Exam 3: Expressive Freedom and the First Amendment

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Should a law prohibiting establishments where dancers perform nude from serving alcoholic beverages be struck down as a violation of the First Amendment?

(Short Answer)
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In Texas v. Johnson, the flag-burning decision of 1989, it was surprising that two Reagan appointees, Justices __________ and ________, joined the majority in reversing Johnson's conviction.

(Multiple Choice)
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Consider Justice Hugo Black's absolutist position on First Amendment freedom of speech. Should an individual be given the right to say to write anything, regardless of its impact on other individuals or society in general?

(Essay)
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Should profanity enjoy constitutional protection, or should state and local governments be permitted to punish individuals for using foul language?

(Essay)
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In Lorillard Tobacco Company v. Reilly (2001), writing for the majority, _____________observed that "so long as the sale and use of tobacco is lawful for adults, the tobacco industry has a protected interest in communicating information about its products and adult customers have an interest in receiving that information."

(Multiple Choice)
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In _____________, the Court rejected the First Amendment claim of a Vietnam War protester that publicly burning his draft card was a form of constitutionally protected symbolic speech.

(Multiple Choice)
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As a Supreme Court justice, former Harvard law professor ___________ was critical of the doctrine that the First Amendment occupied a "preferred position."

(Multiple Choice)
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In Hazelwood School District v. Kuhlmeier (1988), the Supreme Court voted to uphold a public school principal's decision to excise certain controversial material from the school newspaper.

(Multiple Choice)
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In Abrams v. United States (1919), the Supreme Court affirmed the convictions of Jacob Abrams, a self styled "anarchist Socialist," and several associates for distributing leaflets in New York City urging the "workers of the world" to resist, among other things, American intervention in Russia against the newly formed Bolshevik government under the ______________.

(Multiple Choice)
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In the 1958 decision in ________ the Supreme Court held that a state had infringed the constitutional rights of organization members by enforcing a law requiring organizations based outside the state to register members' names and addresses. Specifically, the Court held that the law violated the First Amendment freedom of association.

(Multiple Choice)
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In _____________ (1961), the Supreme Court upheld Section 2 of the Smith Act, which made it a crime to belong to the Communist Party.

(Multiple Choice)
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In _________________, the Supreme Court handed down new legal guidelines for obscenity where the Court expressed the view that obscenity is "utterly without redeeming social importance" and thus entitled to no First Amendment protection.

(Multiple Choice)
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In Feiner v. New York (1951), the Supreme Court upheld a conviction for _______ arising from a street corner speech that produced unrest.

(Multiple Choice)
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Was the Supreme Court correct in holding that publicly burning the American flag as an act of political protest is protected by the First Amendment?

(Essay)
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In Coates v. City of Cincinnati (1971), the Supreme Court _________ an ordinance that made it unlawful for "three or more persons to assemble ... on any sidewalks and there conduct themselves in a manner annoying to persons passing by" under the overbreadth doctrine.

(Multiple Choice)
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In Pierce v. Society of Sisters (1925), the Supreme Court struck down an amendment to the Oregon constitution aimed at prohibiting parents from sending their children to _______.

(Multiple Choice)
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In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (1976), the Supreme Court struck down a state law banning _________________.

(Multiple Choice)
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