UT Bar Constitutional Law 1 — Questions and Answers
Question 1: What standard of review applies to content-based restrictions on speech under the First Amendment?
- Rational basis review
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Reasonableness review
Correct answer: Strict scrutiny
Content-based restrictions on speech are presumptively unconstitutional and must survive strict scrutiny, requiring a compelling government interest and narrow tailoring.
Question 2: Under Mathews v. Eldridge, which factors determine how much procedural due process is required before a government deprivation?
- Private interest, risk of erroneous deprivation, and government's interest (Correct answer)
- Severity of penalty, nature of the right, and public benefit
- Historical practice, government purpose, and individual harm
- Statutory authority, regulatory necessity, and public convenience
Correct answer: Private interest, risk of erroneous deprivation, and government's interest
Mathews v. Eldridge established a three-factor balancing test weighing the private interest at stake, the risk of erroneous deprivation, and the government's interest.
Question 3: Which level of scrutiny applies to gender-based classifications under the Equal Protection Clause?
- Rational basis
- Intermediate scrutiny (Correct answer)
- Strict scrutiny
- Compelling interest test
Correct answer: Intermediate scrutiny
Gender classifications are quasi-suspect and subject to intermediate scrutiny, requiring the government to show an important interest achieved by substantially related means.
Question 4: Under Brandenburg v. Ohio, the government may constitutionally punish speech when it is:
- Offensive to community standards of decency
- Likely to cause general public disorder
- Directed to inciting imminent lawless action and likely to produce such action (Correct answer)
- Critical of government officials and damaging to their reputations
Correct answer: Directed to inciting imminent lawless action and likely to produce such action
Brandenburg requires that speech be both directed to inciting imminent lawless action AND likely to produce such action before the government may restrict it.
Question 5: The Establishment Clause prohibits government from:
- Limiting religious expression in public forums
- Making any law respecting an establishment of religion (Correct answer)
- Requiring permits for religious gatherings on public property
- Regulating the internal affairs of churches
Correct answer: Making any law respecting an establishment of religion
The Establishment Clause prohibits government from making laws respecting an establishment of religion, including laws that favor or disfavor any religion.
Question 6: Under Employment Division v. Smith, a neutral, generally applicable law that incidentally burdens religious practice:
- Is always unconstitutional under the Free Exercise Clause
- Must satisfy intermediate scrutiny to be upheld
- Is generally constitutional without heightened justification (Correct answer)
- Must be supported by a compelling government interest
Correct answer: Is generally constitutional without heightened justification
Smith held that neutral, generally applicable laws that incidentally burden religion do not violate the Free Exercise Clause and need not satisfy heightened scrutiny.
Question 7: Under the Takings Clause, when the government physically invades private property, even minimally, what result follows?
- Compensation is required only if the invasion is permanent
- The invasion must satisfy intermediate scrutiny before proceeding
- No compensation is required for minor or temporary invasions
- A per se taking occurs requiring just compensation (Correct answer)
Correct answer: A per se taking occurs requiring just compensation
A physical invasion of private property, however minimal, constitutes a per se taking under Loretto v. Teleprompter Manhattan CATV Corp., requiring just compensation.
UT Bar Constitutional Law 1
What standard of review applies to content-based restrictions on speech under the First Amendment?