Question 1

If you,as a private individual,are grievously harmed by the statements of someone who can also prove that the statements are true,you

Accepted Answer

Even if the statements are true, if they have caused harm to an individual, the individual cannot collect damages from the person who made the statements. Truth is a complete defense against defamation claims.

Question 2

Slander differs from libel in that it refers to

Accepted Answer

Slander involves spoken statements, while libel involves written statements. The status of the person being defamed (public official or private individual) is not relevant to the distinction between slander and libel.

Question 3

Benjamin Gitlow's case was significant because it resulted in the Supreme Court's declaring that

Accepted Answer

Benjamin Gitlow was convicted for distributing copies of a socialist manifesto, violating New York's criminal anarchy law. The Supreme Court upheld Gitlow's conviction but also declared that freedom of speech and freedom of the press were "fundamental" and should be protected by state governments. This decision helped establish the incorporation doctrine, through which certain provisions of the Bill of Rights were applied to state law.

Question 4

In the case,the Supreme Court ruled that the part of the McCain-Feingold law that denied corporations and labor unions the right to run ads violated their rights to free speech under the Constitution.

Accepted Answer

The case in which the Supreme Court ruled that corporations and labor unions have the right to run ads and that the part of the McCain-Feingold law that denied them that right was unconstitutional is Citizens United v. Federal Election Commission.

Question 5

The Supreme Court upheld the constitutionality of flag burning in the case of

Accepted Answer

In the case of Texas v. Johnson, the Supreme Court held that burning the American flag is a form of symbolic speech protected by the First Amendment of the Constitution. The Court ruled that the government could not prohibit the expression of an idea simply because society finds it offensive or disagreeable. Therefore, choice C is the best answer.

Question 6

A local statute forbidding adult movie theaters from being located near churches,schools,or parks would probably be

Accepted Answer

The statute would be upheld as a regulation of land use, as the government has the authority to regulate where certain businesses (such as adult movie theaters) are located in order to protect certain areas (such as those near churches, schools, and parks). While there may be free speech concerns, the regulation would be based on the location rather than the content of the speech.

Question 7

The Supreme Court's current definition of obscenity denies free­speech protection to materials or activities that

Accepted Answer

The current definition of obscenity, established in Miller v. California, requires that materials or activities lack serious literary, artistic, political, or scientific value in order to be denied free-speech protection. This is known as the three-pronged Miller test, which also includes an assessment of whether the materials or activities appeal to the prurient interest and whether they depict sexual conduct in a patently offensive way. While choices A and B may be relevant factors in determining whether materials or activities are obscene, they are not the primary criteria used by the Supreme Court. Choice D also relates to the concept of community standards, but it does not capture the specific requirements of the Miller test. Choice E simply restates one of the elements of the Miller test but does not provide a full definition of obscenity.

Question 8

Why has the Supreme Court upheld the government's banning the burning of draft cards but declared unconstitutional a law banning the burning of the American flag?

Accepted Answer

The Supreme Court upheld the government's ban on burning draft cards because it believed the government had a right to protect draft cards as they were essential to running a draft. However, the Court declared unconstitutional a law banning the burning of the American flag because it viewed flag burning as a form of political speech that was protected under the First Amendment. The Constitution does not have an amendment that specifically protects draft cards, but the government's ability to run a draft is considered a compelling governmental interest that outweighs the restriction on speech. On the other hand, the First Amendment protects political speech, even if it is unpopular or offensive. The American flag is a national symbol, but this alone does not justify restricting speech.

Question 9

The First Amendment states that Congress shall make no law prohibiting the "free exercise" of religion.It may, however,

Accepted Answer

The First Amendment allows Congress to make laws that apply to everyone, including religious groups, as long as they do not specifically target or burden religious practices.

Question 10

Military draft laws exempted "conscientious objectors" from military service.The Supreme Court ruled that conscientious objectives are individuals that

Accepted Answer

The Supreme Court ruled that conscientious objectors are individuals who hold deeply held moral, ethical, or religious beliefs. It did not specify a particular religion or religious affiliation as a requirement for conscientious objection status.

Question 11

When U.S.Nazis sought to parade in Skokie,Illinois,where many Jews lived,the courts

Accepted Answer

The courts upheld the Nazis' right to peacefully parade, citing the First Amendment's protection of freedom of speech and assembly. Although the decision was controversial and sparked protests, the courts determined that the government could not prohibit speech simply because it was offensive or unpopular.

Question 12

Writing for the Supreme Court,Justice Oliver Wendell Holmes proclaimed that the Congress could punish dangerous speech when that speech

Accepted Answer

This is known as the "clear and present danger" test, which was established in the case of Schenck v. United States. The court ruled that speech could be restricted if it presented a clear and present danger to the safety and security of the United States.

Question 13

The Supreme Court denied the Hazelwood High School student newspaper the right to print certain stories,using the argument that

Accepted Answer

The Supreme Court denied the Hazelwood High School student newspaper the right to print certain stories because they determined that the exercise of free expression by students cannot impede the educational mission of the school. The Court ruled that school officials have the authority to regulate the content of school-sponsored publications in order to ensure that the speech does not disrupt the educational environment. This decision established a more limited First Amendment protection for students in public schools.

Question 14

If you,as a public figure,are grievously harmed by the written statements of someone who cannot prove that they are true,you

Accepted Answer

The answer of If you,as a public figure,are grievously harmed...

Question 15

The "clear and present danger" test emerged in the Supreme Court's decision in the case of

Accepted Answer

The "clear and present danger" test emerged in the Supreme Court's decision in the case of Schenck v. United States.

