Question 1

In the context of privacy legislations,which of the following statements is true of the Freedom of Information Act of 1966?

Accepted Answer

The answer of In the context of privacy legislations,which of...

Question 2

Under the _____,the government may restrict expression if it would cause a dangerous condition,actual or imminent,that Congress has the power to prevent.

Accepted Answer

The phrase "actual or imminent danger" is key in identifying the clear and present danger test as the correct answer. This test allows the government to restrict speech that poses a danger to public safety or national security. The other options listed do not specifically address the government's ability to restrict expression in this manner.

Question 3

A mainstream movie theatre decides not to show "Infernal Frozen Land," a film that has received a NC-17 rating from the Motion Picture Association of America.The voluntary restriction applied to this movie is in accordance with the:

Accepted Answer

The First Amendment of the US Constitution protects the freedom of expression, including the right to receive and impart information and ideas through any medium of choice, such as film. However, this right may be restricted by laws protecting public health, safety, and morals. The voluntary decision of the movie theatre to not show the film with a NC-17 rating is an exercise of their right to choose what content is appropriate for their audience, which is protected by the First Amendment.

Question 4

Ryan,a Dutch footballer,posts an old video of him playing on BeFriend,a social media site.One of Ryan's followers on the site mocks him for his poor performance in his recent matches.Incensed by the jibe,Ryan retorts on the Internet with hateful comments based on the person's appearance.Ryan even tries to frame the person as mentally challenged by posting his morphed pictures online.In this scenario,Ryan can be convicted of:

Accepted Answer

Ryan's behavior falls under the definition of cyberbullying, as he has used the internet to intimidate, humiliate, or threaten someone. His retaliatory behavior in response to the jibe is unacceptable, and his attempt to portray the person as mentally challenged is a violation of their human dignity. Thus, he can be convicted of cyberbullying. The other options do not apply to this scenario.

Question 5

In the landmark _____ (1965),the Supreme Court held that the right to privacy is implied by other rights guaranteed in the First,Third,Fourth,Fifth,and Ninth Amendments.

Accepted Answer

The case of Griswold v. Connecticut established the constitutional right to privacy, stating that it was implied by other rights guaranteed in the First, Third, Fourth, Fifth, and Ninth Amendments. This case dealt with a Connecticut law that criminalized the use of contraceptives even by married couples. The Court decided in a 7-2 ruling that this law violated the right to marital privacy. The case marked the first time the Supreme Court had recognized a right to privacy under the Constitution.

Question 6

Which of the following statements is true of the preferred-position doctrine?

Accepted Answer

The preferred-position doctrine asserts that certain fundamental freedoms, such as speech and press, are essential to a democracy and should be given a high degree of protection.

Question 7

In the _____ case,the Supreme Court held that the "right to privacy ...is broad enough to encompass a woman's decision to terminate a pregnancy," subject to certain regulations.

Accepted Answer

In the landmark case of Roe v. Wade (1973), the Supreme Court held that the right to privacy protected a woman's decision to have an abortion, subject to certain regulations. This decision legalized abortion throughout the United States and is considered one of the most important Supreme Court decisions in U.S. history.

Question 8

Identify a true statement about prior restraint.

Accepted Answer

The answer of Identify a true statement about prior restraint.
...

Question 9

In the context of the practice of euthanasia,in 1997,the Supreme Court:

Accepted Answer

In 1997, the Supreme Court of the United States upheld the states' rights and held that state laws could ban assisted suicide. However, the Supreme Court did not rule that state laws permitting assisted suicide are unconstitutional. Therefore, answer D is the correct choice.

Question 10

Which of the following statements is true of seditious speech?

Accepted Answer

Seditious speech is speech that urges resistance to lawful authority or advocates for overthrowing the government. It is often considered a threat to national security and can be punishable under the law.

Question 11

Since 1971,the Supreme Court has used a test to determine whether government aid to parochial schools is constitutional.To be constitutional,the aid must:

Accepted Answer

The correct answer is D because the Supreme Court has used the "Lemon test" since 1971 to determine whether government aid to parochial schools is constitutional. The test consists of three prongs, but the one that directly relates to this question is the requirement that the aid must "avoid excessive government involvement in religion." This means that the aid should not promote or inhibit any particular religion, and should not entangle the government too deeply in religious activities. Providing aid for textbooks or teacher salaries may be acceptable, as long as it does not violate this principle. The other answer choices are incorrect because they do not reflect the full scope of the Lemon test or the principles underlying the Establishment Clause of the First Amendment.

Question 12

Slander,a form of unprotected speech,must:

Accepted Answer

Slander involves making false spoken statements with the intent to harm someone's reputation.

Question 13

In the context of privacy legislations,identify a true statement about the Privacy act of 1974.

Accepted Answer

The answer of In the context of privacy legislations,identify a...

Question 14

In the _____ case of 1968,the Supreme Court ruled that an American law prohibiting the teaching of evolution was unconstitutional.

Accepted Answer

The Epperson v. Arkansas case in 1968 challenged a state law that prohibited the teaching of evolution in public schools. The Supreme Court ruled that the law was unconstitutional, citing the Establishment Clause of the First Amendment. This case ultimately paved the way for the teaching of evolution in public schools across the United States.

Question 15

Which of the following statements is true of the current Supreme Court doctrine for assessing the constitutionality of subversive speech?

Accepted Answer

The current Supreme Court doctrine for assessing the constitutionality of subversive speech holds that speech can be forbidden only when it is "directed to inciting . . . imminent lawless action." This is commonly known as the "incitement test", which was established in the 1969 case of Brandenburg v. Ohio. The court ruled that speech advocating illegal activity is protected under the First Amendment unless the speech is directed to inciting imminent lawless action and is likely to incite or produce such action.

Question 16

TR News,publishes a story about the current state governor's son having allegedly smuggled narcotics across the border.Upon reading the news,the governor develops health complications.Further investigations reveal that his son is innocent and he is cleared of all charges.However,the governor feels that he can collect damages from TR News for having published the story against his son.The form of unprotected speech being discussed in this scenario is:

Accepted Answer

Libel refers to a false publication that is defamatory in nature, which can harm the reputation of the person or entity mentioned in it. In this scenario, TR News published a false story about the governor's son smuggling narcotics across the border, which is defamatory and harmful to his reputation. As a result, the governor can seek damages from TR News for publishing the false story.

Question 17

To be ruled obscene,an expression must:

Accepted Answer

The only option that describes the criteria for ruling an expression obscene is E, which states that the expression must excite unwholesome sexual desire. This is the traditional legal definition of obscenity, as outlined in the US Supreme Court case Miller v. California. The other options are not directly related to obscenity.

Question 18

Commercial speech:

Accepted Answer

Commercial speech is protected by the First Amendment, but it is not considered as fully protected as regular speech. The Supreme Court has ruled that commercial speech may be restricted if the government has a substantial interest in regulating the speech, and the restriction directly advances that interest. However, the restriction must not be more extensive than necessary to serve that interest.

Question 19

Which of the following statements is true of the bad tendency test?

Accepted Answer

The bad tendency test was used to determine if restrictions on free speech, such as those imposed by the Sedition Act, were constitutional by assessing if the speech had a tendency to result in illegal activity.

Question 20

An act of fraud:

Accepted Answer

The act of fraud is not protected under the First Amendment. The First Amendment protects freedom of speech, religion, press, assembly, and petition, but it does not protect fraudulent activities. Fraud is considered a form of deception and is not legally protected.

Quiz 4: Civil Liberties