Question 1

Only a few years after the First Amendment was ratified,Congress passed a law that limited freedom of expression:&#10;A)the Fox Libel Act.&#10;B)the Smith Act.&#10;C)the Sedition Act of 1798.&#10;D)the Stamp Act.&#10;E)Lord Campbell's Act.

Accepted Answer

The Sedition Act of 1798 was passed just a few years after the First Amendment was ratified. It made it a crime to "write, print, utter, or publish...any false, scandalous and malicious writing" against the government or its officials, and was seen as a clear violation of freedom of expression. The law expired in 1801 and was not renewed.

Question 2

In 2013,journalists uncovered a huge government surveillance program called PRISM.Which government agency was responsible for overseeing this program?&#10;A)Federal Communications Commission.&#10;B)National Security Administration.&#10;C)Department of Defense.&#10;D)Department of Homeland Security.&#10;E)Federal Trade Commission.

Accepted Answer

The National Security Administration (NSA) was responsible for overseeing the PRISM program. The program was designed to collect internet communications from various internet companies such as Google, Facebook, and Apple, raising concerns about privacy and government surveillance.

Question 3

The Alien Registration Act of 1940 (the Smith Act)was made virtually useless as a tool for prosecuting communists by a Supreme Court decision that protected those who say they favor communism as an abstract idea unless it can be proven that they are advocating violent action to carry out their beliefs.The decision was:

A)Near v.Minnesota.
B)Whitney v.California.
C)Yates v.U.S. .
D)Dennis v.U.S. .
E)Fiske v.Kansas.

C

Accepted Answer

The Supreme Court decision in Yates v. U.S. (1957) clarified that the advocacy of abstract doctrine of communism or the teaching of Marxist-Leninist theory was protected under the First Amendment unless it incited to imminent lawless action or was aimed at promoting violent overthrow of the government. This decision significantly limited the scope of the Smith Act in prosecuting individuals for their communist beliefs alone, requiring evidence of direct incitement to violence.

Question 4

In Whitney v.California,Justice Louis Brandeis emphasized the importance of:&#10;A)more speech rather than enforced silence.&#10;B)the clear and present danger test.&#10;C)content-based regulations.&#10;D)content-neutral regulations.&#10;E)time,place and manner regulations.

Accepted Answer

In Whitney v. California, Justice Brandeis emphasized the importance of more speech rather than enforced silence. He believed that the best way to counter misguided or harmful speech was through open and robust discussion, rather than censorship or suppression. Brandeis' position on this issue has become a cornerstone of modern First Amendment law.

Question 5

The Alien and Sedition Acts were notable because:&#10;A)they seemingly violated the First Amendment only a few years after it was ratified.&#10;B)they contributed to the popular mood that helped elect Thomas Jefferson to the presidency.&#10;C)they were never used to prosecute Federalists.&#10;D)the Supreme Court did not rule on their constitutionality while they were in effect.&#10;E)all of these.

Accepted Answer

The answer of The Alien and Sedition Acts were notable...

Question 6

Prior to the John Peter Zenger trial,juries in criminal (or seditious)libel cases were allowed to decide:&#10;A)whether the allegedly defamatory statement was true.&#10;B)whether the person accused of libel actually printed the alleged defamation.&#10;C)both of these.&#10;D)neither of these.

Accepted Answer

Before the John Peter Zenger trial, juries in criminal libel cases were typically only allowed to decide whether the accused had printed the alleged defamatory statements, not whether the statements were true.

Question 7

Justice Oliver Wendell Holmes first set forth his famous clear and present danger test for determining whether controversial speech is protected by the First Amendment in the case of:&#10;A)Fiske v.Kansas.&#10;B)Schenck v.U.S. .&#10;C)Brandenburg v.Ohio.&#10;D)Whitney v.California.&#10;E)Gitlow v.New York.

Accepted Answer

In Schenck v. U.S. (1919), Justice Holmes set forth the clear and present danger test, which holds that speech can be limited if it presents a clear and present danger of bringing about a substantial evil that Congress has the power to prevent. This case is widely considered to be one of the most important First Amendment cases in U.S. history.

