Deck 2: Overview of the First Amendmen

Question 1

Public opinion surveys consistently find that while Americans support the idea of "First Amendment freedom" as an abstract concept, the majority do not support specific freedoms such as those involving flag-burning and pornography.

Answer 1

True

Question 2

Based on court rulings, publishers and broadcasters have the First Amendment right to reject any advertising they choose to.

Answer 2

True

Question 3

The Federal Trade Commission is the only government agency (at any level) involved in the regulation of advertising.

Answer 3

False

Question 4

Based on Supreme Court rulings, journalists have an absolute "First Amendment right of access" to news events and locations, including crime and accident scenes, courtrooms, prisons, and military bases.

Question 5

The concern of free-speech advocates that even a minor restriction of free speech may lead to more drastic restrictions on free speech in the future is known by what term?

A) defamation
B) slippery slope
C) marketplace of ideas
D) law of equity
E) stare decisis

Question 6

Which of the following forms of communication are found at the top of the First Amendment hierarchy, meaning that they get the highest level of protection (nearly absolute)?

A) commercial speech and non-commercial speech
B) non-obscene sexual expression and false advertising
C) political speech and religious expression
D) defamation and hate speech
E) obscenity and truthful advertising

Question 7

Communication which is defined as "inflicting injury or inciting an immediate breach of the peace" is known as

A) libel
B) fighting words
C) slander
D) defamation
E) hate speech

Question 8

Communication which is defined as "hostile (but non-violent)" and "aimed at a group of people (not specific individuals)" and is based on "race, religion, ethnicity, sex, or sexual orientation" is known as

A) libel
B) fighting words
C) slander
D) defamation
E) hate speech

Question 9

Which of the following forms of communication is at the bottom of the First Amendment hierarchy, meaning that it gets no protection?

A) political speech
B) non-obscene sexual expression
C) hate speech
D) commercial speech
E) false advertising

Question 10

As a result of the 1942 case of Chaplisnky v. New Hampshire, the Supreme Court developed which legal principle that is still applied today?

A) stare decisis
B) the fighting words doctrine
C) the balancing test
D) the clear and present danger test
E) the bad tendency test

Question 11

American legal scholar Alexander Meiklejohn was best-known for his philosophy that called for complete freedom of speech with no restrictions whatsoever. His philosophy was called

A) totalitarianism
B) utilitarianism
C) absolutism
D) stare decisis
E) strict scrutiny