Exam 12: Free Speech and Hate Speech

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The "emergency test" says fearful speech can only be punished when it poses a danger of directly causing certain specific, imminent, serious harms.

(True/False)
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What two arguments do Chemerinsky and Gillman make against enacting speech codes? Can you provide counterarguments to their points?

(Essay)
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What does Ben-Porath say colleges should focus on rather than regulating speech? Do you agree with her? Explain.

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What kind of speech is protected under the Constitution? What kind is not?

(Short Answer)
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According to Ben-Porath, equity and inclusion cannot coincide with open-minded inquiry and free speech at higher education institutions.

(True/False)
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State colleges and universities are _______ the government and thus bound by the First Amendment.

(Multiple Choice)
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According to Ben-Porath, views and opinions expressed as part of an open, democratic exchange should be permissible.

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Hate speech has a precise legal definition.

(True/False)
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Ben-Porath claims that inclusion and free speech cannot coincide.

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Chemerinsky and Gillman argue that speech codes are often used to punish people who were not their intended targets.

(True/False)
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According to Ben-Porath, curtailing free speech based on content or the presumed motivation of the speaker raises the risk of

(Multiple Choice)
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Free speech is widely regarded as a(n) _______, whatever its legal or political status.

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The First Amendment was adopted to

(Multiple Choice)
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According to Ben-Porath, curtailing speech to prevent controversy is

(Multiple Choice)
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Chemerinsky and Gillman point out that there is _______ that the presence of hate speech laws results in more tolerant attitudes.

(Multiple Choice)
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Over the last half century, the Supreme Court has affirmed again and again that speech may not be censored or punished just because it is disfavored, disturbing, or feared.

(True/False)
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Ben-Porath supports calls on college campuses to give "no platform" to speakers who may be seen by some as offensive.

(True/False)
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For Mill, _______ is the only justified reason to limit the freedom of any member in a democratic community.

(Multiple Choice)
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Which of the following is not a kind of speech considered punishable by the U.S. Supreme Court?

(Multiple Choice)
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According to Chemerinsky and Gillman, the level of disagreement over what constitutes hate speech cannot be a problem for a clearly defined speech code.

(True/False)
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