Question 1

In Braun v.Soldier of Fortune the magazine was held liable under basic negligence law for the publication of an ad.

Accepted Answer

A) True 
 B)False  True

Question 2

In United States v.Progressive the federal trial court applied a test enunciated by two justices in Pentagon Papers case.What was that test?

Accepted Answer

[An injunction may be issued only if the government has evidence that the speech would cause grave,direct,immediate harm to the United States.]

Question 3

In the H-bomb case,the magazine alleged that all information in the article was obtained from

Accepted Answer

A) retired military officials. 
B) confidential informants inside the Pentagon. 
C) a document anonymously mailed to the magazine. 
D) unclassified,public sources. D

Question 4

In most traditional kinds of personal injury cases,the legal basis for a lawsuit is that the defendant acted with

Accepted Answer

A) negligence. 
B) utter recklessness. 
C) malice. 
D) intent to harm.

Question 5

In the H-bomb case,the federal District Court

Accepted Answer

A) ruled that no grave danger existed. 
B) issued a preliminary injunction against the magazine. 
C) cited the magazine editors for contempt of court. 
D) sentenced the author to a year in jail.

Question 6

In Zamora v.Columbia Broadcasting System plaintiffs alleged that the defendants should be liable for

Accepted Answer

A) the cumulative effects of television violence. 
B) prompting a teenage suicide. 
C) covering riots in a Florida neighborhood. 
D) encouraging the acts of an arsonist.

Question 7

The Smith Act rose to prominence during the Cold War era as a vehicle to

Accepted Answer

A) prosecute civil rights demonstrators on college campuses. 
B) silence members of the KKK. 
C) prosecute Communist party members in the U.S. 
D) indict religious leaders who used violent rituals.

Question 8

What message came out of the Pentagon Papers case?

Accepted Answer

A) Government carries a heavy burden to justify prior restraints on political speech. 
B) The courts must defer to the wishes of the executive branch on matters of national security. 
C) Government approval must be sought before disseminating information that could threaten national security. 
D) Government can prevent the publication of military documents if they were obtained illegally.

Question 9

The Smith Act was eventually held unconstitutional by the U.S.Supreme Court.

Accepted Answer

A) True 
 B)False

Question 10

The 1927 case of Whitney v.California is particularly noteworthy for a concurring opinion.Explain.

Accepted Answer

The answer of The 1927 case of Whitney v.California is...

Question 11

The U.S.Supreme Court first began to interpret the scope of the First Amendment

Accepted Answer

A) in 1798. 
B) during the Civil War era. 
C) at the time of World War I. 
D) after World War II.

Question 12

In the Pentagon Papers case the New York Times and the Washington Post printed excerpts from a document that was

Accepted Answer

A) classified as secret. 
B) compiled by news reporters. 
C) available from public sources. 
D) stolen by the newspapers.

Question 13

The U.S.Supreme Court has never addressed directly the question of whether news media may be denied access to military operations.

Accepted Answer

A) True 
 B)False

Question 14

In Brandenburg v.Ohio the Supreme Court held that speech remains protected until

Accepted Answer

A) it is likely to offend the majority of the community. 
B) it advocates overthrow of the government. 
C) it is likely to incite imminent unlawful action. 
D) actual physical violence occurs.

Question 15

Why are the so-called Pied Piper cases particularly troublesome for mass communicators?

Accepted Answer

A) Because subliminal messages are hard to avoid. 
B) Because malice is almost always present. 
C) Because imitation typically was not an intended result. 
D) Because the First Amendment is irrelevant in these cases.

Question 16

In which of the following civil cases was a mass medium found liable for the death of a motorist?

Accepted Answer

A) Walt Disney Productions v.Shannon 
B) Olivia N.v.National Broadcasting Co. 
C) Weirum v.RKO General,Inc. 
D) All of the above

Question 17

What similarity exists between the Pentagon Papers case and the H-bomb case (U.S.v.Progressive)?

Accepted Answer

A) Both were ultimately decided by the U.S.Supreme Court. 
B) Both were based upon a federal statute. 
C) No attempt was made to prosecute the media following publication. 
D) Both resulted in specific new First Amendment standards.

Question 18

In the "Hit Man" case the book published by Paladin Press was held undeserving of First Amendment protection because

Accepted Answer

A) it was essentially an advertisement for weapons. 
B) it focused on detailed murder instructions,not ideas. 
C) it was published anonymously. 
D) it was not actually a form of expression.

Question 19

What First Amendment standard emerged out of Schenck v.United States?

Accepted Answer

A) The negligence standard 
B) The clear-and-present-danger test 
C) The incitement standard 
D) The strict-liability standard

Exam 3: Risks to Public Safety