MD Bar Constitutional Rights and Liberties 3

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:

Accepted Answer

Constitutional, if reasonably related to legitimate pedagogical concerns

Answer

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:

Accepted Answer

Inadmissible, because once counsel is invoked, police may not reinitiate interrogation

Answer

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:

Accepted Answer

Unconstitutional, because independent expenditures by corporations are protected political speech

Answer

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:

Accepted Answer

A valid public use, because economic development can satisfy the public use requirement

Answer

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:

Accepted Answer

Unconstitutional, because truthful information lawfully obtained from public records may be published absent a need of the highest order

Answer

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.

(MD Bar) Maryland Bar Exam Practice Test

(MD Bar) Maryland Bar Exam Practice Test

MD Bar Constitutional Rights and Liberties 3