OR Bar Constitutional Rights and Liberties 2

Question 1

Under the First Amendment, a content-neutral restriction on speech must satisfy which standard of review?

Accepted Answer

Intermediate scrutiny requiring a significant government interest and narrow tailoring

Answer

Content-neutral speech regulations are subject to intermediate scrutiny and must be narrowly tailored to serve a significant government interest while leaving open alternative channels of communication.

Question 2

The Establishment Clause is BEST understood to prohibit which of the following?

Accepted Answer

Government action whose primary effect advances or inhibits religion without secular purpose

Answer

Under the Lemon test and subsequent doctrine, the Establishment Clause prohibits government action lacking a secular purpose or having the primary effect of advancing or inhibiting religion.

Question 3

A public employee is fired for posting on social media about a matter of public concern during off-duty hours. Under Garcetti v. Ceballos and Pickering, the court will weigh:

Accepted Answer

The employee's free speech interest against the government's interest in efficient workplace operations

Answer

The Pickering balancing test requires courts to weigh the employee's interest in commenting on matters of public concern against the government employer's interest in promoting efficient public services.

Question 4

Which doctrine holds that the government may not condition a benefit on the surrender of a constitutional right?

Accepted Answer

The unconstitutional conditions doctrine

Answer

The unconstitutional conditions doctrine prevents the government from using the leverage of withholding benefits to coerce the waiver of constitutional rights.

Question 5

Under the Free Exercise Clause, a neutral law of general applicability that incidentally burdens religious practice is subject to:

Accepted Answer

Rational basis review under Employment Division v. Smith

Answer

Employment Division v. Smith held that neutral, generally applicable laws incidentally burdening religion need only satisfy rational basis review, not strict scrutiny.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Constitutional Rights and Liberties 2