Question 1

Explain what is meant by Absolutist Theory.

Accepted Answer

Absolutist theory holds that the First Amendment provides for an absolute or complete barrier against any government censorship.The government cannot censor the press or speech for any reason.There are no exceptions,no caveats,no qualifications to the guarantees of free speech and press.The words "no law" in the First Amendment mean exactly that - that Congress cannot make any laws restricting expression.

Question 2

Set forth the four components or elements of the test articulated by the United States Supreme Court in Brandenburg v.Ohio.

Accepted Answer

1)the speech in question must be "directed" or intended to causing lawless action; 2)the action in question must be "imminent," meaning that the time between the speech in question and the lawless action must be very close or proximate; 3)the action in question that allegedly is being advocated must actually be "lawless," meaning that there must be a criminal statute forbidding it or punishing it; and 4)the action itself must be "likely" to occur,meaning that it is substantially probable to result from the speech in question.

Question 3

As listed and described in the textbook,set forth the four key rules that are important to understand when the government engages in a prior restraint on speech.

Accepted Answer

1)Prior restraints by the government on speech are presumptively unconstitutional and thus the burden falls on the government to prove in court that a prior restraint is justified; 2)The government's burden in justifying a prior restraint is high,with courts often requiring it to prove there is a compelling interest or an interest of the highest order justifying the restraint; 3)The scope of any prior restraint (how broadly the restraint is drafted and how much speech is restrained)must be very narrow,so as not to stop publication of any more speech than actually is necessary to effectively serve the government's allegedly compelling interests; and 4)Speech that falls outside the scope of First Amendment protection (obscenity,child pornography and false advertising,for instance)can be restrained by the government,but only after a judicial proceeding in which a court has determined that the speech indeed is not protected.

Question 4

In Near v.Minnesota ,the Supreme Court ruled that

Accepted Answer

A) prior restraint was unconstitutional in any circumstance. 
B) prior restraint was unconstitutional in this case. 
C) prior restraint may be used to block the publication of anti-Semitic newspapers. 
D) prior restraint was not unconstitutional. 
A) prior restraint was unconstitutional in any circumstance. 
B) prior restraint was unconstitutional in this case. 
C) prior restraint may be used to block the publication of anti-Semitic newspapers. 
D) prior restraint was not unconstitutional.

Question 5

The concept of a "heckler's veto" best relates to which one of the following?

Accepted Answer

A) A dissenting opinion that is both critical of the majority opinion and that later,when the case is re-heard by the court,prevails. 
B) A concurring opinion that joins with the majority opinion to create a five-judge block that vetoes the dissenting opinion. 
C) The reaction of a crowd to a speaker that silences and prevents the speaker from continuing with his or her message. 
D) The situation that occurs when irrational ideas are allowed to triumph over rational ideas in the marketplace of ideas theory of free expression. 
A) A dissenting opinion that is both critical of the majority opinion and that later,when the case is re-heard by the court,prevails. 
B) A concurring opinion that joins with the majority opinion to create a five-judge block that vetoes the dissenting opinion. 
C) The reaction of a crowd to a speaker that silences and prevents the speaker from continuing with his or her message. 
D) The situation that occurs when irrational ideas are allowed to triumph over rational ideas in the marketplace of ideas theory of free expression.

Question 6

The case of United States v.Bell involved a prior restraint on

Accepted Answer

A) national security secrets. 
B) fraudulent tax advice. 
C) a newspaper publishing false statements about public officials. 
D) a newspaper publishing false statements about a child. 
A) national security secrets. 
B) fraudulent tax advice. 
C) a newspaper publishing false statements about public officials. 
D) a newspaper publishing false statements about a child.

Question 7

The incorporation doctrine links the First Amendment with the

Accepted Answer

A) Second Amendment. 
B) Third Amendment. 
C) Tenth Amendment. 
D) Fourteenth Amendment. 
A) Second Amendment. 
B) Third Amendment. 
C) Tenth Amendment. 
D) Fourteenth Amendment.

