Exam 4: Forums of Freedom

The crime of betraying one's sovereign nation and aiding its enemies is ___ .

The common law crime of punishing speech harmful to the government is called ___ .

The act of government to control citizen expressions in speech or publication is called ___ .

When a grand jury does not find enough evidence to charge a crime, it returns a ___ .

A form of censorship in which the government controls content, in advance of its publication, by ordering a publisher not to publish certain material is called ___ .

The belief that "truth ultimately prevails in a free marketplace of ideas" is the theory behind the free press and was originally expressed in the writings of _____ in ____ .

Which of the following is a case where the Supreme Court upheld a conviction for publishing materials critical of the U.S. government?

WINO reporter Mary Achee breaks into the offices of House Speaker I.M. Loude, to steal documents showing Loude received payoffs from state Highway Commissioner Dusty Rhodes. While searching Loude's office, Achee also finds a secret report recommending that recently activated Quarkworth Nuclear Power Plant should not be put into operation because of potentially disastrous design flaws. Law enforcement authorities learn of the proposed stories and seek an injunction to stop publication, arguing there is a "probable danger" of widespread public anxiety and protest. According to clear and present danger, the judge would grant the injunction.

Burt Onofproof is a local doctor who hates the local pharmacy, Placebos-R-Us. Dr. Burt not only tells all his patients not to go there, but he goes out of his way to warn other doctors' patients not to go there either. He writes up flyers claiming Placebos-R-Us gives out the wrong medications. According to Supreme Court precedent, the pharmacy he is targeting will be able to get an injunction against Dr. Burt to stop him from circulating the malicious and false flyers.

A 1940 law that made it a crime for any foreign citizen or American to teach or advocate "destroying any government in the United States by force or violence" is known as the

Anne Oying publishes The Anaconda Advocate, a scandal sheet filled with half-truths, fake news, and outright lies. Oying is quite a character; she prefers to invade people's privacy before she defames them. She plagiarizes and lies repeatedly to cover up her misdeeds. She has been sued multiple times, but because she inherited millions of dollars, she can afford to keep fighting and pay off her settlements. In other words, she is what courts call a "nuisance." According to precedent, her paper could be shuttered by the State because of her repeated violations of the law.

The town of Tributon decides that it needs to increase revenues, so it passes a tax on all media. The money generated by the tax will be used for special downtown beautification efforts. The Tributon newspaper tries to argue that a tax applied to them would be a First Amendment violation. If the tax hike is challenged, according to precedent a U.S. court would find the tax constitutionally permissible because media must pay taxes, just like any other business.

What legal standard was used in the early twentieth century allowing government to criminalize speech thought capable of contributing to U.S. government military failure?

The highest level of scrutiny courts apply when reviewing laws is ___.

By virtue of secrecy and confidentiality agreements, Americans can cede their right of free speech on the basis of their ____ .

The landmark case Brandenburg v. Ohio (1969) established what doctrine below?

The state of Alaska is concerned about crab fishermen who advocate illegal behavior in response to size requirements placed on their catches by the government. Alaska creates a sedition law that prohibits anyone from advocating illegal behavior to protest a law. Crab fisherman Al Abama is arrested after he is seen on a cable television program about crab fishing advocating that fisherman stop throwing back baby crabs. According to precedent, Alaska's sedition law is constitutional because it prohibits the advocacy of illegal behavior.

The Supreme Court case of Yates v. United States (1957) established what principle below?

The common law crime of advocating, and intending to bring about harm to the government is called ___ .

The imposition of a "license tax" to control newspapers played a central part in what case?