Deck 5: Freedom of Expression

Question 1

Messages whose primary purpose is to communicate information about a specific transaction are subject to the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act.

Answer 1

False

Question 2

Over the years, a number of federal, state, and local laws have been found unconstitutional because they violated one of the tenets of the First amendment.

Answer 2

True

Question 3

The right to freedom of expression is restricted when the expressions, whether spoken or written, are untrue and cause harm to another person.

Answer 3

True

Question 4

The Supreme Court has ruled that the Fifth Amendment protects the right to speak anonymously as part of the guarantee of free speech.

Question 5

A strategic lawsuit against public participation (SLAPP) is typically without merit.

Question 6

Anonymous political expression played an important role in the early formation of the United States.

Question 7

The Children's Internet Protection Act (CIPA) was an attempt to protect children from accessing pornography and other explicit material online.

Question 8

Free-speech advocates believe that purchasing adult pornographic material is illegal and wrong even for consenting adults.

Question 9

The Fifth Amendment protects American's rights to freedom of religion and freedom of expression.

Question 10

A U.S. citizen who posts material on the Web that is illegal in a foreign country cannot be prosecuted in that country.

Question 11

Each violation of the provisions of the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act can result in a fine of up to $250 for each unsolicited email, and fines can be tripled in certain cases.

Question 12

With URL filtering, a particular URL or domain name is identified as an objectionable site and the user is not allowed access to it.

Question 13

Anti-SLAPP laws can identify whether there are any merits to a lawsuit.

Question 14

Anonymity on the Internet is practically guaranteed.

Question 15

With dynamic content filtering, each Web site's content is evaluated immediately before it is displayed, using techniques such as object analysis and image recognition.

Question 16

Typically, Internet service providers (ISPs) have the resources to prescreen online content.

Question 17

An oral defamatory statement is libel.

Question 18

The goal of the Child Online Protection Act (COPA) was to protect children from harmful material on the World Wide Web, however, it was ruled unconstitutional.

Question 19

In general, the closer an Internet service provider (ISP) is to a pure service provider than to a content provider, the more likely that the Section 230 immunity of the Communications Decency Act (CDA) will apply.

Question 20

Internet filters cannot block users from accessing useful information.

Question 21

Most countries other than the United States do not provide constitutional protection for hate speech.

Question 22

Which of the following statements best describes the reason why social networking companies cannot be sued for defamation for user postings that appear on their sites?

A)The Communications Decency Act (CDA) uses a vague definition of indecency.
B)The Communications Decency Act (CDA) is not applicable to social networking sites.
C)Section 230 of the Communications Decency Act (CDA) is not considered unconstitutional.
D)Section 230 of the Communications Decency Act (CDA) does not provide immunity to an Internet service provider (ISP).

Question 23

Proponents of the Children's Internet Protection Act (CIPA) contended that shielding children from drugs, hate, pornography, and other topics is a sufficient reason to justify which of the following?

A)Internet filters
B)spams
C)compression
D)encryption

Question 24

Which of the following can provide a virtually untraceable level of anonymity to email messages?

A)Relay servers
B)Podcasts
C)Web mail servers
D)Remailers

Question 25

Which of the following is the Supreme Court case that established a test to determine if material is obscene and therefore not protected by the First Amendment?

A)Miller v.Brown
B)Miller v.California
C)Miller v.Stern
D)Miller v.Texas

Question 26

Which act became law in 1996 with the purpose of allowing freer competition among phone, cable, and TV companies?

A)Telecommunications Act
B)Telecommunications Deregulation and Reform Act
C)Child Online Protection Act
D)Communications Opportunity, Promotion and Enhancement Bill

Question 27

A defining moment in the history of freedom of the press in the United States came in 1735 when jurors refused to convict a man for seditious libel. Who was that man?

A)George Washington
B)Ben Franklin
C)Paul Revere
D)John Zenger

Question 28

Despite the importance of which of the following in early America, it took nearly 200 years for the Supreme Court to render rulings that addressed it as an aspect of the Bill of Rights?

A)privacy
B)freedom
C)anonymity
D)rights

Question 29

A strategy employed by corporations, government officials, and others against citizens and community groups who oppose them on matters of public interest is known as which of the following?

A)A John Doe lawsuit
B)A SLAPP
C)Internet censorship
D)Anonymous expression

Question 30

The plaintiff in a strategic lawsuit against public participation (SLAPP) can present themselves to the court admitting that their intent is to censor their critics.

Question 31

Which of the following can be used against an anonymous defendant to reveal truths about the defendant's identity?

A)Internet censorship
B)A John Doe lawsuit
C)Hate speech
D)An anti-SLAPP law

Question 32

The Supreme Court has held that obscene speech and which of the following are not protected by the First Amendment and may be forbidden by the government?

A)audition
B)defamation
C)declamation
D)demarcation

Question 33

Which of the following statements is true of Communications Decency Act (CDA)?

A)Title V of the CDA was the Telecommunications Act, aimed at protecting children from pornography.
B)The CDA imposed a $150,000 fine and a prison term of up to five years for the transmission of "indecent" material over the Internet.
C)The problem with the CDA was its broad language and vague definition of "indecency," a standard that was left to individual communities to determine.
D)In June 2004, the ruling by the Supreme Court in the case of Ashcroft v.American Civil Liberties Union made it clear that CDA was unconstitutional.

