Exam 2: The First Amendment

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Although the First Amendment stands as a nearly complete ban on prior restraints,they may be constitutional to prevent

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Laws that indirectly limit the freedom of speech while achieving other substantial government objectives are called

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When the Supreme Court reviews the constitutionality of laws it applies

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Content-neutral regulations are also called

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In Near v.Minnesota,the Supreme Court ruled that

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Truthful criticism of government was punished under sedition laws.

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Ad hoc balancing is used to determine the proper awards or penalties when judges make equity rulings.

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Through its self-delegated power to interpret and apply the U.S.Constitution,the U.S.Supreme Court determined that the First Amendment limits the power of state legislatures as well as Congress.

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The First Amendment is a nearly complete ban to prior restraints.

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Explain briefly the decisions and reasoning of Supreme Court rulings that establish but limit the control of government over government employee speech.

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In reviewing the constitutionality of laws,the Supreme Court has established that an important government interest is

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The Supreme Court generally interprets freedom of speech and freedom of the press

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Originalists believe that interpretation of the Constitution should be guided by the actual text of the document.

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The crime of sedition punishes truthful criticism of government.

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Using principles and Supreme Court decisions you have learned in the first two chapters of the text,briefly explain why the governor of Missouri's emergency executive order banning night-time protests likely would be found constitutional even if it restricts the protesters rights of freedom of speech and assembly. An excellent answer would discuss some or all of the following:

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Because content-based laws pose a greater risk to the freedom of speech and of the press than do content-neutral laws,the U.S.Supreme Court uses a more lenient test to determine when content-neutral laws are constitutional.

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To be constitutional under strict scrutiny review,a law must reasonably advance an important government interest.

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What was the U.S.Supreme Court's decision in Near v.Minnesota (the Saturday Press case)?

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The U.S.Supreme Court's speech distinctions establish

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Functionalists,or instrumentalists,believe that the First Amendment protects the freedom of speech and of the press only because these freedoms advance important societal goals,such as democracy.

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