Question 1

Which of the following best describes how a "natural-law" system operates?
A)Natural rights are determined by the people.
B)Government determines the scope of natural law.
C)Government strives to protect inherent individual liberties.
D)Government intervenes only to settle legal disputes.

Accepted Answer

In a natural-law system, government strives to protect inherent individual liberties that are determined by natural law rather than government decree. Natural law is seen as universal and immutable, and the role of government is to ensure that individual rights are protected by enforcing natural law. The other options are not accurate descriptions of how a natural-law system operates.

Question 2

The framers of the Constitution were in substantial agreement as to the proper scope of freedom of expression.

Accepted Answer

There was considerable debate among the framers about the extent to which freedom of expression should be protected. Some, like James Madison, believed that complete freedom of speech was necessary for a healthy democracy, while others, like Alexander Hamilton, believed that some restrictions on free speech were necessary for the preservation of social order. Ultimately, the First Amendment struck a balance between these competing concerns by protecting the right to free speech, while also allowing for certain limitations on that right in order to protect public safety and national security.

Question 3

Certain categories of expression have been deemed unprotected by the First Amendment.One of the unprotected categories is
A)false commercial advertising.
B)misleading political speech.
C)racial slurs.
D)pure opinion.

Accepted Answer

False commercial advertising is considered unprotected by the First Amendment because it can harm consumers and undermine the credibility of the marketplace. The government has the authority to regulate false or misleading commercial speech in order to protect consumers and maintain a fair market.

Answer: B
 Like false commercial advertising, misleading political speech is not protected by the First Amendment. However, there is currently no legal definition of "misleading" in this context and the regulation of political speech is often controversial.

Answer: C
 Racial slurs are considered unprotected by the First Amendment because they are considered a form of hate speech. Such speech is not only offensive, but it can also contribute to discrimination, harassment, and violence towards marginalized groups.

Answer: D
 Pure opinion is considered protected by the First Amendment, as it is a form of expression that is based on personal beliefs or values rather than factual statements. However, opinions that are intentionally false or defamatory can be subject to legal action.

Question 4

What was the most important case to formalize the doctrine against prior restraint?
A)Bantam Books v.Sullivan
B)Red Lion Broadcasting Co.v.FCC
C)United States v.O'Brien
D)Near v.Minnesota

Accepted Answer

Near v. Minnesota (1931) was the most important case to formalize the doctrine against prior restraint. In this case, the Supreme Court held that a Minnesota law that allowed courts to permanently enjoin the publication of a "malicious, scandalous and defamatory newspaper" violated the First Amendment's protection of freedom of the press. The Court stated that prior restraints on publication are presumptively unconstitutional and can only be justified in exceptional circumstances, such as in cases involving national security or obscenity. This landmark case established the principle that government officials cannot censor or preapprove speech or publications, except in rare circumstances.

Question 5

The First Amendment itself
A)is a single sentence in the Constitution.
B)doesn't actually mention freedom of speech.
C)is a lengthy paragraph filled with exceptions to free expression.

Accepted Answer

The First Amendment is a single sentence in the Constitution that reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Question 6

Which of the following is true about the First Amendment?
A)Forms of expression that communicate ideas are protected.
B)Both expression and conduct are protected.
C)Conduct is not protected.
D)Both a and c

Accepted Answer

The First Amendment protects forms of expression that communicate ideas, which includes both speech and symbolic speech (conduct that communicates). However, not all conduct is protected, especially if it does not convey a clear message or idea. Thus, both statements A and C are correct, making D the accurate choice.

Question 7

Free speech rights generally include the right to both gather and disseminate information.

Accepted Answer

The answer of Free speech rights generally include the right...

Question 8

_____ has been deemed to be within the guarantee of the First Amendment,though it is not protected as broadly as most other forms of expression.
A)Self-entertainment or recreation
B)Inciting unlawful behavior
C)Expressive conduct
D)Gathering information

Accepted Answer

Expressive conduct, such as non-verbal actions or symbolic expression, has been deemed to be within the guarantee of the First Amendment. However, it is not protected as broadly as most other forms of expression and may be subject to regulation.

Question 9

In Simon & Schuster v.Crime Victims Board,the Supreme Court invalidated a New York statute because the statute
A)prohibited any disclosure of crime victims' names.
B)imposed a financial burden on speakers based on the content of their speech.
C)banned detailed descriptions of actual felonies.
D)compelled a disclaimer and statement of apology on all books written by felons.

Accepted Answer

The Supreme Court invalidated the New York statute because it imposed a financial burden on speakers based on the content of their speech. The statute required convicted felons to forfeit the proceeds from writing about their crimes to the Crime Victims Board, which was deemed unconstitutional as it restricted free speech.

Question 10

Legislation that punishes protected speech as well as the targeted,unprotected expression is typically held unconstitutional under the
A)void-for-vagueness doctrine.
B)doctrine of incorporation.
C)doctrine of overbreadth.
D)symbolic speech doctrine.

Accepted Answer

The doctrine of overbreadth states that a law may be invalidated if its provisions unnecessarily restrict protected speech along with the unprotected speech. Therefore, legislation that punishes protected speech along with the targeted, unprotected expression is typically held unconstitutional under the overbreadth doctrine.

Question 11

The First Amendment was for the first time applied to the states in the landmark 1925 case of
A)Marbury v.Madison.
B)Gitlow v.New York.
C)Texas v.Johnson.

Accepted Answer

The landmark 1925 case that first applied the First Amendment to the states was Gitlow v. New York. This case established the "incorporation doctrine" which holds that the protections of the Bill of Rights apply to state governments through the Due Process Clause of the Fourteenth Amendment. Marbury v. Madison was a 1803 case that established the principle of judicial review, and Texas v. Johnson was a 1989 case that ruled flag burning was a protected form of free speech under the First Amendment.

