Exam 2: First Amendment in Principle and Practice

Senator Highpower is planning to run for President in the next election. A big part of the senator's campaign strategy is to raise as much money as possible from individual contributors. Senator Highpower plans to use every penny of the money raised to produce, distribute, and air campaign commercials throughout the United States - even in the areas staunchly opposed to his party and ideals. Under the Federal Election Campaign Act of 1971, the senator is limited in the amount of money he can spend on his campaign.

Freedom of expression promotes a stable American society by allowing the citizenry to be absolutely free to express frustration and dissent in any manner so long as it is on public property.

The U.S. Supreme Court ruled in 1961 that the Subversive Activities Control Act of 1950 could not prohibit government employment from joining what group below?

Under the old "clear and present danger" standard the Supreme Court once used, the government was permitted to regulate speakers based on their capacity for __.

Which of the following options is not one the four values inherent in the freedom of expression according to Professor Thomas Emerson:

Ben Jeter is an Olympic level runner who, despite denying all allegations of doping, has developed a way to produce a performance enhancer using common legal household items. Jeter is planning to disseminate the "recipe" via a new website devoted solely to issues of doping. The United States government fears that dissemination of the "recipe" by such a popular athlete will lead to illegal drug use with other harms possible. The Food & Drug Administration without testing the recipe takes down Jeter's online website without affecting his constitutional rights.

Which one of the following options is not taken into consideration when determining whether speech is protected?

Grace feels very strongly about what she calls the right to life for the unborn. Which of the four values of free expression espoused by Professor Thomas Emerson best describes Grace's determination to speak out on the issue?

The U.S. Supreme Court decided in 2000 one of the following groups had the right to exclude new members based on their incompatibility of beliefs. Which one?

In all but one of the situations below the U.S. government would not be entitled to force an individual to act because it would be viewed as compelled speech? Which one does not belong?

John Fedupp has been receiving calls to his home phone asking him to donate money to the local Knights of Columbus. Even though John likes the work that the organization does, he already contributes to a number of other organizations that do similar work and does not want to contribute any additional money for such causes. In a suit to block the organization from making any further calls of that nature to his home, the court denies John's motion and dismisses the case in proper reliance on the ruling in Rowan v. United States Post Office (1970).