Question 16

When Clarence Brandenburg vacated the street at a Ku Klux Klan cross-burning rally as ordered but threatened to reoccupy it later,the Supreme Court overturned his conviction by arguing that government can only restrict speech when it

Accepted Answer

The Supreme Court overturned Brandenburg's conviction by ruling that the government can only restrict speech when it incites an "imminent" lawless action. This became known as the "imminent lawless action" test and is still used today to determine when speech can be restricted.

Question 17

Written defamation of character is known as

Accepted Answer

Written defamation of character is known as libel. Slander, on the other hand, refers to spoken defamation of character.

Question 18

Justice Potter Stewart's oft­quoted dictum on hard­core as opposed to soft­core pornography was

Accepted Answer

Justice Stewart's famous quote is "I know it when I see it," which he used to differentiate between hardcore pornography and other forms of pornography or erotica.

Question 19

The right of free expression,although not absolute,enjoys a higher status than the other rights granted by the U.S. Constitution.This is known as the doctrine of

Accepted Answer

The principle that the right of free expression enjoys a higher status than other rights is known as the preferred position doctrine. This doctrine gives speech and expression a privileged position and requires any limitations or restrictions to be narrowly tailored to achieve a compelling government interest. This reflects the importance of free expression in a democratic society, as it enables the exchange of ideas and facilitates social and political change.

Question 20

When the Supreme Court rules that Amish people cannot be forced to send their children to school,it

Accepted Answer

The ruling protects the free exercise of religion by allowing the Amish to follow their beliefs, but it may be criticized for potentially favoring a religious group, raising concerns about the establishment clause.

Quiz 5: Civil Liberties

If you,as a private individual,are grievously harmed by the statements of someone who can also prove that the statements are true,you

Slander differs from libel in that it refers to

Benjamin Gitlow's case was significant because it resulted in the Supreme Court's declaring that

In the case,the Supreme Court ruled that the part of the McCain-Feingold law that denied corporations and labor unions the right to run ads violated their rights to free speech under the Constitution.

The Supreme Court upheld the constitutionality of flag burning in the case of

A local statute forbidding adult movie theaters from being located near churches,schools,or parks would probably be

The Supreme Court's current definition of obscenity denies freespeech protection to materials or activities that

Why has the Supreme Court upheld the government's banning the burning of draft cards but declared unconstitutional a law banning the burning of the American flag?

The First Amendment states that Congress shall make no law prohibiting the "free exercise" of religion.It may, however,

Military draft laws exempted "conscientious objectors" from military service.The Supreme Court ruled that conscientious objectives are individuals that

When U.S.Nazis sought to parade in Skokie,Illinois,where many Jews lived,the courts

Writing for the Supreme Court,Justice Oliver Wendell Holmes proclaimed that the Congress could punish dangerous speech when that speech

The Supreme Court denied the Hazelwood High School student newspaper the right to print certain stories,using the argument that

If you,as a public figure,are grievously harmed by the written statements of someone who cannot prove that they are true,you

The "clear and present danger" test emerged in the Supreme Court's decision in the case of

When Clarence Brandenburg vacated the street at a Ku Klux Klan cross-burning rally as ordered but threatened to reoccupy it later,the Supreme Court overturned his conviction by arguing that government can only restrict speech when it

Written defamation of character is known as

Justice Potter Stewart's oftquoted dictum on hardcore as opposed to softcore pornography was

The right of free expression,although not absolute,enjoys a higher status than the other rights granted by the U.S. Constitution.This is known as the doctrine of

When the Supreme Court rules that Amish people cannot be forced to send their children to school,it

Quiz 5: Civil Liberties

If you,as a private individual,are grievously harmed by the statements of someone who can also prove that the statements are true,you

Slander differs from libel in that it refers to

Benjamin Gitlow's case was significant because it resulted in the Supreme Court's declaring that

In the case,the Supreme Court ruled that the part of the McCain-Feingold law that denied corporations and labor unions the right to run ads violated their rights to free speech under the Constitution.

The Supreme Court upheld the constitutionality of flag burning in the case of

A local statute forbidding adult movie theaters from being located near churches,schools,or parks would probably be

The Supreme Court's current definition of obscenity denies free­speech protection to materials or activities that

Why has the Supreme Court upheld the government's banning the burning of draft cards but declared unconstitutional a law banning the burning of the American flag?

The First Amendment states that Congress shall make no law prohibiting the "free exercise" of religion.It may, however,

Military draft laws exempted "conscientious objectors" from military service.The Supreme Court ruled that conscientious objectives are individuals that

When U.S.Nazis sought to parade in Skokie,Illinois,where many Jews lived,the courts

Writing for the Supreme Court,Justice Oliver Wendell Holmes proclaimed that the Congress could punish dangerous speech when that speech

The Supreme Court denied the Hazelwood High School student newspaper the right to print certain stories,using the argument that

If you,as a public figure,are grievously harmed by the written statements of someone who cannot prove that they are true,you

The "clear and present danger" test emerged in the Supreme Court's decision in the case of

When Clarence Brandenburg vacated the street at a Ku Klux Klan cross-burning rally as ordered but threatened to reoccupy it later,the Supreme Court overturned his conviction by arguing that government can only restrict speech when it

Written defamation of character is known as

Justice Potter Stewart's oft­quoted dictum on hard­core as opposed to soft­core pornography was

The right of free expression,although not absolute,enjoys a higher status than the other rights granted by the U.S. Constitution.This is known as the doctrine of

When the Supreme Court rules that Amish people cannot be forced to send their children to school,it

The Supreme Court's current definition of obscenity denies freespeech protection to materials or activities that

Justice Potter Stewart's oftquoted dictum on hardcore as opposed to softcore pornography was