Deck 2: First Amendment in Principle and Practice

Question 1

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

A) stare decisis
B) utilitarianism
C) laissez-faire
D) marketplace of ideas
E) abridgement

Answer 1

D

Question 2

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

A) necessity for democratic government
B) promotion of tolerance
C) assurance of individual self-realization
D) the discovery of truth
E) promotion of a stable society

Answer 2

B

Question 3

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

A) Wearing a jacket in courthouse with a profane slur against the draft lettered on the back
B) Burning a national flag on a public sidewalk
C) Films promoting a presidential candidate
D) Cigarette commercials
E) Corporate donations to political causes

Answer 3

A

Question 4

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

A) political speeches
B) actions that constitute expression
C) campaign coverage by journalists
D) commercial speech
E) symbolic, silent protests

Question 5

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 __.

A) truthfulness in political advertising
B) posing a threat of immediate harm
C) spreading defamatory messages
D) shouting hate speech at minorities
E) insulting police officers on duty

Question 6

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__.

A) Right to peaceably assemble
B) Right to exercise religion
C) Right to privacy
D) Right to petition the government for redress of grievances
E) Right to free press

Question 7

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

A) intent of the speaker
B) venue where the speech occurs
C) content of the speech
D) affiliations of the speaker
E) relative captivity of the audience

Question 8

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

A) editorial opinions in a newspaper
B) appointment of a judge
C) public protest over taxes
D) right to form your own club
E) signed petition to have the mayor removed from office

Question 9

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

A) Electronic Communications Privacy Act
B) Communications Decency Act
C) Unlawful Internet Gambling Enforcement Act
D) Digital Millennium Copyright Act
E) Network neutrality

Question 10

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 __ .

A) overbreadth
B) prior restraint
C) vagueness
D) censorship
E) chilling effect

Question 11

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?

A) saluting a flag
B) saying a prayer
C) payment of taxes
D) joining a union
E) payment of dues to a state bar association

Question 12

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?

A) American Civil Liberties Union
B) Klu Klux Klan
C) NAACP
D) ROTC
E) Communist Party

Question 13

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

A) freedom of religion
B) right of peaceable assembly
C) freedom of speech
D) freedom to practice journalism
E) right to privacy

Question 14

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?

A) NAACP
B) Communist Party
C) Boy Scouts
D) ACLU
E) NCAA

Question 15

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

A) freedom of the press
B) right to freely exercise religion
C) freedom of speech
D) right to peaceably assemble
E) right to petition government for redress

Question 16

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

A) spoken words
B) expressive acts
C) written words
D) violent actions
E) non-verbal protests

Question 17

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) Fifteenth
B) Fifth
C) Fourteenth
D) Twenty-First
E) Sixth

Question 18

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

A) Subversive Activities Control Act
B) Espionage Act
C) Alien and Sedition Acts
D) Patriot Act
E) Omnibus Crime Control and Safe Streets Act

Question 19

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

A) official proclamation
B) competition with falsehood
C) history and tradition
D) cultural imperatives
E) social media

Question 20

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?

A) promotion of a stable society
B) discovery of truth
C) self-fulfillment
D) tolerance
E) necessity for morality

Question 21

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.

Question 22

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.

Question 23

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.

Question 24

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.

Question 25

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.

Question 26

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.

Question 27

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).

Question 28

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.

Question 29

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.

Question 30

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.

Question 31

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.