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MULTIPLE-CHOICE QUESTIONS

    6. An organization called the National Anarchist Party (NAP) asserts that government should be abolished. NAP’s slogan is, “What if they made a law and nobody obeyed?” Its published literature urges all persons to violate laws, no matter how logical they might seem, and in this way to help bring about the abolition of government.

    While in law school, Arthur joined the NAP for the purpose of acquiring material for a book which he was writing. Although he had heard that the NAP was a dangerous and subversive organization, Arthur thought its members to be fools, and believed their slogan and literature to be too ridiculous to ever convince anybody of anything. So that he could have access to NAP records, he volunteered to be Party Secretary. In his capacity as such, he frequently kept minutes of meetings, which he then distributed to all members. Arthur knew that others in the Party hierarchy frequently wrote and distributed handbills to members and non-members. All of these handbills contained the NAP slogan and urged the deliberate violation of laws. Arthur never intended to help convince anyone to believe in or act on the group’s mission to abolish government. Eventually, Arthur wrote a book about the NAP entitled “The Lunatic Fringe.” When he finished law school and applied for admission to the bar, his application was rejected. The state bar examiners stated that the only reason for the rejection of Arthur’s application was a state law which provided that “No person shall be licensed to practice law who has belonged to any organization advocating unlawful activity.” If Arthur brings an appropriate judicial proceeding for an order directing the state bar examiners to admit him to practice law, should Arthur win?

    (A) Yes, because he joined the NAP for the purpose of gathering information for a book which he was writing.

    (B) Yes, because he did not intend for the NAP to succeed in convincing people to violate laws.

    (C) No, because he knew that the NAP advocated unlawful conduct when he joined the organization.

    (D) No, because he played an active role in the NAP’s activities.

    7. A statute of the state of Mammoth requires pay television stations to set aside one hour of air time per week to be made available without charge for the broadcasting of spiritually uplifting programs produced by recognized religious organizations. The statute further provides that air time thereby made available shall be equally divided among Jewish, Roman Catholic, and Protestant organizations. A religious organization known as the American Buddhist League produced a spiritually uplifting program, but was advised by several pay television stations that it could not be broadcast under the statute. The American Buddhist League has instituted a proceeding in federal court challenging the constitutional validity of the Mammoth statute.

    The clearest reason for finding that the statute is unconstitutional is that it violates

    (A) the Free Exercise Clause, in that it treats religions unequally.

    (B) the Establishment Clause, in that it is not closely fitted to furthering a compelling governmental interest.

    (C) the Equal Protection Clause, in that it applies only to pay television stations.

    (D) the Supremacy Clause, in that broadcasting is an area already subject to extensive federal regulation.

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