1. A county clerk refused to issue a marriage license to a county resident based on the state's new law prohibiting marriage licenses to residence who owed more than $500 in unpaid property taxes. The resident filed a federal action challenging the state law as a violation of the Fourteenth Amendment.

What standard should the Court use in evaluating this claim:

A. Whether the statute relates substantially to an important government interest.

B. Whether the resident can show that the law has no important public purpose

C. Whether the statute is necessary to serve a compelling state interest;

D. Whether the resident can show that the law has no rational basis.

2. A protestor entered a state courthouse where a case regarding animal welfare was having a trial. In front of the courtroom where the trial was taking place, the protestor spilled fake blood on the floor to protest the defendant company's violations of animal welfare rules. The fake blood was quickly cleaned up without substantial harm to the property. The protestor was charged with violating a state statute that prohibits littering and/or despoiling a state government building.

The protestor sought dismissal of the charge claiming that it violates his First Amendment rights. How should the court Rule?

A. Dismiss the charge as violating the protestor's First Amendment free speech rights. B. Dismiss the charge because the protestor did not damage property to the building. C. Allow the charge because the protestor engaged in conduct rather than speech. D. Allow the charge because the statute was narrowly drawn to further a government interest.

3. A religious college terminated one of its professors for making a post on social media regarding the dangers of Christian nationalism in the United States. The post was made while the professor was at home and was signed in his own name, without any attribution to the college. The college received accreditation and certain financial grants from the State.

The professor challenges his termination as unconstitutional. Did the termination violate the Professor's constitutional rights?

A. No because the college has its own First and Fourteenth Amendment rights to employ only those who embrace the mission of the college. B. No because the college's actions are outside the Court's review under the ministerial exception. C. No because the college's actions were not subject to the First and Fourteenth Amendments. D. Yes because the termination violated the Professor's rights to freedom of speech and free exercise of religion.

4. A pesticide company advertised and marketing its pesticides as safe for humans and pets. A class action was filed against the company, claiming that the pesticides had resulted in the deaths of animals near use of the pesticides, including numerous dogs and cats. The class action pled claims under the state's law for strict liability for harm suffered as a result of factually false advertising. The company moved to dismiss the claim as a violation of its first amendment rights. How should the court rule?

A. Deny the motion because the constitution does not protect false commercial speech. B. Deny the motion because the states regulate pesticides as a matter of health and safety. C. Grant the motion because the class action has not alleged that the company knew the statements were false. D. Grant the motion because the company's claims were protected commercial speech.

5. The city received numerous verified complaints from local businesses that picketing and protests were driving out tourists and hurting tourism-depending businesses. After investigation, notice and comment, the City found that the businesses' concerns were justified and passed an ordinance prohibiting picketing within 10 feet of any business on any issue other than an issue pending in an election within 100 days of that election. Protestors wishing to protest the water use of a City golf course sued the city to overturn the anti-picketing ordinance as violating their free speech rights. Which of the following options best states the probable outcome? A. The city prevails because the ordinance excepted core political speech. B. The city prevails because the ordinance regulated conduct rather than speech. C. The protestors prevail because the ordinance discriminates among protests. D. The protestors prevail because the ordinance regulates speech based on content.

6. A 16 year old high school student, known for streaming himself playing online virtual fighting games, went on a mass shooting spree leaving several city residents dead or seriously injured. In response, the city council adopted an ordinance prohibiting retailers from publicly displaying or selling to any minor child any material that may harm minors due to its violent or sexually explicit content. The city then prosecuted the owner of the gaming store that had sold the student most of his games on the basis that it continued to display advertisements for the virtual fighting games that the student had been known to play.

Which of the following is the best constitutional argument in the store owner's defense?

A. The ordinance violates free speech and expression unless the materials are utterly without redeeming value. B. The ordinance is excessively vague and overbroad under the First and Fourteenth Amendments. C. The ordinance violates free speech because it targets material based on its content. D. The ordinance violates equal protection because it treats minors differently from adults.

7. Individuals from certain countries were found to be involved in certain travel-related terrorism activities. In response, the U.S. Congress passed legislation regarding travel screening procedures that impose additional screening on individuals from the same countries as those involved in the terrorist activities.

Which of the following constitutional provisions would provide the best basis to challenge this legislation?

