Deck 7: Political Speech

Question 1

The First Amendment rights of non-media corporations were first developed in cases involving ballot propositions and public issues.

Answer 1

True

Question 2

Contributions to candidates are thought to present a much greater danger of corrupting the political process than expenditures.

Answer 2

True

Question 3

In the Citizens United case, the majority displayed much less fear of corporation-funded candidate speech than previous courts and legislatures.

Answer 3

True

Question 4

In Buckley v. Valeo, the U.S. Supreme Court held that Congress could not limit campaign contributions by individuals and PACs.

Question 5

In the Buckley case, the U.S. Supreme Court concluded that limits on expenditures would curb corruption.

Question 6

The Citizens United ruling places a new emphasis on disclosure of campaign expenditures.

Question 7

Profit-making corporations, such as Microsoft, are allowed to make federal campaign donations directly from corporate funds.

Question 8

In the Citizens United case, the U.S. Supreme Court by an 8-1 vote reaffirmed BCRA's disclosure requirements as constitutional, rejecting claims that disclosure requirements chill donations to a group by exposing donors to retaliation.

Question 9

501(c) groups may not have political activities as their primary purpose.

Question 10

PACs may spend unlimited amounts on behalf of a federal candidate as long as those expenditures are not coordinated with the candidate.

Question 11

A legally qualified candidate's campaign advertisement may be edited by a broadcaster to eliminate offensive material, such as images of aborted fetuses.

Question 12

The reasonable access law was found to be constitutional by the U.S. Supreme Court in the case CBS v. FCC. The central rationale of this decision is that the First Amendment rights of the candidate and the public outweigh those of broadcasters.

Question 13

Website operators are subject to the "equal opportunities" and "reasonable access" rules relating to political candidates.

Question 14

The political broadcasting rules eliminate financial disparities among candidates.

Question 15

All PACs must be sponsored by a corporation or union.

Question 16

Grassroots lobbying is not covered by the Lobbying Disclosure Act of 1995.

Question 17

Registered lobbyists are required to file semiannual statements identifying their clients and detailing the general areas and specific issues on which they have lobbied. Registered lobbyists need not, however, report the names of legislators or executive branch officials they have lobbied.

Question 18

The Honest Leadership and Open Government Act of 2007 severely restricts lobbyist gifts to lawmakers.

Question 19

In the case Randall v. Sorrell, the U.S. Supreme Court found Vermont's low contribution limits to be constitutional.

Question 20

The Citizens United ruling did not affect the ban on corporate and union contributions to federal candidates.

Question 21

In the case Arizona Free Enterprise Club's Freedom Club PAC v. Bennett, the U.S. Supreme Court upheld a law providing public funds to candidates in response to the privately financed campaign speech of opponents.

Question 22

As a result of the Citizens United case, unions may use treasury funds to sponsor candidate-related ads directed at non-union households.

Question 23

The SpeechNow ruling does not apply to PACs that make contributions to candidates.

Question 24

The majority of Super PAC expenditures are for "attack" messages opposing candidates.

Question 25

Corporations that market products directly to consumers have generally not contributed to Super PACs.

Question 26

Broadcasters are responsible for libel conveyed in ads by non-candidates, such as Super PACs.

Question 27

During the 2016 elections, Super PACs that were allowed to purchase broadcast time paid far more for that time than did candidates.

Question 28

Lobbyists who work for foreign "principals" are required to register and disclose their activities.

Question 29

Although petitioning the government is a right guaranteed by the First Amendment, Congress requires disclosure of lobbying to prevent corruption of democratic processes.

Question 30

Wealthy individuals may contribute unlimited amounts to Super PACs.

Question 31

Judges are elected for limited terms in the majority of states.

Question 32

In the 2016 presidential election, Hillary Clinton and her supporters spent more than double the amount spent by Donald Trump and his supporters on advertisements.

Question 33

In 2016, television's share of political advertising rapidly eroded as candidates shifted to digital media.

Question 34

The U.S. Supreme Court ruled 5-4 in Caperton v. Massey Coal Co. that due process requires a judge's recusal from a case involving a significant campaign supporter.

Question 35

Although the U.S. Supreme Court has upheld laws requiring the disclosure of campaign contributions and expenditures, requiring individual advocates to identify themselves may be unconstitutional.

Question 36

Social media platforms are free to determine whether or not ads will be sold through their platforms for political purposes.

Question 37

Social media platforms may ban all political advertising; however, if a social media platform accepts political ads, it is legally obligated to fact-check those ads.

Question 38

Special Counsel Robert Mueller, investigating Russian meddling in the 2016 election, used the Foreign Agents Registration Act (FARA) as a prosecutorial tool, and DOJ officials emphasized in late 2019 that increased enforcement of FARA remains a top priority.

