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j300 chapter 3 review

j300 chapter 3 review - J300 Fargo Spring 2009 Study Guide...

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J300 – Fargo Spring 2009 Study Guide for Chapter 3 The questions below are designed to help you study as you read Chapter 3 of the Trager- Russomanno-Ross textbook. There are no guarantees that all of these questions will be on the exam, and there may be questions on the exam that are not here (from lecture notes and additional readings, for example). 1. What is categorical balancing? What is ad hoc balancing? How are they used in First Amendment law? o Categorical balancing is when a judge or a court develops rules by weighing different broad categories, such as political speech, against other categories of interest, such as privacy. Comes into play frequently when disruptive speech or school audiences are central to a case. Courts have used categorical balancing to rule that entire categories of speech are largely unprotected by the First Amendment; ex. blackmail. Governments power to punish speech depends on how much harm the speech is likely to cause. If the harm is cataclysmic, society’s interest in preventing the crisis is more likely to outweigh concerns about protection of speech. o Ad hoc balancing : making decisions according to the specific facts of the case under review rather than to more general principles. 2. What is a “chilling effect” on free expression? o A chilling effect arises from any practice that discourages the exercise of a constitutional right. In First Amendment law, it is brought about by any measure that deters freedom of expression. o The USA Patriot Act of 2001 was designed to identify suspicious activity and speed the interception and prosecution of terrorists. The act also raised concerns among critics that its unclear definitions of “terrorism” and “support for terrorism”, and it increased some people’s fear that they might be investigated and punished. The law’s secrecy provisions hampered their ability to inform the nation about the state of the country’s security>>had a chilling effect on speech. 3. In regard to public forum law, how has the Supreme Court viewed public schools? o The S.C. generally has viewed public schools and universities—including school sponsored events, publications, funding and physical spaces—as limited public forums. Under public forum doctrine, schools may impose reasonable content-neutral time, place and manner regulations on student speech activities to advance educational objectives. AKA schools and universities may adopt regulations to achieve their educational goals even if the rules incidentally limit the freedom of speech of students and teachers. 4. What three-part formula does the Court use to determine when schools may regulate
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student expression? o
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j300 chapter 3 review - J300 Fargo Spring 2009 Study Guide...

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