Question 34

Although people have the right to express opinions, they must exercise care in their Internet communications to avoid possible charges of which of the following?

A)Internet censorship
B)doxing
C)declamation
D)defamation

Question 35

Section 230 of which act provides immunity to an Internet service provider (ISP) that publishes user-generated content, as long as its actions do not rise to the level of a content provider?

A)Online Protection Act
B)Online Privacy Protection Act
C)Internet Freedom and Nondiscrimination Act
D)Communications Decency Act

Question 36

Pornography purveyors are free to produce and publish whatever they want; however, if what they distribute is judged obscene, they are subject to prosecution under the obscenity laws.

Question 37

Possession of child pornography is a federal offense punishable by up to how many years in prison?

A)two
B)five
C)seven
D)ten

Question 38

Anti-SLAPP laws are designed to protect children from pornography.

Question 39

Private schools may prohibit students, instructors, and other employees from engaging in offensive speech.

Question 40

Which of the following is considered an absolute defense against a charge of defamation?

A)Libel
B)Slander
C)The First Amendment
D)Truth

Question 41

Which of the following terms is defined as the control or suppression of the publishing or accessing of information on the Internet?

A)Internet filtering
B)Anonymous expression
C)Internet censorship
D)Slander

Question 42

Explain a John Doe lawsuit.

Question 43

The California State Court in Pre-Paid Legal v. Sturtz et al. set a legal precedent that refined the criteria courts apply to which of the following?

A)subpoenas requesting the identity of anonymous Web posters
B)determination of obscene material
C)Internet filtering within public libraries
D)identification of hate speech

Question 44

How has the definition of freedom of speech evolved over time as the courts have ruled on First Amendment cases?

Question 45

If an employee sees a coworker viewing porn on a workplace computer, that employee may be able to claim that the company has:

A)encouraged defamation of the character of its employees
B)engaged in racial discrimination
C)violated the employee's First Amendment rights
D)created a hostile work environment

Question 46

Although they may implement a speech code, which of the following entities are legally considered agents of the government and therefore must follow the First Amendment's prohibition against speech restrictions based on content or viewpoint?

A)religious institutions
B)public schools and universities
C)Internet service providers
D)communications providers

Question 47

Which country has the largest online population in the world and also perhaps the most rigorous Internet censorship?

A)United States
B)India
C)Japan
D)China

Question 48

Violation of which of the following acts can cause a school or public library to lose funding to help pay for its Internet connections?

A)Child Online Protection Act (COPA)
B)Children's Internet Protection Act (CIPA)
C)Children's Online Privacy Protection Act (COPPA)
D)Communications Decency Act (CDA)

Question 49

Proponents of the Children's Internet Protection Act (CIPA) argued that:

A)schools can define what sites to block.
B)Internet filters are highly flexible and customizable.
C)the motives of private software companies who develop the Internet filters are clear.
D)CIPA transfers power to education over private software companies who develop the Internet filters.

Question 50

Which of the following allows people to state their opinions without revealing their identity?

A)Defamation
B)Anonymous expression
C)Libel
D)A John Doe lawsuit

Question 51

In the United States, speech that is merely annoying, critical, demeaning, or offensive enjoys protection under which Amendment?

A)First
B)Second
C)Fourth
D)Fifth

Question 52

Which of the following statements is true of Children's Internet Protection Act (CIPA)?

A)In case of CIPA, Congress specifically defined what content or Web sites should be forbidden and the measures to be used.
B)CIPA requires the tracking of Internet use by minors or adults.
C)In June 2004, the Supreme Court ruling in the case of Ashcroft v.American Civil Liberties Union made it clear that CIPA was unconstitutional.
D)CIPA requires federally financed schools to use some form of technological protection to block computer access to obscene material.

Question 53

Software that can be installed with a Web browser to block access to certain Web sites that contain inappropriate or offensive material is known as which of the following?

A)Internet filter
B)router
C)bridge
D)Web modem

Question 54

Which of the following involves the examination of Internet records in an attempt to reveal the identity of an anonymous poster?

A)Remailing
B)Doxing
C)Slandering
D)Libeling

Question 55

Discuss why U.S. organizations must be very careful when dealing with issues relating to pornography in the workplace.

Question 56

A survey by the Nielsen found that what percentage of the workforce accessed pornography from their workplace computer?

A)less than 15 percent
B)25 percent
C)50 percent
D)nearly 75 percent

Question 57

When a U.S. citizen engages in an activity protected by the U.S. Constitution, even if the activity violates the criminal laws of another country, U.S. laws do not allow which of the following?

A)the person to be imprisoned
B)the person to be sued
C)the person to be extradited
D)the person to be judged

Question 58

Why do some people believe that the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act has increased the amount of spam?

Question 59

An oral defamatory statement is called which of the following?

A)libel
B)hate speech
C)slander
D)exaggeration

Question 60

How can speech be considered obscene and not protected under the First Amendment?