MD Bar Constitutional Rights and Liberties 3 — Questions and Answers
Question 1: A public high school principal deletes two articles about teen pregnancy and divorce from the school-sponsored student newspaper produced in a journalism class. The deletion is:
- Unconstitutional, because students retain full First Amendment rights at school
- Unconstitutional, unless the articles would cause substantial disruption
- Constitutional, if reasonably related to legitimate pedagogical concerns (Correct answer)
- Constitutional, because students have no speech rights in school
Correct answer: Constitutional, if reasonably related to legitimate pedagogical concerns
Under Hazelwood v. Kuhlmeier, educators may regulate school-sponsored expressive activities if the regulation is reasonably related to legitimate pedagogical concerns.
Question 2: A suspect in custody invokes his right to counsel during interrogation. Two hours later, without counsel present, detectives return and re-read Miranda warnings, and the suspect confesses. The confession is:
- Inadmissible, because once counsel is invoked, police may not reinitiate interrogation (Correct answer)
- Admissible, because fresh warnings cured the earlier invocation
- Admissible, because the suspect voluntarily waived his rights the second time
- Inadmissible, only if the detectives acted in bad faith
Correct answer: Inadmissible, because once counsel is invoked, police may not reinitiate interrogation
Under Edwards v. Arizona, after a suspect invokes the right to counsel, police may not reinitiate interrogation without counsel present, and a waiver obtained through police-initiated questioning is invalid.
Question 3: A state law prohibits corporations from spending general treasury funds on independent expenditures supporting political candidates. Under current First Amendment doctrine, the law is:
- Constitutional, because corporations are not persons
- Constitutional, because preventing corruption justifies all spending limits
- Unconstitutional, only as applied to media corporations
- Unconstitutional, because independent expenditures by corporations are protected political speech (Correct answer)
Correct answer: Unconstitutional, because independent expenditures by corporations are protected political speech
Citizens United v. FEC held that the government may not ban independent political expenditures by corporations.
Question 4: A city takes private homes by eminent domain and transfers the land to a private developer as part of a comprehensive economic redevelopment plan. Under the Takings Clause, this is:
- Invalid, because property may never be transferred to another private party
- A valid public use, because economic development can satisfy the public use requirement (Correct answer)
- Invalid, unless the area is blighted
- Valid only if the homeowners consent
Correct answer: A valid public use, because economic development can satisfy the public use requirement
Kelo v. City of New London held that economic development pursuant to an integrated plan qualifies as a public use under the Fifth Amendment.
Question 5: A state statute makes it a crime to publish the name of a rape victim lawfully obtained from public court records. A newspaper is prosecuted. The prosecution is:
- Unconstitutional, because truthful information lawfully obtained from public records may be published absent a need of the highest order (Correct answer)
- Constitutional, because victim privacy always outweighs press freedom
- Constitutional, because the press has no special right of access
- Unconstitutional, because the press may publish anything it obtains
Correct answer: Unconstitutional, because truthful information lawfully obtained from public records may be published absent a need of the highest order
Under Cox Broadcasting and Florida Star, the state may not punish publication of truthful, lawfully obtained information from public records absent a state interest of the highest order.
Question 6: A defendant is convicted after the trial judge, who received a salary supplement funded by fines he imposed, denied a recusal motion. The conviction violates:
- The Sixth Amendment right to counsel
- Equal protection, because fines fall unevenly on defendants
- Procedural due process, because a financially interested judge creates an impermissible risk of bias (Correct answer)
- Nothing, because judicial compensation schemes are legislative matters
Correct answer: Procedural due process, because a financially interested judge creates an impermissible risk of bias
Under Tumey v. Ohio, due process is violated when a judge has a direct pecuniary interest in the outcome of cases he decides.
Question 7: Congress conditions 5% of federal highway funds on states raising their drinking age to 21. A state objects that this coerces state policy. The condition is:
- Invalid, because Congress may not influence state drinking laws
- Valid, because it is a modest, unambiguous condition related to the federal interest in safe highways (Correct answer)
- Invalid, because all funding conditions are coercive
- Valid, only if every state consents
Correct answer: Valid, because it is a modest, unambiguous condition related to the federal interest in safe highways
South Dakota v. Dole upheld the condition as a non-coercive, germane exercise of the spending power involving only a small percentage of funds.
MD Bar Constitutional Rights and Liberties 3
A public high school principal deletes two articles about teen pregnancy and divorce from the school-sponsored student newspaper produced in a journalism class.
The deletion is: