1. What is the holding inWest Virginia Board of Education v. Barnette(1943)?

A.

The First Amendment protects an individual's right to display "a red flag as a symbol of opposition by peaceful and legal means to organized government."

B.

"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein."

C.

"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."

D.

Schools may suspend students because "failure to conform is 'insubordination'" and may even be "dealt with by expulsion."

1. Which argument best captures Justice Frankfurter's objection to the majority's opinion?

A.

The courts sometimes must come to the defense of religious minorities.

B.

The flag salute does not require anyone to believeanythingand students have ample opportunity to voice their dissent of the exercise once the ceremony is over.

C.

The courts are better positioned to consider the constitutionality of legislation, and the judiciary's decisions are binding on the other branches of government.

D.

True patriotism is not created by compelled exercises ofalligence.

1. What did the Court hold inNational Endowment for the Arts v. Finley(1998)?

A.

Governments may "selectively fund on viewpoint over alternatives, but only if meaningful opportunities exist for others to express thoseviewpoints elsewhere."

B.

Governments may "not engage in viewpoint discrimination."

C.

Governments may "selectively fund a program to encourage certain activities it believes to be in the public interest, without at the same time funding an alternative program which seeks to deal with the problem in another way."

D.

Governments may "not selectively fund one viewpoint to the exclusion of others."

1. Which of the following examples contains an instance of viewpoint discrimination?

A.

The university organizes an on-campus program for students to learn about the First Amendment. As part of the program, the university holds an "open mic" session, inviting students to voice their opinions about the First Amendment's free-speech clause. But the university restricts participation to women only.

B.

The university organizes an on-campus program for students to learn about the First Amendment. As part of the program, the university holds an "open mic" session, inviting students to voice their opinions about the First Amendment's free-speech clause. But the university restricts participation only to those students who have positive things to say about the First Amendment.

C.

The university organizes an on-campus program for students to learn about the First Amendment. As part of the program, the university holds an "open mic" session, inviting students to voice their opinions about the First Amendment's free-speech clause. But the university restricts participation only to those students who wear a mask and comply with other COVID-19 reduction measures.

D.

The university organizes an on-campus program for students to learn about the First Amendment. As part of the program, the university holds an "open mic" session, inviting students to voice their opinions about the First Amendment's free-speech clause. But the university restricts participation only to those students who restrict their comments to the topic, namely free speech.

1. What is the holding inRust v. Sullivan(1991)?

A.

"The Court must defer to the expertise of the administrative agency."

B.

"A doctor who wished to offer prenatal care to a project patient who became pregnant could properly be prohibited from doing so because such service is outside the scope of the federally funded program."

C.

"The Government may notdiscriminatedon the basis of viewpoint by choosing to fund one activity to the exclusion of the other."

D.

"The Government can, without violating the Constitution, selectively fund a program to encourage certain activities it believes to be in the public interest, without at the same time funding an alternative program which seeks to deal with the problem in another way."

1. Which summary best captures Justice Blackmun's dissenting argument?

A.

The governmental regulation at issue constitutes a clear instance of viewpoint discrimination and there is no justifiable reason to withhold information about abortion to women seeking family planning advice.

B.

The governmental regulation at issue constitutes an instance of viewpoint discrimination and women have a right to information about abortion.

C.

The governmental regulation at issue does not constitute an instance of viewpoint discrimination and there is no justifiable reason to withhold information about abortion to women seeking family planning advice.

D.

The governmental regulation at issue does not constitute an instance of viewpoint discrimination and therearejustifiable reason to withhold information about abortion to women seeking family planning advice.

1. In Rumsfeld v. FAIR, the Supreme Court upheld the Solomon Amendments because. . . .

A.

. . . the Solomon Amendments simply involved a government decision to selectively fund one viewpoint over another.

B.

. . . the Solomon Amendments regulated conduct, not speech.

C.

. . . the Solomon Amendments constituted a permissible form of viewpoint discrimination.

D.

. . . the Solomon Amendments, like the First Amendment, do not apply to private law schools.