Deck 4: Forums of Freedom

Question 1

The common law crime of advocating, and intending to bring about harm to the government is called ___ .

A) treason
B) censorship
C) prior restraint
D) sedition

Answer 1

D

Question 2

The crime of betraying one's sovereign nation and aiding its enemies is ___ .

A) sedition
B) bill ignoramus
C) treason
D) prior restraint

Answer 2

C

Question 3

The act of government to control citizen expressions in speech or publication is called ___ .

A) treason
B) censorship
C) prior restraint
D) sedition

Answer 3

B

Question 4

The common law crime of punishing speech harmful to the government is called ___ .

A) seditious libel
B) prior restraint
C) criminal syndic
D) treason

Question 5

A form of censorship in which the government controls content, in advance of its publication, by ordering a publisher not to publish certain material is called ___ .

A) bill ignoramus
B) prior restraint
C) sedition
D) treason

Question 6

Which of the following is a case where the Supreme Court upheld a conviction for publishing materials critical of the U.S. government?

A) Schenck v. United States (1919)
B) Abrams v. United States (1919)
C) Dennis v. United States (1951)
D) all of the above

Question 7

What legal standard was used in the early twentieth century allowing government to criminalize speech thought capable of contributing to U.S. government military failure?

A) bad tendency test
B) clear and present danger test
C) prior restraint test
D) treason test

Question 8

What Supreme Court decision suggested government has a right to criminalize speech if it posed a clear and present danger?

A) Schenck v. United States (1919)
B) Abrams v. United States (1919)
C) Dennis v. United States (1951)
D) none of the above

Question 9

A 1940 law that made it a crime for any foreign citizen or American to teach or advocate "destroying any government in the United States by force or violence" is known as the

A) Roosevelt Act
B) dissident law
C) Anti-Communist Act
D) Smith Act

Question 10

The Supreme Court case of Yates v. United States (1957) established what principle below?

A) teaching an ideal was not the equivalent of planning its implementation
B) the clear and present danger test
C) teaching an ideal is the equivalent of planning its implementation
D) the Smith Act

Question 11

The landmark case Brandenburg v. Ohio (1969) established what doctrine below?

A) unfettered freedom of speech for activist groups including the Ku Klux Klan
B) clear and present danger test for inflammatory rhetoric
C) only direct incitement to imminent lawless action would remove constitutional protection for political speech.
D) none of the above

Question 12

The highest level of scrutiny courts apply when reviewing laws is ___.

A) censorship
B) prior restraint
C) treason
D) strict scrutiny

Question 13

Which of the following is a requirement of strict scrutiny?

A) The law must serve a compelling government interest
B) The law must be narrowly tailored to achieving the goal
C) It must use the least restrictive means to do so
D) all of the above

Question 14

Specific parts of the Constitution become applicable to all states when the Supreme Court acts to apply the 14th amendment's due process clause. This judicial authority is referred to as ___ .

A) manifest destiny
B) incorporation doctrine
C) Smith Act
D) theory of prior restraint

Question 15

The imposition of a "license tax" to control newspapers played a central part in what case?

A) Grosjean v. American Press Co. (1936)
B) Gitlow v. New York (1925)
C) Schenck v. United States (1919)
D) Whitney v. California (1927)

Question 16

An equitable remedy requiring one to take action or refrain from activity is called a/n ___ .

A) bill ignoramus
B) sedition
C) injunction
D) criminal syndicalism

Question 17

The belief that "truth ultimately prevails in a free marketplace of ideas" is the theory behind the free press and was originally expressed in the writings of _____ in ____ .

A) Jefferson in the Declaration of Independence
B) Blackstone in Commentaries on the Common Law
C) Madison in the Bill of Rights
D) Milton in Aereopagitica

Question 18

When a grand jury does not find enough evidence to charge a crime, it returns a ___ .

A) bill ignoramus
B) true bill
C) felony indictment
D) supression order

Question 19

By virtue of secrecy and confidentiality agreements, Americans can cede their right of free speech on the basis of their ____ .

A) religious denomination
B) terms of employment
C) nationality
D) political affiliation

Question 20

Governments have attempted to exercise control over the press through which of the following tactics?

A) discriminatory taxes
B) court-ordered injunctions
C) prior restraints
D) all of the above

Question 21

WINO reporter Mary Achee breaks into the offices of House Speaker I.M. Loude, to steal documents showing Loude received payoffs from state Highway Commissioner Dusty Rhodes. While searching Loude's office, Achee also finds a secret report recommending that recently activated Quarkworth Nuclear Power Plant should not be put into operation because of potentially disastrous design flaws. Law enforcement authorities learn of the proposed stories and seek an injunction to stop publication, arguing there is a "probable danger" of widespread public anxiety and protest. According to clear and present danger, the judge would grant the injunction.

Question 22

The town of Tributon decides that it needs to increase revenues, so it passes a tax on all media. The money generated by the tax will be used for special downtown beautification efforts. The Tributon newspaper tries to argue that a tax applied to them would be a First Amendment violation. If the tax hike is challenged, according to precedent a U.S. court would find the tax constitutionally permissible because media must pay taxes, just like any other business.

Question 23

Anne Oying publishes The Anaconda Advocate, a scandal sheet filled with half-truths, fake news, and outright lies. Oying is quite a character; she prefers to invade people's privacy before she defames them. She plagiarizes and lies repeatedly to cover up her misdeeds. She has been sued multiple times, but because she inherited millions of dollars, she can afford to keep fighting and pay off her settlements. In other words, she is what courts call a "nuisance." According to precedent, her paper could be shuttered by the State because of her repeated violations of the law.

Question 24

Governor Bellwether wants to pass a law that would require all newspapers in the state to get a license. Now there is no question if the federal government tried to pass this act, then it would be a violation of the First Amendment. But, because the Bill of Rights is actually a restriction on the federal government, and what it can do regarding limiting individual freedoms, the governor would be able to create such a law without running afoul of the U.S. Constitution.

Question 25

The state of Alaska is concerned about crab fishermen who advocate illegal behavior in response to size requirements placed on their catches by the government. Alaska creates a sedition law that prohibits anyone from advocating illegal behavior to protest a law. Crab fisherman Al Abama is arrested after he is seen on a cable television program about crab fishing advocating that fisherman stop throwing back baby crabs. According to precedent, Alaska's sedition law is constitutional because it prohibits the advocacy of illegal behavior.

Question 26

The U.S. government has a very challenging time trying to balance between the free speech rights of individuals while still protecting the safety and security of the nation. Harry Matta has applied to be a spy for the CIA. Harry is told that if he is going to work for the CIA he is going to be required as a condition of his employment to sign a contract that restricts what he can publish, even after he has left the agency. According to precedent, the Supreme Court will prevent the CIA to restrict the free speech of agents once they have left the agency.

Question 27

Burt Onofproof is a local doctor who hates the local pharmacy, Placebos-R-Us. Dr. Burt not only tells all his patients not to go there, but he goes out of his way to warn other doctors' patients not to go there either. He writes up flyers claiming Placebos-R-Us gives out the wrong medications. According to Supreme Court precedent, the pharmacy he is targeting will be able to get an injunction against Dr. Burt to stop him from circulating the malicious and false flyers.