Question 1

George burns an American flag in his backyard. He films his actions and posts the video on YouTube.com. George's actions are

Accepted Answer

The burning of the American flag is considered symbolic speech and is protected by the First Amendment of the U.S. Constitution as a form of free expression. Therefore, George's actions in burning the flag and posting the video on YouTube are protected by the Constitution.

Question 2

Congress enacts a law that sets out a rigorous medical-device premarket approval process for the U.S. Food and Drug Administration to follow. The law includes a preemption provision. Moe is injured by a device that underwent the process and files a claim under New Hampshire state law to recover for the injury. The court will most likely rule that

Accepted Answer

The presence of a preemption provision in the federal law means that it is intended to preempt any state law claims that would conflict with it. Therefore, Moe's state law claim would be preempted by the federal law, and the court would rule in favor of the defendant based on federal preemption.

Question 3

The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers, Dave confesses to a crime and implicates his friends. The Constitution protects against

Accepted Answer

The answer of The police obtain a search warrant and...

Question 4

A federal law regarding the labeling of pesticides directly conflicts with a state law. The state law will be rendered invalid due to the

Accepted Answer

The supremacy clause states that federal law takes precedence over state law in cases of conflict. Therefore, the federal law regarding pesticide labeling would render the conflicting state law invalid.

Question 5

Serenity City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be

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Question 6

Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is

Accepted Answer

The First Amendment protects the right of corporations to engage in political speech. This includes expressing opinions on political issues and participating in the political process through donations or other means. While there may be varying opinions on the appropriateness of corporations engaging in political speech, the First Amendment allows for it to occur.

Question 7

Martin, a U.S. citizen, feels that a recently enacted federal law is unfair. He assembles a group of friends and they write a petition to the government. Martin and friends then stand quietly in front of the White House with signs declaring their belief that the law is unfair. Under the First Amendment, Martin has a right to

Accepted Answer

The First Amendment guarantees the right to freedom of speech, assembly, and petition. Martin's actions of assembling with friends and petitioning the government by presenting a written petition and peacefully protesting in front of the White House are protected by the First Amendment. Therefore, Martin has the right to both assemble peaceably and petition the government.

Question 8

Beachside City enacts an ordinance that bans the distribu?tion of all printed materials on city streets. Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials ban to be

Accepted Answer

The ban on distributing printed materials on city streets would likely be considered an unconstitutional restriction on free speech. The First Amendment protects individuals' right to freedom of expression, including the right to distribute materials such as handbills. While the city may have legitimate concerns, such as keeping streets clean and orderly, such concerns cannot override the constitutional rights of individuals.

Question 9

Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will most likely be struck down under

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Question 10

Don, a U.S. citizen, is the owner of Egrets Unlimited, Inc. Egret's competitors include Feathered Friends Company (FFC), which is owned by Greg and Huey. The Bill of Rights embod?ies a series of protections for Don against types of interference by

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Question 11

ViolentVideoGames, Inc. markets a variety of shooting, fighting and hunting video games. A state statue is enacted that requires all video game manufacturers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be

Accepted Answer

The state statute requiring labeling of excessively violent video games would likely be challenged as an unconstitutional restriction of speech. Video games, like other forms of media, are generally considered protected speech under the First Amendment, and government regulation of the content of such speech is subject to strict scrutiny by the courts. The statute would likely be found to be too broad and vague, and not narrowly tailored to serve a compelling government interest.

Question 12

In 2013, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid if it directly advances a substantial government interest

Accepted Answer

The Supreme Court has established the Central Hudson test to determine the constitutionality of restrictions on commercial speech. The test requires that the restriction must advance a substantial government interest and must not go further than necessary to achieve that interest. Option A reflects this requirement. Option B is incorrect because "how far" a law goes is an important consideration in determining its constitutionality. Option C is incorrect because the affected parties cannot decide how far a law goes in its application. Option D is incorrect because a law that goes further than necessary is considered overly broad and unconstitutional.

Question 13

Bailey, the president of Carmichael Commodities Company, claims that certain actions by the federal government and by the state of Delaware infringe on rights guar?anteed by the Bill of Rights. All of these rights limit

Accepted Answer

The Bill of Rights only limits the actions of the federal government, not state governments like Delaware's. Therefore, Bailey's claim may only apply to actions taken by the federal government.

Question 14

California enacts a statute to ban advertising in "bad taste." This stat?ute would likely be held by a court to be

Accepted Answer

Advertising is considered a form of commercial speech and is therefore protected under the First Amendment. The government cannot simply ban commercial speech based on its subjective opinion of what is in "bad taste." Such a statute would likely be seen as an unconstitutional restriction on speech.

Question 15

Julia is a U.S. citizen. She establishes a website that posts threatening messages about celebrities. Her website is

Accepted Answer

While freedom of speech is protected by the First Amendment, it does not protect speech that directly threatens individuals. Posting threatening messages about celebrities on a website is not protected by the First Amendment.

Question 16

Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts to all her friends. The t-shirts are an example of

Accepted Answer

The t-shirts are an example of symbolic speech because they use a symbol or design to convey a political message. This type of speech is protected by the First Amendment.

Question 17

Savers Mart, Inc., distributes its merchandise to retail outlets on an inter?state basis. Under the commerce clause, Congress has the power to regulate

Accepted Answer

The commerce clause gives Congress the power to regulate any commercial activity that has an impact on interstate commerce, including activities that cross state lines. Therefore, the fact that Savers Mart, Inc., distributes its merchandise on an interstate basis means that Congress has the power to regulate its activities under the commerce clause.

Question 18

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the

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Question 19

Machismo Motor Sales Corporation regularly advertises its off-the-road vehicles, all-terrain vehicles, and other products. Under the First Amendment, these ads and other commercial speech are given

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Question 20

Tami's Tasty Tacos, a fast food outfit, files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

Accepted Answer

The commerce clause of the U.S. Constitution gives Congress the power to regulate commerce between states. Therefore, if a state law imposes a substantial burden on interstate commerce, it may be found unconstitutional. This is because such a law may interfere with the free flow of goods and services between states. Tami's Tasty Tacos is claiming that a Texas state law violates the commerce clause, which means that it is arguing that the law places a substantial burden on interstate commerce.

Quiz 2: Constitutional Law