Deck 9: First Amendment Issues

Question 1

The Supreme Court has not applied the First Amendment restrictions to the states by the due process clause of U.S. Constitution, Amendment XIV.

Answer 1

False

Question 2

The liberty of speech, and of the press is not an absolute right, and the state may punish its abuse.

Answer 2

True

Question 3

The U.S. Supreme Court has held that government action must have a secular purpose.

Answer 3

True

Question 4

The touchstone for the Supreme Court's analysis of whether government action has a "secular legislative purpose" is the principle that the First Amendment mandates governmental neutrality between religion and religion, and between religion and nonreligion.

Question 5

The First Amendment has only one two clause that is tied to religion.

Question 6

The Supreme Court has placed a heavy burden on anyone trying to institute a prior restraint on the press.

Question 7

Freedom of the press protect does not include leaflets in its protection because they are generally a form of advertising.

Question 8

A state may regulate only that obscenity, which is the obscenest due to its prurient content,

Question 9

Since there is no right to privacy expressly enumerated in the U.S. Constitution, there is no constitutional right to privacy.

Question 10

Censorship for political and religious reasons has been traced back to at least Greek and Roman times.

Question 11

Miller v. California held that obscene material was not protected by the First Amendment.

Question 12

Under Miller v. California, obscenity is to be determined by applying "contemporary community standards" and not "national standards."

Question 13

The general rule on the use of school property appears to be that the school can prohibit all use by clubs, etc. but cannot pick and choose based on the whether the use involves a religious propose.

Question 14

Procunier v. Martinez held that the censorship of prisoner mail was not permitted under the First Amendment.

Question 15

In Turner v. Safley, the Supreme Court held that inmates could not marry.

Question 16

The right of privacy is expressly set forth in ___ Amendment.

A) First
B) Fifth
C) Ninth
D) None of the above answers are correct.

Question 17

The touchstone for the Supreme Court's analysis of whether government action has a "secular legislative purpose" is the principle that the First Amendment mandates

A) no involvement in religious matters.
B) governmental neutrality between religion and religion.
C) only limited involvement in religious matters.
D) freedom of religion.

Question 18

New York Times Co. v. United States placed a heavy burden on anyone

A) trying to institute a prior restraint on the press.
B) trying to punish someone for the past publication of material.
C) who publishes critical information regarding the government.
D) All the above statements are correct.

Question 19

Which of the below listed cases provides the present guidance on what constitutes obscene matter?

A) Mills v. Alabama
B) Miller v. California
C) Lovell v. Griffin
D) Griswold v. Connecticut

Question 20

Which of the below listed cases discussed the right of privacy?

A) Mills v. Alabama
B) Miller v. California
C) Lovell v. Griffin
D) Griswold v. Connecticut

Question 21

The test for obscenity includes which of the below requirements?

A) Whether the work, taken as a whole, lacked serious literary, artistic, political, or scientific value.
B) Whether the work, taken as a whole, has any literary, artistic, political, or scientific value.
C) Whether the work, in any manner has literary, artistic, political, or scientific value.
D) Whether the work, in any manner has no literary, artistic, political, or scientific value.

Question 22

What are the important restrictions on government action set forth in the First Amendment?

Question 23

What are the limitations on providing public financial aid to religious schools?

Question 24

What rights does a prisoner retain while in prison?

Question 25

Under what circumstances may the government prevent the publication in a newspaper of material that is unfavorable to the government?

Question 26

What constitutes obscenity?