or dangerous snake or reptile in such a manner as to endanger the life or health of any person; provided, however, that this provision shall not apply to persons engaged in the scientific or zoological study or display of such snakes or reptiles and those persons under their direct supervision. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred and fifty dollars ($150), or by confinement in jail not exceeding six (6) months, or by both such fine and imprisonment, in the discretion of the court. Jeff Brown is a member of a fundamentalist Christian sect that believes the Bible commands the faithful to take up serpents and drink poison. He argues that the statute violates the Free Exercise Clause. If he files a motion for declaratory judgment that the statute is unconstitutional, a judge is likely to:
Uphold the statute, unless there is evidence of discriminatory purpose or effects.
Pursuant to an edict recently issued by the elders of their religion, a mother and father instructed their son who just turned age 14 to report to a community woodworking shop instead of school. A state law requires all children to attend school until the age of 16, and the woodshop does not qualify as a school under state law. Because the parents did not report their son's absence, a truant officer visited the family and warned them that parents who willfully refuse to comply with the mandatory attendance law are subject to a $500 fine and up to 30 days in jail for each day of noncompliance. The parents listened, but informed the officer that they could not comply with the state law because of their religious views. The following day, the 14-year-old again went to work in the community woodshop instead of to school. His parents were then arrested and charged with violating the state mandatory school attendance law. At the parents' criminal trial, which of the following may the court constitutionally consider in determining guilt or innocence?
Whether the parents sincerely believe the tenets of their religion.
A recent law school graduate was offered a job as an aide by a state legislator. The legislator told the graduate that before she could begin working, she had to take the following loyalty oath: "I swear to uphold our state and federal Constitutions; to show respect for the state and federal flags; and to oppose the overthrow of the government by violent, illegal, or unconstitutional means." The graduate told the legislator that the oath is unconstitutional and refused to take the oath. Is the graduate correct?
Yes, as to the promise to respect the flag.
A bill in the hand. Ames City recently passed an ordinance prohibiting the distribution of handbills or leaflets anywhere within the city limits. Supporters of the ordinance describe it as an effort to combat littering and to encourage conservation of paper. Does this ordinance violate the First Amendment?
Yes, because it is not narrowly tailored.
Based on recommendations of a state commission studying the effect of pornographic films on violent criminal activity, a state adopted legislation banning films intended for commercial distribution that appealed as a whole to the prurient interest in sex of the average person in the community, portrayed sex in a patently offensive way to citizens of the state, and which a reasonable person in the United States would find had no serious literary, artistic, political, or scientific value. In ruling on a constitutional challenge to the legislation from a film distributor in the state who was convicted of distributing films in violation of the legislation, will the federal court likely find the legislation to be constitutional?
Yes, because it uses a national "reasonable person" standard for determining the social value of the work.
A township located in a farming community was composed mostly of persons belonging to a specific religious sect. To help instill proper respect for authority in children, which was a central tenet of the sect, and to maintain order in the classroom, the local school board allowed teachers to inflict corporal punishment. Such punishment was inflicted on a fourth grader in a township school immediately after his teacher saw him pulling a girl's hair. Neither he nor his parents belonged to the religious sect. When the boy's parents learned of the incident, they hired an attorney. Rather than suing the teacher for battery as permitted under state law, the attorney brought an action against the teacher under a federal statute providing a cause of action for damages against any government employee who deprives a person of his constitutional rights. Should the court find the policy allowing corporal punishment to be constitutional?
Yes, because the punishment was not grossly disproportionate under the Eighth and Fourteenth Amendments.
The state passed a law stating that "only persons living with their parents or guardians who are bona fide residents of the state shall be entitled to free public education; all others who wish to attend public schools within the state may do so, but they must pay tuition of $3,000 per semester." A 15-year-old girl moved in with her friend so that she could attend the public schools in the state, and the state legislature passed the tuition statute just as she completed her junior year. The girl wants to complete her senior year in the state high school, but cannot afford to pay tuition. If the girl sues in federal court to strike down the tuition statute, is the court likely to rule that the statute is constitutional?
Yes, unless the girl can show that the statute is not rationally related to a proper state interest.