A. The First Amendment B. The Fifth Amendment C. The Fourteenth Amendment Due Process Clause D. The Fourteenth Amendment Equal Protection Clause

8. A religion practices animal sacrifice as one of its tenets. At a recently religious ceremony, the high priest killed a dog. It is alleged that the killing involved pain to the animal. The high priest was later charged with violation of a statute against animal cruelty. The priest challenged his conviction as a violation of his First Amendment right to free exercise of religion.

Which of the following is the least relevant to resolving the constitutional challenge?

A. Whether there is a longstanding historical practice of permitting animal sacrifice in religious practices. B. Whether animal sacrifice is a true tenet of the priest's religion. C. Whether hunters are permitted to kill animals in a similar manner. D. Whether the animal cruelty statute was passed before or after that religious community moved to the region.

9. Following a longstanding tradition in the white house, the U.S. President announces that he will hold an Easter Egg hunt on Easter Day. An atheist objects to such an event because Easter is a Christian religious holiday. The atheist filed a lawsuit in federal court to enjoin the president from holding this event. What constitutional provision would be the most relevant constitutional provision the objector could raise to try to stop this even?

A. The establishment clause B. The free speech clause C. The free exercise clause D. The freedom of assembly clause

10. A family practices a religion that believes that, when someone dies, their intact body should be buried within 48 hours. A child in the family died of mysterious causes. The medical examiner has insisted on an autopsy to determine the cause of death. There is a state statute that requires an autopsy in any instance of a child death that was not obviously due to natural causes. The parents file a lawsuit to enjoin the medical examiner from performing the autopsy based on their constitutional right to free exercise of religion. How should the court rule? A. Against the parents because the state has a compelling interest in investigating suspicious deaths and the statute is narrowly tailored to further than interest. B. Against the parents so long as the law is applied to all child deaths that were not obviously due to natural causes without exception. C. For the parents because the statute is overbroad in scope. D. For the parents because the statute does not relate to an important state interest.

11. A state education department promulgated a rule that prohibited certain books in school libraries that discuss issues confronting gay and lesbian individuals. The education department found that such books improperly sexualize, or "groom" youths. A group of angry parents opposed the rule and wished to encourage protest over the rule. The parent group took out a full page advertisement in the local newspaper urging citizens to take all necessary steps to oppose the rule. The advertisement published the names of the government officials who had promulgated the rule and their government addresses, and asked that the public pressure the officials to rescind the rule. In response the state officials sent the parent group a cease and desist letter to order them to refrain from running the advertisement going forward. The parent brings a lawsuit to challenge the constitutionality of the cease and desist order. How should the court rule?

A. In favor of the state because of the direction to take all necessary steps combined with specific names and addresses. B. In favor of the state because the state has a compelling interest in preventing undue pressure on government officials. C. In favor of the parents because media advertisements have greater First Amendment protection. D. In favor of parents because the state has no compelling interest justifying the order.

12. A state has noticed an increase in infant mortality due to ingestion of illegal drugs. Research has shown that babies whose parents are using illegal drugs are the most susceptible to such death. The state passes a law requiring that mothers of new borns undergo a drug test before they can take home their newborn children. A mother who tested positive for methamphetamine at a hospital was denied the right to bring home her newborn child.

If she brings an action challenging the constitutionality of the statute, on what basis would she prevail?

A. If she can prove that the state statute is not rationally related to legitimate state interest. B. If the state fails to prove that its statute is rationally related to a legitimate state interest. C. If she can prove that the state statute is not necessary to achieve a compelling state interest. D. If the state fails to prove that the statute is necessary to achieve a compelling state interest.

13. A newspaper publishes an article claiming that the military has an improper right-wing political leaning. As part of the article, the newspaper reported that a military veteran who now works as a school janitor participated in the January 6 protests, including by entering and defacing the capitol. The military veteran filed a defamation claim against the newspaper asking for damages for impairment of his reputation. The newspaper claims that its reporting of this information is protected by the First Amendment.

Which of the following is the least relevant to resolving the First Amendment challenge?

A. Whether the newspaper had knowledge of the falsity or with reckless disregard for the truth. B. Whether the state statute requires a defendant in these circumstances have acted with fault, i.e., at least with negligence. C. Whether the defamation statute is vague and/or overbroad. D. Whether the statement was false.

