Constitutional Law Keyed to Cohenback
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To protect ready access to its capitol building, a state statute provides:
The distribution and sale of any written material within 100 feet of the State Capitol Building shall be prohibited except where:
(i) The person or organization in- tending to distribute the material first obtains a permit from the State Administrator’s Office, which shall be issued at no charge to the first 10 persons or organizations requesting a permit each day, and
(ii) The person or organization does not distribute or sell written materials within 10 feet of any entrance to the State Capitol Building.
A state citizen who was unhappy with a law that was recently enacted went to the main entrance of the capitol building and handed out leaflets criticizing the law. He was soon approached by the building’s security guards, who asked to see his permit. When he was unable to produce one, they cited him for leafleting without a permit.
If the citizen challenges his citation on the basis that the permit statute is unconstitutional under the First Amendment, the court should decide that:CorrectIncorrect
A city amended its ordinance to require that “adult theaters” could not be located either within 100 feet of each other or within 500 feet of any residential area. This zoning requirement was passed to protect the residential character of neighborhoods from destruction. A company owns two adult theaters in the city. One is about 1,000 feet from another adult theater. The second theater is adjacent to a residential area, in violation of the zoning ordinance. The company has filed an action to have the zoning requirement declared unconstitutional.
The court should hold that the zoning ordinance is:CorrectIncorrect
A state seeks to enact a statute to limit or substantially reduce the number of advertising billboards alongside its highways. In order to survive a challenge based upon the First Amendment, one criterion the statute must satisfy should be that it is: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
A man really disliked his neighbors, but only because they were Jewish. He decided to frighten his neighbors,in hopes they would move, and spray-painted their house with epithets and threats that they would be lynched, as well as references to the holocaust. The man was arrested right away, as it was obvious to anyone in the neighborhood who did it, under a state statute providing that ‘‘Any person who threatens violence against another person with intent to cause that person to fear for his or her life or safety may be imprisoned for up to five years.’’ In his defense, the man claimed that he did not actually intend to harm his neighbors,only frighten them, so they would move away from his neighborhood, and that he would never really hurt anyone.
Can the man constitutionally be convicted under this law?CorrectIncorrect