Question 8

A primary goal of free speech in Meiklejohnian theory is

Accepted Answer

A) self-realization. 
B) the voting of wise decisions. 
C) protecting artistic expression. 
D) discovery of the truth. 
A) self-realization. 
B) the voting of wise decisions. 
C) protecting artistic expression. 
D) discovery of the truth.

Question 9

The firing of Don Imus for his "nappy-headed hos" is an example of censorship by the Federal Communications Commission.

Accepted Answer

A) True 
 B)False

Question 10

The outcome of the seditious libel trial involving John Peter Zenger represents an example of jury nullification.

Accepted Answer

A) True 
 B)False

Question 11

The First Amendment was an effective tool in blocking prosecutions under the Espionage Act of 1917.

Accepted Answer

A) True 
 B)False

Question 12

The absolutist theory was adopted by a majority of the U.S.Supreme Court in the early 20th century.

Accepted Answer

A) True 
 B)False

Question 13

Identify the two basic elements or parts of the symbolic speech doctrine.

Accepted Answer

1)Actor: the person engaging in the cond

Question 14

Several decades prior to the community censorship involving the Dixie Chicks in 2003,country music stations refused to play the songs of another female country music performer.As described in the textbook,who was the performer and what were the songs in question about?

Accepted Answer

The performer was Loretta Lynn

Question 15

The balancing theory that weighs the interests in any situation on a case-by-case basis is known as ________ balancing.

Accepted Answer

The answer of The balancing theory that weighs the interests...

Question 16

Laws limiting minors' access to video games depicting violent images are subject to the standard of judicial review known as

Accepted Answer

A) intermediate scrutiny. 
B) reasonable review. 
C) strict scrutiny. 
D) rigorous review. 
A) intermediate scrutiny. 
B) reasonable review. 
C) strict scrutiny. 
D) rigorous review.

Question 17

The First Amendment was adopted in the year ______.

Accepted Answer

The answer of The First Amendment was adopted in the...

Question 18

In order to justify a regulation on speech under the strict scrutiny standard of judicial review,the government must prove that it has a __________ interest.

Accepted Answer

The answer of In order to justify a regulation on...

Question 19

According to the textbook,a great "historical myth" regarding the First Amendment is that

Accepted Answer

A) it only protects political speech. 
B) John Peter Zenger was the individual who drafted it. 
C) it is first because it is the most important right. 
D) George Washington was the individual who drafted it. 
A) it only protects political speech. 
B) John Peter Zenger was the individual who drafted it. 
C) it is first because it is the most important right. 
D) George Washington was the individual who drafted it.

Question 20

As described in the textbook,the access theory of freedom of expression can be seen as a remedy to correct some of the flaws with which one of the following other theories?

Accepted Answer

A) Meiklejohnian theory 
B) Marketplace of ideas theory 
C) Absolutist theory 
D) Self-Realization theory 
A) Meiklejohnian theory 
B) Marketplace of ideas theory 
C) Absolutist theory 
D) Self-Realization theory

Explain what is meant by Absolutist Theory.

Set forth the four components or elements of the test articulated by the United States Supreme Court in Brandenburg v.Ohio.

As listed and described in the textbook,set forth the four key rules that are important to understand when the government engages in a prior restraint on speech.

In Near v.Minnesota ,the Supreme Court ruled that

The concept of a "heckler's veto" best relates to which one of the following?

The case of United States v.Bell involved a prior restraint on

The incorporation doctrine links the First Amendment with the

A primary goal of free speech in Meiklejohnian theory is

The firing of Don Imus for his "nappy-headed hos" is an example of censorship by the Federal Communications Commission.

The outcome of the seditious libel trial involving John Peter Zenger represents an example of jury nullification.

The First Amendment was an effective tool in blocking prosecutions under the Espionage Act of 1917.

