Deck 3: The First Amendment: Contemporary Problems

Question 1

The U.S.Supreme Court's opinion in the case of McIntyre v.Ohio Elections Commission involving Margaret McIntyre reveals that,in some instances,there is a First Amendment right to engage in what type of speech?

A)fighting words
B)hate speech
C)anonymous speech
D)commercial speech

Answer 1

C

Question 2

In 2008,the Supreme Court of South Dakota protected the right of a man to yell profanities at police officers.

Answer 2

True

Question 3

The concept of secret dockets best relates to which one of the following?

A)the removal from public inspection of records showing the existence of a case.
B)military operations from which journalists are excluded without prior notice.
C)the Supreme Court's private memoranda on a case circulated among the justices.
D)an exemption to FOIA that protects against the release of natural security records.

Answer 3

A

Question 4

The speech at issue in the 2011 U.S.Supreme Court case of Snyder v.Phelps took place near a _______________.

Question 5

In order to justify censorship of the speech of a public school student that is sexually lewd,vulgar or offensive,a principal would be wise to look to the precedent and rule created by the U.S.Supreme Court in which one of the following cases?

A)Tinker v.Des Moines Independent Community School District
B)HazelwoodSchool District v.Kuhlmeier
C)Bethel School District v.Fraser
D)Morse v.Frederick

Question 6

The Leonard Law applies only in California.

Question 7

In 2011,the U.S.Supreme Court held in Snyder v.Phelps that the speech of the members of the Westboro Baptist Church

A)was protected by the First Amendment.
B)was not protected by the First Amendment because it constituted fighting words.
C)was not protected by the First Amendment because it constituted hate speech.
D)was not protected by the First Amendment because it constituted obscenity.

Question 8

In ACLU of Florida v.Miami-Dade County School Board,a federal appellate court in 2009 held that the school board violated the First Amendment when it removed from school libraries particular books about Cuba.

Question 9

The speech at issue in the student-expression case of Morse v.Frederick involved a banner that read ___________________________________.

Question 10

The idea that Internet Service Providers (ISPs)should treat all Internet traffic and content similarly is best reflected by the concept known as

A)access reciprocity.
B)online equality.
C)non-discriminatory web proliferation.
D)net neutrality.

Question 11

In 2008,the U.S.Supreme Court in Davis v.Federal Elections Commission struck down as unconstitutional a portion of the BCRA known as the __________ Amendment.

Question 12

Places like public parks and street corners typically are treated by courts to be designated public forums.

Question 13

Places like prisons,military bases and utility poles typically are treated by courts to be designated public forums.

Question 14

According to the textbook,some lower courts now are stretching the U.S.Supreme Court's ruling in which one of the following four cases beyond its narrow and rather unique facts?

A)Tinker v.Des Moines Independent Community School District
B)HazelwoodSchool District v.Kuhlmeier
C)Bethel School District v.Fraser
D)Morse v.Frederick

Question 15

Set forth completely and accurately the rule created by the United States Supreme Court for determining when public school administrators may permissibly censor speech that appears in a school-sponsored newspaper.

Question 16

In Pitt News v.Pappert,a federal appellate court:

A)Struck down as unconstitutional a law criminalizing the theft of college newspapers.
B)Struck down as unconstitutional a law restricting alcohol ads in college newspapers.
C)Upheld as constitutional a law treating college newspapers like high school newspapers.
D)Upheld as constitutional a law restricting political signs in college dormitories.

Question 17

In Flynt v.Rumsfeld,a federal appellate court concluded that

A)there is a constitutional right for journalists to embed with U.S.military forces in combat.
B)there is no constitutional right for journalists to embed with U.S.military forces in combat.
C)there is a constitutional right for U.S.citizens to access military photographs of torture committed by U.S.soldiers at Abu Ghraib prison.
D)there is no constitutional right for U.S.citizens to access military photographs of torture committed by U.S.soldiers at Abu Ghraib prison.

Question 18

In 2009,what was the policy change at Dover Air Force Base that was described in the textbook?

Question 19

In 2010,the U.S.Supreme Court in Citizens United v.Federal Elections Commission

A)upheld a law restricting the speech rights of candidates for President.
B)upheld a law restricting spending by corporations on political advertising.
C)declared unconstitutional a law restricting the speech rights of candidates for President.
D)declared unconstitutional a law restricting spending by corporations on political advertising.

Question 20

In the case of Barber v.Dearborn Public Schools involving a t-shirt that carried a political message,a federal judge applied the rule and precedent from which of the following four U.S.Supreme Court decisions?

A)Tinker v.Des Moines Independent Community School District
B)HazelwoodSchool District v.Kuhlmeier
C)Bethel School District v.Fraser
D)Morse v.Frederick

Question 21

Identify three things that the Clery Act requires of all colleges and universities that participate in federal student-aide programs.

Question 22

What is a "Son of Sam" law?

Question 23

As discussed in the textbook,what is a major problem that occurs each year on college campuses across the country affecting student newspapers that only a few states have laws designed to address it?

Question 24

Identify the four criteria that must be satisfied for a time,place and manner regulation to pass constitutional muster under the intermediate scrutiny standard of judicial review.