Deck 9: Free Speech, Street Crimes, and the Bill of Rights

Question 1

Freedom of speech is an absolute right.

Answer 1

False

Question 2

The crime of inciting occurs when speech or communication urges: ​

A)violent lawless action.
B)imminent lawless action.
C)obscene lawless action.
D)felonious lawless action.

Answer 2

B

Question 3

______ is patently offensive sexual material which is not protected by the First Amendment. ​

A)Pornography
B)Obscenity
C)Profanity
D)Blasphemy

Answer 3

B

Question 4

A bar can be declared a chronic nuisance if law enforcement officers are repeatedly called because of disturbances on the premises.

Question 5

Violations of restraining orders are not "true threats."

Question 6

Cyber stalking, or using the Internet to stalk or harass a person, is a variation on the usual physical acts in stalking.

Question 7

Symbolic speech such as uniforms, religious garb, black armbands, and hand gestures express messages and ideas and are protected by the: ​

A)First Amendment. ​
B)Second Amendment.
C)Third Amendment.
D)Fourth Amendment.

Question 8

In determining whether something is obscene, the court will view the material from the point of view of: ​

A)expert witnesses.
B)a reasonable police officer.
C)the average person applying community standards.
D)a person well acquainted with art and literature

Question 9

The fighting words exception to First Amendment protection generally requires: ​

A)the use of obscenity.
B)face-to-face confrontation.
C)a defamatory message.
D)vulgar language.

Question 10

The First Amendment does not protect: ​

A)political speech.
B)commercial communications.
C)fighting words.
D)advertising.

Question 11

A statute forbidding persons not in custody from making false statements to law enforcement officers, even if not under oath, would: ​

A)not violate the First Amendment.
B)violate the First Amendment.
C)violate the privilege against self-incrimination.
D)violate due process.

Question 12

Local, state, or federal governments in the United States cannot forbid or suppress speech and punish the speaker unless the speech is likely to bring harm to people or property.

Question 13

The offense of inciting another to commit a crime is not completed until the other person performs the unlawful act.

Question 14

Public use of vulgar, profane, or indecent language or signs: ​

A)is generally protected speech.
B)is never protected by the First Amendment.
C)violates the First Amendment only if it is offensive to the general public.
D)is automatically considered a breach of the peace.

Question 15

The Supreme Court has stated that the right to bear arms is a "fundamental right" made binding on states by the Due Process clause.

Question 16

An e-mail threat against all females will constitute a "true threat."

Question 17

According to the US Supreme Court, it is the duty of law enforcement to define obscenity.

Question 18

"Fighting words" are protected speech under the First Amendment.

Question 19

The ______ test is used by the government to ban speech because of its potential for harm. ​

A)clear and present danger
B)obvious and current harm
C)contingent and imminent injury
D)overt and contemporary peril

Question 20

The offense of inciting occurs: ​

A)if the person incited actually commits the crime.
B)if the person inciting participates in the criminal act.
C)even if the unlawful act is never actually committed.
D)if the inciting words are expressed in a loud and forceful voice.

Question 21

According to the US Supreme Court, ____ is protected by the First Amendment freedom of religion clause. ​

A)worship
B)violation of child labor laws
C)polygamy
D)handling dangerous animals in a religious ceremony

Question 22

The government may impose restrictions on speech if the speech will create: ​

A)a clear and present danger.
B)civil unrest.
C)an impending danger.
D)an unreasonable danger.

Question 23

The Second Amendment refers to ______ right to keep and bear arms. ​

A)the states'
B)the militias'
C)the people's
D)the National Guard's

Question 24

The two forms of defamation are: ​

A)past and imminent.
B)libel and slander.
C)latent and patent.
D)dangerous and offensive.

Question 25

One person cannot stalk another person by: ​

A)spying on the victim.
B)following the victim.
C)e-mailing the victim.
D)reading a Facebook page.

Question 26

______ is speech which injures the character or reputation of another by written communication. ​

A)Slander
B)Libel
C)Extortion
D)False publication

Question 27

Defamation is the communication of false statements that: ​

A)cause another to commit a breach of the peace.
B)pose a clear and present danger.
C)are patently offensive.
D)damage the reputation of another.

