Question 1

Discuss the test developed by the U.S.Supreme Court in Brandenburg v.Ohio,explain how it relates to the bad tendency and clear and present danger tests,and describe its role in U.S.Supreme Court decision-making.

Accepted Answer

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Question 2

When can school administrators regulate the content of student speech in public schools,and how does the Court justify permitting such infringements of free speech?

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Question 3

Using the case of Frederick v.Morse as one example to illustrate your points,discuss how the U.S.Supreme Court views the power of government to regulate off-campus or online speech by public school students.

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Question 4

The Supreme Court has held that student speech rights must be balanced against the needs of the schools.

Accepted Answer

This is the holding of the landmark Supreme Court case Tinker v. Des Moines Independent Community School District (1969), which established that students do not lose their constitutional right to free speech when they step onto school grounds, but that those rights can be limited if they cause a substantial disruption or interference with the educational mission of the school.

Question 5

First Amendment protections are not absolute.

Accepted Answer

The First Amendment protects freedom of speech, religion, the press, assembly, and petition, but there are limits to those protections. For example, speech that incites violence or poses a clear and present danger to national security can be restricted.

Question 6

Only when media intentionally and directly harm an individual will they be found negligent.

Accepted Answer

Media can be found negligent even if they did not intend to harm an individual. Negligence can occur when media fail to exercise reasonable care or act in a reckless manner, causing harm to an individual.

Question 7

National security and the education and protection of immature children are sufficiently important government interests that laws to advance these interests may infringe upon First Amendment rights without violating the Constitution.

Accepted Answer

The Supreme Court has ruled that certain government interests, such as national security and protecting children, are important enough to justify limits on First Amendment rights. However, the Court has also stressed that any restrictions on free speech must be narrowly tailored to further these interests and must not be overly broad or vague.

Question 8

Under the symbolic speech doctrine,the First Amendment provides no protection from government regulation of actions intended to convey messages.

Accepted Answer

The symbolic speech doctrine recognizes that certain nonverbal forms of expression, such as flag burning or wearing armbands, can be considered acts of symbolic speech and are therefore protected by the First Amendment. However, the government may still regulate the time, place, and manner of such expressive conduct, as long as the regulation is content-neutral and narrowly tailored to serve a significant government interest.

Question 9

The Supreme Court currently uses the clear and present danger test to decide when the First Amendment allows government to punish disruptive speech.

Accepted Answer

The Supreme Court primarily uses the "imminent lawless action" test established in Brandenburg v. Ohio (1969) for deciding when speech can be restricted, rather than the older "clear and present danger" test.

Question 10

Under the Supreme Court's ruling in Tinker v.Des Moines Independent School District,school administrators may punish student speech that does not disrupt school.

Accepted Answer

The Supreme Court ruled in Tinker v. Des Moines Independent School District that school administrators may only punish student speech that causes a substantial disruption to the educational process. Therefore, student speech that does not disrupt school may not be punished by school administrators.

Question 11

If speech and action are mixed together,such as in the symbolic act of burning a flag,the speech deserves no greater protection from regulation than would a non-symbolic action,such as burning trash.

Accepted Answer

The U.S. Supreme Court has held that symbolic speech, such as burning a flag, is protected under the First Amendment. This means it often receives greater protection from regulation than non-symbolic actions, like burning trash, because it is considered an expression of ideas.

Question 12

Since the Supreme Court's ruling in RAV v.St.Paul,anti-hate speech ordinances are presumptively constitutional.

Accepted Answer

While the Supreme Court's ruling in RAV v. St. Paul did limit the ability of municipalities to regulate hate speech, it did not make anti-hate speech ordinances presumptively constitutional. Each ordinance must still be analyzed on a case-by-case basis to determine if it violates the First Amendment.

Question 13

Many of the speech harms identified by Congress and reviewed by the Supreme Court either implicitly or explicitly incorporate the notion of a reasonable person.Critique this reasonable person standard given the First Amendment's apparent assumption that laws should not unnecessarily abridge the freedom of speech.

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Question 14

Hate speech is not a legally defined category.

Accepted Answer

Hate speech does not have a universal legal definition and can vary depending on the country or region's laws and cultural norms.

Question 15

Supreme Court decisions have developed numerous categories of speech in an effort to establish clearly when speech that may harm,frighten,intimidate,offend,or infringe the civil liberties of others is/is not protected under the First Amendment.Use the category of speech incitement to discuss the ways in which speech categories do not always succeed in clarifying the boundaries of protected speech.

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Question 16

Words directed at an individual with an intention to inflict injury or incite immediate illegal actions are called fighting words.

Accepted Answer

Fighting words are defined as words that are directed at an individual with an intention to inflict injury or incite immediate illegal actions.

Question 17

The tendency of the government to suppress speech increases during periods of increased national fear and instability.

Accepted Answer

This is true, as seen in historical examples such as the Red Scare during the 1950s and the post-9/11 era. When the government perceives a threat to national security, it may crack down on dissenting voices and limit freedom of speech in the name of protecting the country.

Question 18

An as-applied challenge to a law generally occurs before a law takes effect.

Accepted Answer

An as-applied challenge to a law occurs after a law takes effect and is based on the specific application of the law to a particular individual or group.

Question 19

The U.S.Supreme Court generally has found university speech codes constitutional because they advance the educational interests of university administrators.

Accepted Answer

The U.S. Supreme Court has actually struck down several university speech codes as unconstitutional violations of the First Amendment's free speech protections. While universities have some authority to regulate speech on campus in order to create a safe and inclusive learning environment, such regulations must be narrowly tailored to serve a compelling state interest and not be unnecessarily vague or overbroad. Simply advancing the educational interests of university administrators is not enough to justify restrictions on free speech.

Quiz 3: Speech Distinctions