Deck 2: Freedom of Speech

Question 1

According to the Miller Test includes all of the following criteria for determining whether or not a work is obscene except for:

A) it appeals to the prurient interests of the average person
B) it offends most religious leaders
C) it depicts "hard-core" sexual acts; previously defined by applicable state law, in a patently offensive way
D) it lacks any serious literary, artistic, political, scientific or other value

Answer 1

B

Question 2

The First Amendment has its roots in the Magna Charta.

Answer 2

False

Question 3

The FACE (Freedom of Access to Clinic Entrances) Act is constitutional because it protects against:

A) excessive noise
B) litter
C) interference with ingress and egress to and from buildings and traffic
D) face-to-face solicitation

Answer 3

C

Question 4

The First Amendment mentions several rights in addition to freedom of speech. Among the rights mentioned is the right to:

A) privacy
B) bear arms
C) peaceably assemble
D) vote

Question 5

Commercial speech falls under ______ protection under the First Amendment:

A) fully protected
B) unprotected
C) limited protection
D) commercial speech is not regulated by the First Amendment

Question 6

Which of the following is an acceptable way to control speech in a public forum?

A) ban door-to-door canvassing
B) require a thirty-day notice before holding an event in a park
C) ban the distribution of handbills
D) ban a noisy demonstration in front of a school while school is in session

Question 7

In Texas v. Johnson the Court determined that a law prohibiting which of the following acts was unconstitutional:

A) flag burning
B) dog fighting
C) burning a draft card
D) wearing a military uniform at a protest

Question 8

Child pornography is protected speech under the First Amendment.

Question 9

During the Persian Gulf War, six anti-war demonstrators climbed up the fire escape and onto the roof of an Armed Services Recruiting Station building where they lowered the flag flying over the building and burned it. Their reason for doing this was to protest the government's involvement in the Persian Gulf War. They were indicted and convicted for criminal trespass and malicious destruction of government property. On appeal, they contended that their conviction violated their rights under the First Amendment. The appeals court should:

A) set the conviction aside on the grounds that flag burning is constitutionally protected symbolic speech.
B) set the conviction aside on the ground that the chosen location of the demonstration is a public forum.
C) affirm the conviction under the O'Brien test because the government has a substantial nonspeech interest in regulating trespassing on the roof of government buildings and destroying government property.
D) affirm the conviction under the clear and present danger doctrine.

Question 10

The Brandenburg Test applies to which of the following:

A) preventing imminent lawless action
B) stopping child pornography
C) restrictions on leafleting
D) all of the above

Question 11

In First Amendment cases, conduct is never separated from speech.

Question 12

In which of the following cases did the Court break with the notion that vulgar speech was either protected or it was not:

A) Bethel School District v. Fraser
B) Young v. American Mini Theaters, Inc.
C) Cox v. Louisiana
D) Hill v. Colorado

Question 13

States can make laws making it a crime to assault people based on their:

A) race
B) creed
C) sexual orientation
D) all of the above

Question 14

Which of the following would be considered a nonpublic forum:

A) a government office
B) a municipal auditorium
C) a sidewalk
D) a park

Question 15

There are three kinds of statutes that police should never use in a speech context, even when the speaker's language and conduct are not protected by the First Amendment. Which of the following is NOT among them?

A) statutes authorizing arrests for "disturbing," "annoying," or "offensive" conduct
B) statues authorizing arrests for posing an imminent threat
C) statues authorizing arrests for loitering
D) statues authorizing arrest for refusal to obey a police officer's order to move on

Question 16

Which of the following activities are regarded as "speech" for purposes of the First Amendment?

A) begging
B) burning a cross at a Ku Klux Klan rally
C) refusing to pledge allegiance to the flag
D) all of them

Question 17

Which of the following is not a protected form of speech?

A) wearing a Nazi uniform
B) refusing to recite the Pledge of Allegiance
C) inciting a riot
D) burning a cross at a KKK rally

Question 18

A search warrant is always needed to seize literary materials.

Question 19

Police officers can purchase literary material as a means of gathering evidence for an obscenity charge without first obtaining a warrant.