KY Bar Constitutional Rights and Liberties 5

Question 1

A newspaper publishes the name of a rape victim lawfully obtained from public court records. The state fines the paper under a privacy statute. The fine is:

Accepted Answer

Unconstitutional, because truthful information lawfully obtained from public records may not be punished absent a state interest of the highest order

Answer

Under Cox Broadcasting and Florida Star, the First Amendment protects publication of truthful, lawfully obtained information from public records absent a compelling need.

Question 2

A defendant's lawyer fails to inform him that his guilty plea will result in mandatory deportation. The defendant seeks to withdraw the plea. Under Padilla v. Kentucky, he must show:

Accepted Answer

Deficient performance and a reasonable probability he would have rejected the plea and gone to trial

Answer

Padilla held that failure to advise on clear deportation consequences is deficient performance, and prejudice requires showing the plea decision would likely have differed.

Question 3

A town's zoning board denies a permit for a mosque while routinely approving similar permits for churches, citing vague traffic concerns. The strongest constitutional claim is:

Accepted Answer

Selective, discriminatory application of a facially neutral law violates free exercise and equal protection

Answer

Even neutral laws applied in a discriminatory manner against a particular faith trigger strict scrutiny under the Free Exercise and Equal Protection Clauses.

Question 4

A state statute automatically suspends drivers' licenses of drivers who cause accidents unless they post security, with no consideration of fault. Under procedural due process, the scheme is:

Accepted Answer

Invalid, because a license is a protected interest and fault is relevant, so some pre-deprivation inquiry into liability is required

Answer

Bell v. Burson held that licenses are protected entitlements and suspension procedures must consider the relevant question of fault before deprivation.

Question 5

Congress enacts a law banning private possession of firearms within 1,000 feet of any school, with no jurisdictional element or commerce findings. Under United States v. Lopez, the law exceeds:

Accepted Answer

The Commerce Clause, because gun possession near schools is not economic activity substantially affecting interstate commerce

Answer

Lopez struck down the Gun-Free School Zones Act because non-economic, intrastate possession lacked a substantial effect on interstate commerce.

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Constitutional Rights and Liberties 5