Question 28

______ is NOT one of the guidelines for American courts to define obscenity established in the 1973 case of Miller v. California . ​

A)Whether "the average person applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest
B)Whether the work or communication depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law
C)Whether the work or communication, taken as a whole, lacks serious literary, artistic, political, or scientific value
D)All of these choices.

Question 29

The offense of urging another to commit an unlawful act is: ​

A)inciting.
B)libel.
C)slander.
D)stalking.

Question 30

Stalking is a crime: ​

A)if the stalker actually harms the victim.
B)if the stalker attempts to harm the victim.
C)even if the stalker does not attempt to harm the victim.
D)if the victim can identify the stalker.

Question 31

Using the US mail or e-mail to convey a threat of violence is: ​

A)a form of pure speech.
B)a form of symbolic speech.
C)considered fighting words.
D)a violation of federal law.

Question 32

When a city or state restricts conduct in public places: ​

A)it must have proof that the conduct is or will be harmful.
B)the public place must attract large numbers of people.
C)the restrictions must not be aimed at speech.
D)it must show it has a significant interest in placing restrictions and they must be no greater than necessary.

Question 33

The crime of unlawful assembly: ​

A)prohibits the assembly of people for an unlawful purpose or under circumstances that endanger the public peace. ​
B)prohibits political demonstrations without a permit.
C)allows the government to limit First Amendment speech.
D)was a common crime that most jurisdictions no longer recognize.

Question 34

______ is speech that, because it will likely incite immediate violence, is not protected by the First Amendment.

A)Fighting words
B)Obscenity
C)Rude language
D)Incitement

Question 35

A state or federal gun control law is likely to: ​

A)violate the Second Amendment.
B)be supported by the NRA.
C)be struck down by the federal court.
D)be upheld.

Question 36

The offense of injuring the character or reputation of another by oral or written communication of false statements is: ​

A)defamation.
B)libel.
C)slander.
D)stalking.

Question 37

The First Amendment protects the freedom of religion, speech, free assembly, the press, and:

A)petitioning Government for redress of grievances.
B)suing Government for redress of grievances.
C)libeling Government for redress of grievances.
D)slandering Government for redress of grievances.

Question 38

In District of Columbia v. Heller , 128 S. Ct. 2783, the US Supreme Court held that the Second Amendment was a: ​

A)private right.
B)state right.
C)federal right.
D)government right.

Question 39

______ has NOT been considered to be a "true threat." ​

A)A threat against public officials
B)A threat by schoolchildren against teachers or other students
C)A terrorist threat
D)Support of extreme political beliefs

Question 40

A person who lies to federal investigators can be charged under the: ​

A)Federal Fraudulent Claim Act.
B)Federal Obstruction of Investigation Act.
C)Federal Perjury Act.
D)Federal False Statement Act.

Question 41

Janie is in love with Brad Pitt and sends fan letters to him constantly. Over time, the letters become more sinister and demanding, eventually containing threats and defaced pictures of Pitt. Frustrated with a lack of response, Janie begins to take time out of school to walk the sidewalk outside Pitt's home, and to follow him around the city. She finally corners Pitt alone and threatens to kill herself if he does not obtain an immediate divorce from Angelina Jolie and marry her. Pitt immediately goes to court.

A)Janie runs the most serious legal risk because of: ​
B)the defaced pictures included in her letters.
C)her use of the US Mail to send threatening letters.
D)Pitt's married status.
E)her presence on the sidewalk outside of Pitt's residence.

Question 42

Insulting or abusive language addressed to a person face-to-face is: ​

A)threatening speech.
B)obscene speech.
C)fighting words.
D)vulgar speech.

Question 43

Fawn purchases a gun for protection, even though a local ordinance forbids the possession of firearms within city limits. While in her home, the police arrive on an unrelated matter and notice the hand gun on Fawn's coffee table. The police subsequently arrest Fawn for violation of the city's gun control laws.

