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Guided Questions
1. Basic Supports of a Free Society
a. What rights are guaranteed to U.S. citizens
by the First Amendment?
b. To what level of government did the Bill
of Rights originally apply?
c. What are the two reasons why a Bill of Rights was added to the U.S. Constitution?
d. What was the impact of Gitlow v. New York?
e. Today, what trend has developed at the state level to enlarge the federal Bill
of Rights?
f. What is habeas corpus, an ex post facto law and a bill of attainder?
g. How have the Bill of'Rights been applied
to the states?
2. Religion: A Wall of Separation
a. What is meant by an "establishment of
religion"? Why did our colonial experience prompt this prohibition?
b. Why did Congress enact the Religious Freedom Restoration Act of 1993?
c. How does the "free exercise" clause affect the right to freedom of worship?
3. Free Speech and Free People
a. Why did Justice Holmes believe that free
speech was the best test of truth?
b. How does the Constitution distinguish speech, belief, and action?
c. Indicate the differences between protected and unprotected speech under the: bad
tendency test; clear present and danger test; preferred position doctrine.
d. Why is freedom of speech fundamentally important to democracy?
e. Why is the Supreme Court skeptical of all forms of prior restraint?
f. Why does the Supreme Court challenge restrictions on speech that it regards as
vague or overly broad?
4. Protected/Non-Protected Speech
a. What is libel? Why are public and private persons treated differently under libel
laws? What is the significance of the New York Times v. Sullivan?
b. How much authority do local communities have in declaring materials obscene?
c. What groups have formed a coalition to oppose pornography?
d. How has the Canadian Supreme Court redefined obsenity?
e. What is the position of the Supreme Court on Speech Codes?
f. Why is commercial speech subject to greater regulation than other forms of speech?
5. Freedom of the Press
a. What is the definition of press?
b. What special rights does the press believe it has? Why? Has the Supreme Court
agreed?
c. What is a sunshine law? What effect does it have on governmental operations?
d. What has been the impact of the Freedom of Information Act?
e. What was the Supreme Court ruling in the NEA grant case?
f. Does TV coverage prevent a fair trial? Why or why not?
g. Are special restrictions applied to the mail, motion pictures, handbills, sound
tracks, billboards, and advertising?
h. What developments during recent years have thrown the special status of TV broadcasters
into question?
i. What constitutional problems are created by FAX, 900 telephone numbers, and auto
dialers?
j What special issues are posed by internet communications? How does the Communications
Decency and Telecommunications Act affect cyberspace?
k. What are the constitutional questions regarding the Communications Decency Act
of 1996? What was the gist of Reno v. ACLU?
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