Question 8

The First Amendment's guarantees of free speech and free press were made binding on the states in the case of:&#10;A)Gitlow v.New York.&#10;B)Abrams v.U.S. .&#10;C)Near v.Minnesota.&#10;D)Whitney v.California.&#10;E)New York Times v.Sullivan.

Accepted Answer

In Gitlow v. New York (1925), the US Supreme Court held that the First Amendment's guarantees of free speech and free press applied to the states through the due process clause of the Fourteenth Amendment. This decision marked the beginning of the incorporation of certain provisions of the Bill of Rights into the Due Process Clause of the Fourteenth Amendment, which has been a major force in extending civil liberties protections to the states.

Question 9

Areopagitica was a famous early defense of freedom of expression.Its author was:&#10;A)Ben Franklin.&#10;B)J.J.Rousseau,&#10;C)John Milton.&#10;D)Thomas Jefferson.&#10;E)John Locke.

Accepted Answer

Areopagitica was written by John Milton in 1644 and is considered a landmark defense of freedom of speech and press. The other options, including Franklin, Rousseau, Jefferson, and Locke, did write important works on political theory, but they did not specifically author a text defending freedom of expression like Areopagitica.

Question 10

In Klapper v.Amnesty Int'l USA (2013),the Supreme Court said that journalists and other organizations had no standing to challenge amendments to what act?&#10;A)Espionage Act.&#10;B)Sedition Act.&#10;C)Foreign Intelligence Surveillance Act.&#10;D)Child Online Privacy Protection Act.&#10;E)None of these.

Accepted Answer

The Klapper v. Amnesty International USA (2013) case dealt with the Foreign Intelligence Surveillance Act (FISA). The Supreme Court held that journalists and human rights organizations lacked standing to challenge amendments to FISA because they could not show that the law had caused them actual harm.

Question 11

What website generated public and legal concern when its owners released thousands of classified government documents?&#10;A)Amazon.com.&#10;B)WikiLeaks.&#10;C)Google.&#10;D)MSN.&#10;E)Yahoo.

Accepted Answer

The answer of What website generated public and legal concern...

Question 12

The First Amendment says,&#34;Congress shall make no law...&#34;,and it never mentions state or local governments.Why does the First Amendment apply to the states today?&#10;A)because the Supreme Court simply rewrote it without any specific legal basis for doing so.&#10;B)because of the &#34;due process&#34; clause of the Fourteenth Amendment.&#10;C)because of the Fifth Amendment &#34;due process&#34; clause.&#10;D)because of the Fourth Amendment's safeguards against unreasonable searches and seizures.&#10;E)because of the actual malice rule.

Accepted Answer

The answer of The First Amendment says,&#34;Congress shall make no...

Question 13

A Ku Klux Klan member's prosecution under a criminal syndicalism law was invalidated by a Supreme Court decision holding that even those who express violent racist views are protected by the First Amendment unless they create an imminent danger of violent action.The case:

A)Yates v.U.S. .
B)Gitlow v.New York.
C)Whitney v.California.
D)Brandenburg v.Ohio.
E)Schenck v.U.S.

Accepted Answer

The answer of A Ku Klux Klan member's prosecution under...

Question 14

Justice Oliver Wendell Holmes used the clear and present danger test to uphold the conviction of a man who actively opposed World War I,but he later rethought the meaning of the clear and present danger test and joined Justice Louis Brandeis in a famous concurring opinion that advocated broader First Amendment safeguards for unpopular speech in:

A)Fiske v.Kansas.
B)Gitlow v.New York.
C)Brandenburg v.Ohio.
D)Whitney v.California.
E)Yates v.U.S.

Accepted Answer

The answer of Justice Oliver Wendell Holmes used the clear...

Question 15

The Sedition Act of 1798:&#10;A)recognized truth as a defense against libel charges.&#10;B)was seen by many anti-federalists,notably Jefferson and Madison,as a threat to free expression.&#10;C)inspired resentment against the Federalist Party,although no more than 25 people were charged with violating it.&#10;D)all of these (choices A,B and C).&#10;E)none of these.

Accepted Answer

The answer of The Sedition Act of 1798:&#10;A)recognized truth as...

Deck 2: The Legacy of Freedom