Deck 2: The First Amendment: the Meaning of Freedom

Question 1

In 2011,the U.S.Supreme Court in Brown v.Entertainment Merchants Association

A)upheld a law that allowed the censorship of sexually explicit movies.
B)struck down a law that allowed the censorship of sexually explicit movies.
C)upheld a law that restricted minors' access to violent video games.
D)struck down a law that restricted minors' access to violent video games.

Answer 1

D

Question 2

The concept of a "heckler's veto" best relates to which one of the following?

A)A dissenting opinion that is both critical of the majority opinion and that later,when the case is re-heard by the court,prevails.
B)A concurring opinion that joins with the majority opinion to create a five-judge block that vetoes the dissenting opinion.
C)The reaction of a crowd to a speaker that silences and prevents the speaker from continuing with his or her message.
D)The situation that occurs when irrational ideas are allowed to triumph over rational ideas in the marketplace of ideas theory of free expression.

Answer 2

C

Question 3

The First Amendment was an effective tool in blocking prosecutions under the Espionage Act of 1917.

Answer 3

False

Question 4

A primary goal of free speech in Meiklejohnian theory is

A)self-realization.
B)the voting of wise decisions.
C)protecting artistic expression.
D)discovery of the truth.

Question 5

The 2009 appellate court ruling in Plame Wilson v.Central Intelligence Agency best illustrates the point that

A)government employees who sign secrecy agreements may be subject to prior restraints.
B)community censorship of the speech of government employees is unconstitutional.
C)jury nullification is a key problem in cases involving the Central Intelligence Agency.
D)the access theory supports the disclosure of Central Intelligency Agency documents.

Question 6

Laws limiting minors' access to video games depicting violent images are subject to the standard of judicial review known as

A)intermediate scrutiny.
B)reasonable review.
C)strict scrutiny.
D)rigorous review.

Question 7

The firing of Don Imus for his "nappy-headed hos" is an example of censorship by the Federal Communications Commission.

Question 8

The incorporation doctrine links the First Amendment with the

A)Second Amendment.
B)Third Amendment.
C)Tenth Amendment.
D)Fourteenth Amendment.

Question 9

The balancing theory that weighs the interests in any situation on a case-by-case basis is known as ________ balancing.

Question 10

The outcome of the seditious libel trial involving John Peter Zenger represents an example of jury nullification.

Question 11

The Brandenburg test for incitement is also commonly used in

A)libel cases.
B)invasion of privacy cases that involve the intrusion tort.
C)obscenity cases.
D)wrongful death actions aimed at the mass media.

Question 12

As described in the textbook,the access theory of freedom of expression can be seen as a remedy to correct some of the flaws with which one of the following other theories?

A)Meiklejohnian theory
B)Marketplace of ideas theory
C)Absolutist theory
D)Self-Realization theory

Question 13

The absolutist theory was adopted by a majority of the U.S.Supreme Court in the early 20^th century.

Question 14

In Near v.Minnesota,the Supreme Court ruled that

A)prior restraint was unconstitutional in any circumstance.
B)prior restraint was unconstitutional in this case.
C)prior restraint may be used to block the publication of anti-Semitic newspapers.
D)prior restraint was not unconstitutional.

Question 15

The Gitlow ruling is important because

A)it barred future sedition cases.
B)it applied the First Amendment protections to actions by state and local government entities.
C)it freed a group of radicals who had been improperly convicted.
D)it broadly defined freedom of expression.

Question 16

According to the textbook,a great "historical myth" regarding the First Amendment is that

A)it only protects political speech.
B)John Peter Zenger was the individual who drafted it.
C)it is first because it is the most important right.
D)George Washington was the individual who drafted it.

Question 17

In order to justify a regulation on speech under the strict scrutiny standard of judicial review,the government must prove that it has a __________ interest.

Question 18

The case of United States v.Bell involved a prior restraint on

A)national security secrets.
B)fraudulent tax advice.
C)a newspaper publishing false statements about public officials.
D)a newspaper publishing false statements about a child.

Question 19

The First Amendment was adopted in the year ______.

Question 20

In 2010,the U.S.Supreme Court in United States v.Stevens refused to create a new category of unprotected speech for videos depicting images of animal cruelty.

Question 21

Explain what is meant by Absolutist Theory.

Question 22

Identify the two basic elements or parts of the symbolic speech doctrine.

Question 23

As listed and described in the textbook,set forth the four key rules that are important to understand when the government engages in a prior restraint on speech.

Question 24

Set forth the four components or elements of the test articulated by the United States Supreme Court in Brandenburg v.Ohio.

Question 25

Several decades prior to the community censorship involving the Dixie Chicks in 2003,country music stations refused to play the songs of another female country music performer.As described in the textbook,who was the performer and what were the songs in question about?