Exam 2: First Amendment in Principle and Practice

One of the following laws was enacted in 1798 in response to perceived threats of security to the United States?

Which of the First Amendment rights was addressed in the Declaration of Independence due to the British government's indifference to colonial grievances?

Suppose random acts of violence were committed on American soil by a terrorist group identified as "Dogmatics," a radical religious group seeking to establish a theocracy. Attacks have occurred in major cities all over the United States. In response, the U.S. congress can enact a law prohibiting fixed or oral dissemination of the Dogmatic literature.

Dick Tator is the manager of a corporate department store at the mall. With the upcoming local elections, he worries his employees will start wearing buttons or clothing endorsing candidates, which might offend some of his customers, making them angry, and perhaps losing their business. Tator decides to prohibit his employees from wearing any political signs or symbols at work. However, under the First Amendment his employees cannot be stopped from expressing with badges, ribbons, or symbols their political views in the United States.

U.S. courts may find legislation unconstitutional where the government discourages communication so that speakers voluntarily restrict their speech for fear of subsequent punishment despite the fact their message is lawful. The Supreme Court referred to this threat to free speech as __ .

The marketplace of ideas concept relies on what item below to bring truth to public acceptance?

The Florida Bar Association requires its members to pay monthly dues in the amount of $75. Membership in the Bar is required to practice law in the state of Florida. One year prior to a state election, revenue from the dues were used to fund a political rally at which Republican and Democratic candidates were allowed to appear and discuss the prominent issues of the time. The state bar association is justified in using the dues revenue to sponsor political discussion limited to the two main parties.

The First Amendment theory holding that individuals will choose the best and most truthful idea when all ideas are available is

Rush Moore is disgusted with the new sales tax issued by the state on all hard liquor products. On the steps of the state capitol building, Moore uses a megaphone to repeatedly chant one word "f------ bastards" without explanation. A group of students from a local parochial high school are visiting the capitol that day and are deeply offended by Moore's chanting. In keeping with prior precedent, the state supreme court likely would rule in favor of Moore and his cohorts as being free to continue the demonstration as all messages on government grounds are protected speech.

Freedom of speech and press extends to the following forms of expression except for __ .

Political speech includes all of the following except which one below?

The president of Free Speech Law School, a public law school in Florida, is preparing his address to the incoming class of first year law students that will be printed later on the first page of the Student Handbook. Each student will receive the handbook and is required to sign a form stating they have read and understood the contents of the entire handbook to complete registration and begin classes. The president's address begins with a prayer conferring a blessing upon the students for continued academic success. The prayer in the address does not violate the free speech of the students because the president is not a government actor.

The Supreme Court found which one of the following created a "chilling effect" on expression in its attempt to regulate the internet content to protect minors

According to the U.S. Supreme Court holding in New York Times Co. v. Sullivan (1964), the governor of the state of California may prevail on a defamation suit against The Sacramento Bee for statements contained in article asserting truthfully that the governor has had six extramarital relationships by which he fathered ten children.

The right of individuals to associate with groups of their own choosing is derived from what First Amendment freedom below?

The First Amendment of the U.S. Constitution has been incorporated to all the states by application of the _________ Amendment of the U.S. Constitution

A radical group known as Caucasian Male Rights Society (CMRS) has urged the overthrow of all democratic institutions in the U.S. that seek to protect the rights of women and minorities. The CMRS membership is dispersed throughout the nation, and for the most part they live ordinary lives without detection. A number of CMRS members actually work for an information technology company hired by the U.S. government to overhaul the computer networks at the Pentagon to make them more secure. The military brass was alerted of the CMRS "infiltration," and asked the technology company to reveal the employees associated with CMRS and refuse to allow them to work on the Pentagon project. This federal move toward disclosure and dismissal from government hire is permitted under the U.S. Constitution.

Freedom of speech under the First Amendment provides the least protection to __.

The First Amendment admonishes congress to make "no law" abridging the freedoms enumerated therein. Constitutionally that includes all but which one?

Freedom of expression is derived from rights guaranteed by the First Amendment to the U.S. Constitution explicitly including all of the following ones except for__.