14. A state passes a law prohibiting Drag Shows, i.e., a show where entertainers impersonate someone of the opposite gender, usually in flamboyant and heavily made-up attire. In response to a First Amendment challenge to the law, the state claims that the drag shows constitute obscenity, which is not protected by the First Amendment.

How would a court rule on this challenge?

A. Against the state, unless the state can show that the statute is substantially related to an important government interest. B. Against the state, unless the state can show that the statute is narrowly tailored to achieve a compelling state interest. C. For the state because obscenity is not protected by the First Amendment. D. For the state because it does not regulate speech.

15. A law prohibits advertising of retail prices of alcoholic beverages. The state legislature explained that the law would further the state's goal of keeping prices high and consumption low. It pointed to the increased use of alcohol in the state and high associated medical costs with alcohol related medical issues.

A liquor store challenges the law as unconstitutional. How should the court rule?

A. For the state because the statute concerns commercial speech which is not protected by the First Amendment. B. For the state because states may limit the sales of alcoholic beverages. C. For the liquor store because limiting medical costs is not a substantial government interest. D. For the liquor store because the law was more extensive than necessary to serve the state's interest.

16. A local school board has become a source of a contentious and nationally publicized fight over the curriculum regarding racial issues. The city is concerned that national interests may inject so much money into the board elections that the board will no longer reflect the will of local interests. Which of the following campaign finance limitations are the most likely to survive a First Amendment challenge.

A. A limit on the amount that corporations and unions may spend on expenditures not made in coordination with a candidate

B. A prohibition on contributions to a candidate within 5 days of meeting with that candidate

C. A prohibition on contributions to a candidate by corporations with more than 100 employees

D. A limit on contributions by any individual or corporate entity to the local political party

17. A state created a special separate school district for one area and authorized its board of education to open and close schools and hire teachers for that district. The area was designed around an exclusive religious community, which practices detachment from the modern world. The religious community had lobbied the state to create the school district so that it could benefit from public funding of education without mixing with individuals of other religion who might contaminate their students with modern ideas.

If the creation of the school district is challenged on the First Amendment grounds, how should the Court rule?

A. For the state because of the free exercise clause. B. For the state because the First Amendment applies to the federal government. C. Against the state because it violates the establishment clause by preferring one religious group. D. Against the state because the state may not provide funding to religious schools.

18. A state established a high school for students who excel in science. Admission was solely on the basis of a competitive examination. Fewer than one third of the applicants were admitted. A student, who is a member of an Indian Tribe, took but failed to pass the test. In fact, no Native Americans were enrolled in the school. The mother sued on behalf of the student claiming that the test violated the Equal Protection clause of the Fourteenth Amendment. The mother claims that due to the content of the test, it can more easily be passed by non-native students.

Based on the information provided, would a court find a violation of the Equal Protection Clause?

A. No, because the test if not facially discriminatory B. No, because there has been no allegation that the test was designed for a discriminatory purpose. C. Yes, if the mother can show that the test has a disparate impact on Native American students. D. Yes, if the mother can show that no Native Americans have passed the test.

19. A club restricts its membership to white males. The club has a city license to sell beer to club members in its clubhouse. A club member proposes his friend for membership in the club, but the friend's membership was rejected because he is black. The friend brought a lawsuit against the club, claiming that its membership policies violated his constitutional rights. How should the court rule?

A. For the friend because the club has a liquor license. C. For the friend because the club is a public accommodation. D. For the friend because the racial limitation is not necessary to serve a compelling government interest. E. For the club.

20. A statute legislature enacted an anti-obscenity statute prohibiting "the selling or offering for sale of any obscene printed or video materials." Following tips from concerned citizens, the police entered the bookstore, examined material from the shelves, and purchased certain magazines containing pictures of actual sexual intercourse. The owner was charged with violating the obscenity law. The owner's defense was that the materials were constitutionally protected speech.

Which of the following would be most helpful to the owner's defense?

A. The materials involved depictions of normal, and not deviant, sexual conduct. B. The materials consisted of serious scientific studies of human sexual urges. C. The police did not have a search warrant to search the store. D. 85% of the citizens of the state believe that the sale of sexually explicit material does not contribute to anti-social behavior.