The absolutist theory was adopted by a majority of the U.S.Supreme Court in the early 20^th century.

Identify the two basic elements or parts of the symbolic speech doctrine.

Several decades prior to the community censorship involving the Dixie Chicks in 2003,country music stations refused to play the songs of another female country music performer.As described in the textbook,who was the performer and what were the songs in question about?

The balancing theory that weighs the interests in any situation on a case-by-case basis is known as ________ balancing.

Laws limiting minors' access to video games depicting violent images are subject to the standard of judicial review known as

The First Amendment was adopted in the year ______.

In order to justify a regulation on speech under the strict scrutiny standard of judicial review,the government must prove that it has a __________ interest.

According to the textbook,a great "historical myth" regarding the First Amendment is that

As described in the textbook,the access theory of freedom of expression can be seen as a remedy to correct some of the flaws with which one of the following other theories?

The American Legal System

The First Amendment: Contemporary Problems

Libel: Establishing a Case

Libel: Proof of Fault

Libel: Defenses and Damages

Invasion of Privacy: Appropriation and Intrusion

Invasion of Privacy: Publication of Private Information and False Light

Gathering Information: Records and Meetings

Protection of News Sourcescontempt Power

Free Press-Fair Trial: Trial-Level Remedies and Restrictive Orders

Free Press-Fair Trial: Closed Judicial Proceedings

Regulation of Obscene and Other Erotic Material

Copyright and Trademark

Regulation of Advertising

Telecommunications Regulation

Filters

Exam 2: The First Amendment: the Meaning of Freedom

Explain what is meant by Absolutist Theory.

Set forth the four components or elements of the test articulated by the United States Supreme Court in Brandenburg v.Ohio.

As listed and described in the textbook,set forth the four key rules that are important to understand when the government engages in a prior restraint on speech.

In Near v.Minnesota ,the Supreme Court ruled that

The concept of a "heckler's veto" best relates to which one of the following?

The case of United States v.Bell involved a prior restraint on

The incorporation doctrine links the First Amendment with the

A primary goal of free speech in Meiklejohnian theory is

The firing of Don Imus for his "nappy-headed hos" is an example of censorship by the Federal Communications Commission.

The outcome of the seditious libel trial involving John Peter Zenger represents an example of jury nullification.

The First Amendment was an effective tool in blocking prosecutions under the Espionage Act of 1917.

The absolutist theory was adopted by a majority of the U.S.Supreme Court in the early 20th century.

Identify the two basic elements or parts of the symbolic speech doctrine.

Several decades prior to the community censorship involving the Dixie Chicks in 2003,country music stations refused to play the songs of another female country music performer.As described in the textbook,who was the performer and what were the songs in question about?

The balancing theory that weighs the interests in any situation on a case-by-case basis is known as ________ balancing.

Laws limiting minors' access to video games depicting violent images are subject to the standard of judicial review known as

The First Amendment was adopted in the year ______.

In order to justify a regulation on speech under the strict scrutiny standard of judicial review,the government must prove that it has a __________ interest.

According to the textbook,a great "historical myth" regarding the First Amendment is that

As described in the textbook,the access theory of freedom of expression can be seen as a remedy to correct some of the flaws with which one of the following other theories?

The American Legal System

The First Amendment: Contemporary Problems

Libel: Establishing a Case

Libel: Proof of Fault

Libel: Defenses and Damages

Invasion of Privacy: Appropriation and Intrusion

Invasion of Privacy: Publication of Private Information and False Light

Gathering Information: Records and Meetings

Protection of News Sourcescontempt Power

Free Press-Fair Trial: Trial-Level Remedies and Restrictive Orders

Free Press-Fair Trial: Closed Judicial Proceedings

Regulation of Obscene and Other Erotic Material

Copyright and Trademark

Regulation of Advertising

Telecommunications Regulation

Filters

The absolutist theory was adopted by a majority of the U.S.Supreme Court in the early 20^th century.