A)The Heller decision of the Supreme Court applies to Fawn's possession of a handgun because: ​
B)Fawn had the gun in her car.
C)Fawn did not have a owner's permit.
D)Fawn's gun was found in the house.
E)the Heller decision deals with free speech and therefore does not apply.

Question 44

Flag and cross burning are examples of what ______ speech? ​

A)unpatriotic
B)slander
C)symbolic
D)hate

Question 45

Mike is the local political agitator and has been on his soap box to denounce the local mayor of the city where he lives. He claims the mayor has stolen from the city treasury and calls on all citizens to march on city hall. During his speech, Mike burns in effigy a likeness of the mayor. Mike was arrested by city police and charged with inciting a riot and slander, as well as making threats against a public official.

A)The mayor makes a statement to the press that he is innocent of Mike's charges and was defamed by his speech. The mayor stands little chance of winning in court, however, because the mayor: ​
B)is a public figure.
C)is actually guilty.
D)was not harmed by the speech.
E)cannot forbid nuisance speech.

Question 46

Statements or actions that unequivocally convey the message that violent actions will be taken is: ​

A)hate speech.
B)threats of violence.
C)terrorist threats.
D)true threat.

Question 47

City governments cannot regulate: ​

A)disagreeable noises.
B)nuisance speech.
C)loud and raucous noise.
D)public nuisances.

Question 48

When directed to a police officer, ______ is protected by the First Amendment? ​

A)a threat
B)speech connected to disorderly conduct
C)fighting words
D)a vulgar gesture

Question 49

Mike is the local political agitator and has been on his soap box to denounce the local mayor of the city where he lives. He claims the mayor has stolen from the city treasury and calls on all citizens to march on city hall. During his speech, Mike burns in effigy a likeness of the mayor. Mike was arrested by city police and charged with inciting a riot and slander, as well as making threats against a public official.

A)The city claims that Mike's demand that the citizens of the city march on city hall is tantamount to: ​
B)inciting.
C)slander.
D)symbolic.
E)nuisance speech.

Question 50

______ is a serious expression of the intent to inflict bodily harm. ​

A)Hate speech
B)Threat of violence
C)Terrorist threating
D)True threat

Question 51

______ is speech that is likely to incite immediate violence. ​

A)Political speech
B)Disorderly conduct
C)Fighting words
D)Advertising

Question 52

Mike is the local political agitator and has been on his soap box to denounce the local mayor of the city where he lives. He claims the mayor has stolen from the city treasury and calls on all citizens to march on city hall. During his speech, Mike burns in effigy a likeness of the mayor. Mike was arrested by city police and charged with inciting a riot and slander, as well as making threats against a public official.

A)Mike disputes the charges one by one, claiming the burning of the mayor's likeness is protected ____ speech. ​
B)unpatriotic
C)slander
D)symbolic
E)hate

Question 53

The explicit right to privacy may be found in the Constitution's: ​

A)First Amendment.
B)Fourth Amendment.
C)Second Amendment.
D)None of these choices.

Question 54

Nonverbal expressions that convey a belief or idea are ______ speech. ​

A)libelous
B)slanderous
C)symbolic
D)hate

Question 55

Fawn purchases a gun for protection, even though a local ordinance forbids the possession of firearms within city limits. While in her home, the police arrive on an unrelated matter and notice the hand gun on Fawn's coffee table. The police subsequently arrest Fawn for violation of the city's gun control laws.

A)The ______ Amendment is the most applicable to this situation. ​
B)First
C)Fifth
D)Second
E)Sixth

Question 56

______ is loud, obnoxious or otherwise offensive conduct in a public place. ​

A)Political speech
B)Disorderly conduct
C)Fighting words
D)Advertising

Question 57

Fawn purchases a gun for protection, even though a local ordinance forbids the possession of firearms within city limits. While in her home, the police arrive on an unrelated matter and notice the hand gun on Fawn's coffee table. The police subsequently arrest Fawn for violation of the city's gun control laws.

