1. Is speech that consists merely of entertainment without benefit of meaningful ideas protected by the First Amendment? Explain.
2. Explain the Court’s conclusion that the fraternity skit met the Texas v. Johnson test of “an intent to convey a particularized message” and a great likelihood “that the message would be understood by those who viewed it.”
3. a. Should racist/sexist remarks be forbidden in college classrooms?
b. The Stanford University speech code was ruled unconstitutional and the Superior Court judge in that case said, among other things, that the code was “overbroad.” What did he mean?
c. Do we give too much attention to freedom of speech at the expense of community civility? Explain.
4. T.W., a minor, was suspended from school for three days after he drew a picture of a Confederate flag on a piece of paper. The Kansas school, Derby Unified, suspended T.W. because it believed he had violated the district’s “Racial Harassment or Intimidation” policy, which prohibits students from possessing at school “any written material, either printed or in their own handwriting, that is racially divisive or creates ill will or hatred.” Confederate flags were included in a list of prohibited items. The Court found that Derby Unified had a history of racial harassment. Were T.W.’s First Amendment rights violated? Explain.
5. The U.S. Supreme Court and lower federal courts have repeatedly ruled that burning the American flag is speech protected by the First Amendment. Congress often considers a flag protection amendment to the Constitution to make flag burning illegal. Would you favor that amendment? Explain.
George Mason University appeals from a summary judgment granted by the district court to the IOTA XI Chapter of Sigma Chi Fraternity in its action for declaratory judgment and an injunction seeking to nullify sanctions imposed on it by the University because it conducted an “ugly woman contest” with racist and sexist overtones.