Question 39

During campaign periods, a corporation:

A) may fund advertisements advocating the election or defeat of a federal candidate
B) may not donate corporate funds to a candidate
C) may create and sponsor a PAC
D) must disclose to the FEC expenditures of $10,000 or more for broadcast advertisements pertaining to federal candidates
E) all of the above

Question 40

The BCRA restriction on "electioneering communication":

A) was found to be unconstitutional in the Citizens United case
B) applied to newspapers
C) applied at all times
D) applied to speech by individuals
E) all of the above

Question 41

The 1978 case in which the U.S. Supreme Court ruled that states may not prohibit corporate expenditures relating to referenda:

A) Pacific Gas & Electric Co. v. PUC of California
B) First National Bank of Boston v. Bellotti
C) Johanns v. Livestock Marketing Association
D) Buckley v. Valeo
E) CBS v. FCC

Question 42

Corporations may be compelled to carry consumer news in company newsletters and mailings even if the news is critical of the corporation:

A) if the corporation is a monopoly
B) if the corporation is a public utility
C) if the stock of the corporation is publicly traded
D) all of the above
E) none of the above

Question 43

The Supreme Court has created a constitutional distinction between campaign contributions and expenditures because:

A) contributions are believed to present a greater danger of corrupting elections than expenditures
B) expenditures are believed to present a greater danger of corrupting elections than contributions
C) contributions are "pure speech"
D) expenditures have nothing to do with speech
E) None of the above

Question 44

The 2010 case in which the U.S. Supreme Court ruled corporations and unions may make expenditures advocating the election or defeat of federal candidates:

A) Austin v. Michigan Chamber of Commerce
B) Johanns v. Livestock Marketing Association
C) McConnell v. FEC
D) Buckley v. Valeo
E) Citizens United v. FEC

Question 45

In the Citizens United case, Justice Kennedy's opinion for the Court:

A) found that independent expenditures did not create the problem of quid pro quo corruption
B) found that disclosure of campaign expenditures would help the public understand who is funding campaign messages
C) held that corporations and unions may give unlimited amounts to federal candidates
D) A & B
E) none of the above

Question 46

The 1981 case in which the U.S. Supreme Court upheld the requirement that broadcasters provide reasonable amounts of time to federal candidates:

A) CBS v. FCC
B) Red Lion Broadcasting v. FCC
C) Turner Broadcasting v. FCC
D) National Citizens Committee for Broadcasting v. FCC
E) none of the above

Question 47

The equal opportunities requirements of the Communications Act apply to candidate-sponsored advertisements communicated to the public by:

A) newspapers
B) websites
C) broadcast stations
D) cable program services such as CNN
E) all of the above

Question 48

The equal opportunities requirements of the Communications Act do not apply to
Candidate appearances in:

A) bona fide newscasts
B) bona fide news interviews
C) on the spot coverage of news events
D) all of the above
E) none of the above

Question 49

Super PACs:

A) must disclose contributions and expenditures to the FEC
B) are prohibited from making contributions to federal candidates
C) may receive unlimited contributions from individuals, corporations, unions, and PACs
D) all of the above
E) none of the above

Question 50

Broadcasters:

A) are liable for libel conveyed during Super PAC broadcast ads
B) must sell time to Super PACs at the lowest unit rate
C) must sell time to Super PACs in response to appearances by legally qualified candidates
D) all of the above
E) none of the above

Question 51

As a result of the Citizens United case:

A) business corporations have sponsored massive ad campaigns concerning federal candidates
B) unions are now able to use general treasury funds to communicate candidate-related messages to non-union households
C) corporations spending treasury money on candidate ads must disclose these expenditures to the FEC
D) all of the above
E) B & C

Question 52

Why did a federal judge vacate an FEC regulation regarding the identification of donors who fund independent expenditures by 501(c)(4) nonprofit social welfare groups?

A) the regulation enabled these groups to evade significantly the disclosure requirements established by Congress
B) "dark money" donations are unconstitutional
C) the regulation suppressed important benefits that stem from disclosure, such as informing the electorate and deterring corruption
D) the judge did not vacate the FEC regulation because Congress tasked the IRS, not the FEC, with enforcement of campaign finance laws
E) A & C

Question 53

The Foreign Agents Registration Act (FARA):

A) relies on disclosure of agents' activities, not on suppression of their speech
B) historically was rarely enforced
C) saw a 50 percent increase in registrations after President Trump's former campaign manager pleaded guilty to FARA violations for failing to disclose lobbying for Ukraine
D) all of the above
E) none of the above

Question 54

In the 2021 case Americans for Prosperity Foundation v. Bonta, the Supreme Court held:

A) California may not require charities soliciting contributions in the state to disclose the identity of their major donors.
B) The disclosure requirement unconstitutionally burdened donors' First Amendment rights and was not narrowly tailored.
C) Although it was convenient for the state to have donor information "close at hand," mere administrative convenience did not justify the burden on donors' rights.
D) Measures such as a subpoena offered a more tailored approach to investigating fraud.
E) All of the above.

Question 55

What is the definition of the following term:
-Ballot propositions.

Question 56

What is the definition of the following term:
-Political Action Committee.

Question 57

What is the definition of the following term:
-Equal opportunities.

Question 58

What is the definition of the following term:
-Reasonable access.

Question 59

What is the definition of the following term:
-Lobbying Disclosure Act of 1995.

Question 60

What is the definition of the following term:
-Dark money.

Question 61

Discuss the distinction between contributions and expenditures in federal election law.

Question 62

Management of the Acme Corporation, a Texas-based producer of consumer products, wants to publicly express its opposition to legislative proposals to restrict immigration in the United States. In particular, the company wants to criticize a proposal sponsored by Senator Whiteman, a U.S. Senator who is a candidate for reelection in Arizona. The company also wants to urge the defeat of Senator Whiteman. Explain what steps the company may take to express its views publicly, with particular attention to the changes brought about by the Citizens United ruling of 2010.

Question 63

Explain the distinction between PACs and Super PACs. In doing so, identify the sources of funding, the permissible activities, and the disclosure obligations of each type of committee.