Constitutional Law Keyed to Cohenback
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To discourage the consumption of alcohol, a city adopted an ordinance prohibiting any advertisements of liquor prices except within the stores in which alcoholic beverages are sold. After the ordinance was adopted, a store located within the city that had regularly advertised its liquor prices experienced a 30% decrease in sales. The owner was not given personal notice of the city council meeting at which the ordinance was adopted. If he had been, as the owner of the city’s largest volume dealer of alcoholic beverages, he would have spoken against the adoption of the ordinance.
If the store owner brings suit to have the ordinance declared unconstitutional, how should the court rule?CorrectIncorrect
A scientist who had worked in a secret government biological weapons laboratory for 15 years was laid off when funding for the lab was eliminated by Congress. After unsuccessfully looking for another job, the scientist wrote a book detailing some aspects of his research in hopes that it would sell well in the scientific community. After reviewing the book before its publication, the government requested that the scientist edit out certain material that the government thought might jeopardize national security. When the scientist refused to make the requested changes, the government filed suit to enjoin publication of the book.
Which of the following standards should the court apply in determining whether to grant the injunction?CorrectIncorrect
To help reduce a rising crime rate among teenage boys in a city, a priest decided to organize an overnight jamboree to get teens interested in scouting. The priest met with the city’s parks commissioner and requested a permit to camp at a large city park located on the oceanfront. The parks commissioner told the priest that a city ordinance prohibited large organized use of the park during the evening and all overnight camping. The commissioner explained that the city wished to keep the park open for general use during the evening, when most people were off work, and the park was cleaned overnight. The priest brought an action in federal district court, seeking to compel the city to allow overnight camping for this one special occasion.
If the court determines that the ordinance is valid, what will be the basis for its decision?CorrectIncorrect
In response to a tremendous increase in begging in the downtown area of a city, the city council enacted an ordinance that required anyone soliciting for charitable contributions of any sort in any public place to wear an identity card issued by the local police department. Identity cards could be obtained by completing an affidavit providing the applicant’s identification and address information and further affirming that the applicant was not soliciting for personal use and belonged to a recognized charitable organization.
A member of an anti-tobacco charitable organization wishes to solicit contributions by similarly minded persons for use in his organization’s campaign against public smoking. He does not want to comply with the identity card ordinance. He comes to you for legal advice and asks whether he should challenge the ordinance in federal court.
You should advise that the ordinance is probably:CorrectIncorrect
A stripper protested in front of the City Church on Sunday morning. The stripper was upset about church support for anti-pornography legislation proposed by the City Council, screamed as loud as she could, “Kill all ministers afraid to look at skin.” A large audience gathered to watch the stripper, who had received much media attention. The stripper was arrested and charged with violating a local statute that provides, “No speechmaking or protesting shall be permitted within seventy-five feet of a church on Sunday mornings.”
If the stripper challenges the constitutionality of the statute, which of the following choices is best?CorrectIncorrect