A)Fawn admits to taking the gun with her to do her shopping, in violation of the city's ban on guns. The city: ​
B)has no right to prevent Fawn from taking her gun to the stores.
C)cannot require Fawn to obtain a permit for owning a gun.
D)can require Fawn to obtain a permit to carry a concealed handgun when she shops.
E)has no ability to prevent Fawn from taking her gun to the stores.

Question 58

Janie is in love with Brad Pitt and sends fan letters to him constantly. Over time, the letters become more sinister and demanding, eventually containing threats and defaced pictures of Pitt. Frustrated with a lack of response, Janie begins to take time out of school to walk the sidewalk outside Pitt's home, and to follow him around the city. She finally corners Pitt alone and threatens to kill herself if he does not obtain an immediate divorce from Angelina Jolie and marry her. Pitt immediately goes to court.

A)______ is not a reason to find Janie guilty of stalking. ​
B)Spying on Pitt from the sidewalk
C)Following Pitt around the city
D)Mailing letters to Pitt
E)Going to the Brad Pitt Internet fan page

Question 59

Janie is in love with Brad Pitt and sends fan letters to him constantly. Over time, the letters become more sinister and demanding, eventually containing threats and defaced pictures of Pitt. Frustrated with a lack of response, Janie begins to take time out of school to walk the sidewalk outside Pitt's home, and to follow him around the city. She finally corners Pitt alone and threatens to kill herself if he does not obtain an immediate divorce from Angelina Jolie and marry her. Pitt immediately goes to court.

A)______ would be considered to be a "true threat." ​
B)The defaced pictures contained in Janie's letters
C)Janie's threat to kill herself
D)The cornering of Pitt
E)None of these choices.

Question 60

Mike is the local political agitator and has been on his soap box to denounce the local mayor of the city where he lives. He claims the mayor has stolen from the city treasury and calls on all citizens to march on city hall. During his speech, Mike burns in effigy a likeness of the mayor. Mike was arrested by city police and charged with inciting a riot and slander, as well as making threats against a public official.

A)Cleared of all charges, Mike leaves the courtroom and makes an obscene gesture towards the mayor. The mayor feels threatened but the courts would not view this gesture as: ​
B)"fighting words."
C)being in good taste.
D)funny.
E)nuisance speech.

Question 61

For an unlawful assembly to be present, there must be _____ or more people present.

Question 62

A person can stalk another by sending ______ messages.

Question 63

Fighting words differ from ordinary rude language because they carry the possibility of inciting another to ______.

Question 64

Differentiate between libel and slander. Explain how public officials are treated under defamation laws.

Question 65

The two main forms of __________ are libel and slander. ​

Question 66

Describe the "clear and present danger" test used to allow the government to restrict speech, and give examples of when it would come into play. ​

Question 67

Loud, obnoxious, or other offensive conduct in a public place is called ____ ______.

Question 68

One of the tests discussed in the textbook used to judge government restrictions on speech is the _____ test.

Question 69

First Amendment freedoms and the rights of expression in public places are not ___________.

Question 70

A tumultuous disturbance of the peace involving three or more people assembled with a common purpose to do an unlawful act is referred to as a _____.

Question 71

Obscenity is speech or other communication that appeals to a reasonable person's prurient interest, describes in an offensive manner specific defined sexual conduct, and has no social _____ value.

Question 72

Explain how a protester burning the American flag or a cross can be engaged in protected speech under the First Amendment.

Question 73

Violation of a restraining order can subject the violator to a ________ charge.

Question 74

List and explain the guidelines established by the US Supreme Court in the 1973 case of Miller v. California for courts to define obscenity.

Question 75

Explain how fighting words differ from ordinary rude language, and how the standards are different for words directed at police officers.

Question 76

All states have laws forbidding a breach of the peace, also known as _________ _________.

Question 77

A clear and present danger is the possibility that some speech or conduct will bring harm to people or property ______.

Question 78

​ Under the First Amendment, government cannot forbid ________ unless it is likely to bring harm to people or property.

Question 79

Laws directed at homeless persons are usually ______ by the courts.

Question 80

A serous expression of an intent to inflict bodily harm is called ____ ______.