Question 12

One of the first published arguments in favor of freedom of the press was made by the poet John Milton in his book titled
A)Give Me Liberty.
B)Areopagitica.
C)Commentaries on Free Press.
D)Free Speech and Self-Government.

Accepted Answer

John Milton's argument for freedom of the press was made in his book titled "Areopagitica," which was published in 1644. The book is a passionate defense of free expression and open debate, and it argues that censorship is ineffective and harmful. Milton's argument helped shape the idea of freedom of the press in the centuries that followed.

Question 13

Prior restraints can arise through
A)licensing schemes.
B)tax laws.
C)informal coercion.
D)All of the above

Accepted Answer

Prior restraints can arise through licensing schemes, tax laws, and informal coercion. Licensing schemes for journalists or media outlets can impose prior restraints by requiring government approval before publishing or broadcasting. Tax laws can be used to discourage certain types of speech by imposing high taxes on them. Informal coercion such as threats, intimidation, or violence can also have a chilling effect on speech and lead to prior restraints. Therefore, all of the choices (A, B, and C) are correct.

Question 14

Which of the following is NOT a common justification for freedom of speech?
A)Freedom of speech helps deter abuse of power by government.
B)Freedom of speech is essential to the discovery of truth.
C)Freedom of speech helps assure individual responsibility.
D)Freedom of speech is an inherent,natural right of human beings.

Accepted Answer

This is because the concept of individual responsibility is not directly tied to freedom of speech. While freedom of speech may indirectly encourage individuals to take responsibility for their words and actions, it is not a primary justification for the protection of free speech.

Question 15

Which one of the following Supreme Court justices was known for being a particularly ardent First Amendment advocate?
A)Justice Rehnquist
B)Justice Harlan
C)Justice Brennan
D)Justice White

Accepted Answer

Justice William Brennan was known for his strong support of the First Amendment and his belief in protecting free speech and press. He was also an influential member of the court during his tenure from 1956 to 1990, and his opinions helped shape many landmark decisions related to First Amendment rights.

Question 16

In order for First Amendment protections to apply in a given instance,there must have been some "state action."

Accepted Answer

The requirement of state action is a fundamental principle of the First Amendment, meaning that the government or a state actor must be involved in the alleged violation of free speech rights for the First Amendment to apply. Private individuals or entities generally cannot violate the First Amendment, but they may be subject to other legal claims.

Question 17

In most cases,content restrictions on protected expression can be upheld only if
A)the expression is offensive to the average person.
B)the restriction is in the form of a statute.
C)the restriction furthers a compelling government interest.
D)the expression is political in nature.

Accepted Answer

The Supreme Court has stated that content-based restrictions on protected expression can be upheld only if they further a compelling government interest. This test is often referred to as the strict scrutiny standard. The other choices listed are not sufficient to limit protected expression. Offensive expression or political expression, for example, are generally protected under the First Amendment. A restriction must also be more specific than just a generic statute to be considered constitutional.

Question 18

The ability of government to control speech within its own facilities or communication systems depends on
A)whether the facility is a public forum.
B)whether the average person would be offended by the speech.
C)the size of the audience.
D)Both b and c

Accepted Answer

The ability of government to control speech within its own facilities or communication systems depends on whether the facility is a public forum. In a public forum, individuals have a right to express their opinions and ideas, and the government's ability to restrict speech is limited. However, in non-public forums, such as government buildings or communication systems, the government has greater control over speech. Factors such as whether the average person would be offended by the speech or the size of the audience may be considered, but they are not the primary determinants of the government's ability to control speech.

Question 19

Promoting ill opinions of government in the seventeenth and eighteenth centuries was often known as
A)expressive conduct.
B)seditious libel.
C)criminal profanity.
D)None of the above

Accepted Answer

Promoting ill opinions of government in the seventeenth and eighteenth centuries was often known as seditious libel, and it was considered a criminal offense.

Question 20

Legitimate time,place,and manner restrictions
A)may also specify limitations on message content.
B)need not allow alternative channels for communication of the message.
C)must be content-neutral.
D)must leave plenty of room for administrative discretion.

Accepted Answer

Time, place, and manner restrictions must be content-neutral, meaning they cannot regulate the speech based on its content. They are designed to regulate the conditions under which speech or expression can occur, not what is being said.

Quiz 2: The First Amendment

Which of the following best describes how a "natural-law" system operates?

The framers of the Constitution were in substantial agreement as to the proper scope of freedom of expression.

Certain categories of expression have been deemed unprotected by the First Amendment.One of the unprotected categories is

What was the most important case to formalize the doctrine against prior restraint?

The First Amendment itself

Which of the following is true about the First Amendment?

Free speech rights generally include the right to both gather and disseminate information.

_____ has been deemed to be within the guarantee of the First Amendment,though it is not protected as broadly as most other forms of expression.

In Simon & Schuster v.Crime Victims Board,the Supreme Court invalidated a New York statute because the statute

Legislation that punishes protected speech as well as the targeted,unprotected expression is typically held unconstitutional under the

The First Amendment was for the first time applied to the states in the landmark 1925 case of

One of the first published arguments in favor of freedom of the press was made by the poet John Milton in his book titled

Prior restraints can arise through

Which of the following is NOT a common justification for freedom of speech?

Which one of the following Supreme Court justices was known for being a particularly ardent First Amendment advocate?

In order for First Amendment protections to apply in a given instance,there must have been some "state action."

In most cases,content restrictions on protected expression can be upheld only if

The ability of government to control speech within its own facilities or communication systems depends on

Promoting ill opinions of government in the seventeenth and eighteenth centuries was often known as

Legitimate time,place,and manner restrictions