Question 1

The Supreme Court has consistently maintained that ____________ is not protected by the First Amendment.

Accepted Answer

The Supreme Court has consistently held that obscenity is not protected by the First Amendment, as it is considered outside of the realm of protected speech. The Court has been more divided on the protection of symbolic speech and political association, with some forms of each being protected and others not. Therefore, options B and C are not definitive answers, while option D is incorrect as it includes options B and C as well as A, which is the only consistently unprotected form of speech.

Question 2

In NAACP v. Alabama (1958), the Supreme Court held that Alabama had infringed the NAACP's __________ by enforcing a law requiring organizations based outside the state to register members' names and addresses.

Accepted Answer

The Supreme Court held that Alabama had infringed the NAACP's freedom of association by enforcing a law requiring organizations based outside the state to register members' names and addresses. This decision established that the right of association was a fundamental right protected by the First Amendment.

Question 3

In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (1976), the Supreme Court struck down a state law banning _________________.

Accepted Answer

The Supreme Court struck down a state law banning the advertisement of prescription drug prices in Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (1976).

Question 4

Despite the importance of the 1st Amendment, the Supreme Court did not begin to give major attention to these rights until after _______.

Accepted Answer

The Supreme Court began to significantly address and expand upon the rights guaranteed by the First Amendment in the period following World War I, particularly in response to cases involving speech and press freedoms. This era marked a pivotal time in the development of First Amendment jurisprudence.

Question 5

In Hazelwood School District v. Kuhlmeier (1988), the Supreme Court _________ a public school principal's decision to excise certain controversial material from the school newspaper.

Accepted Answer

The word "excise" in the question implies that the principal removed or censored certain material from the school newspaper. Hazelwood School District v. Kuhlmeier upheld the principal's decision to do so, therefore the correct answer is B, upheld.

Question 6

In New York Times v. United States (1971) the Supreme Court rebuffed the Nixon Administration's attempt to block publication of the __________________.

Accepted Answer

The Pentagon Papers were a classified report on government decision-making during the Vietnam War. The Nixon Administration attempted to block their publication, but the Supreme Court ruled that the First Amendment protected the freedom of the press to publish such information.

Question 7

As a Supreme Court justice, former Harvard law professor Felix Frankfurter sharply criticized the doctrine that the First Amendment occupies a(an) "__________ position."

Accepted Answer

Felix Frankfurter criticized the doctrine that the First Amendment occupies a "preferred position," meaning that it should be given special treatment above other constitutional rights. He believed that all constitutional rights should be weighed and balanced against each other, without any one right being automatically given priority over the others. Therefore, the best choice is B, "preferred."

Question 8

Under New York Times v. Sullivan (1964), a public official cannot prevail in a libel suit unless he or she can show that the defendant's statements were made with "______."

Accepted Answer

Under New York Times v. Sullivan, a public official cannot prevail in a libel suit unless he or she can show that the defendant's statements were made with "actual malice," which means with knowledge that it was false or with reckless disregard for whether it was true or false. Criminal negligence, reckless abandon, and defamatory intent are not the standards set forth by the court in this case.

Question 9

Over the years Supreme Court justices have advocated a variety of positions regarding freedom of expression, ranging from the ___________ adopted by Hugo Black to the ______ approach favored by John M. Harlan.

Accepted Answer

Hugo Black is known for his absolutist view of the First Amendment, meaning he believed in an absolute or near-absolute protection of free speech. John M. Harlan, on the other hand, favored an ad hoc balancing approach, where the protection of speech would be balanced against other societal interests on a case-by-case basis.

Question 10

In _____________ (1961), the Supreme Court upheld Section 2 of the Smith Act, which made it a crime to belong to the Communist Party.

Accepted Answer

In Scales v. United States (1961), the Supreme Court upheld Section 2 of the Smith Act, which made it a crime to belong to the Communist Party, affirming the conviction of a Communist Party member under this act.

Question 11

Which of the following forms of expression is least likely to be accorded First Amendment protection?

Accepted Answer

Libel, which involves making false statements that damage someone's reputation, is less protected under the First Amendment compared to other forms of expression. This is because it directly harms individuals and does not contribute to public discourse in a constructive manner.

Question 12

In Texas v. Johnson, the flag-burning decision of 1989, it was surprising that two Reagan appointees, Justices __________ and ________, joined the majority in reversing Johnson's conviction.

Accepted Answer

Justices Scalia and Kennedy, both appointed by President Reagan, joined the majority in the Texas v. Johnson decision, affirming that flag burning constitutes a form of "symbolic speech" protected by the First Amendment.

Question 13

In Miller v. California (1973) the Supreme Court stated that the "basic guidelines" that the "trier of fact" must follow in an obscenity case include the determination of whether the work in question _____________.

Accepted Answer

In Miller v. California, the Supreme Court established the "Miller test" for determining whether a work is obscene. The third prong of the test states that the work lacks serious literary, artistic, political, or scientific value. Therefore, the correct answer is C - whether the work in question lacks serious literary, artistic, political, or scientific value.

Question 14

The doctrine of _____________ prohibits laws that do not aim specifically at evils the government has a right to prevent but sweep within their ambit activities that are protected by the First Amendment.

Accepted Answer

The doctrine of overbreadth states that laws should not be so broad in their scope that they infringe on protected First Amendment activities. This means that laws cannot be written in a way that sweeps in protected activities along with activities that the government has a right to prevent. For example, a law that prohibits all forms of peaceful protests in a certain area would be considered overbroad because it would prevent protected activities (peaceful protests) along with activities the government has a right to prevent (violent protests).

Question 15

Writing for the Court in Palko v. Connecticut (1937), Justice __________ characterized freedom of speech as "the matrix, the indispensable condition, of nearly every other form of freedom."

Accepted Answer

In Palko v. Connecticut (1937), Justice Benjamin Cardozo characterized freedom of speech as "the matrix, the indispensable condition, of nearly every other form of freedom." This statement underscores the foundational role that freedom of speech plays in supporting and enabling other forms of freedom within a democratic society.

Question 16

As a Supreme Court justice, former Harvard law professor ___________ was critical of the doctrine that the First Amendment occupied a "preferred position."

Accepted Answer

Felix Frankfurter was critical of the doctrine that the First Amendment occupied a "preferred position" and believed that free speech must be balanced against other important societal interests, such as national security.

Question 17

In Hazelwood School District v. Kuhlmeier (1988), the Supreme Court voted to uphold a public school principal's decision to excise certain controversial material from the school newspaper.

Accepted Answer

The Supreme Court case that upheld a public school principal's decision to censor a school newspaper was Hazelwood School District v. Kuhlmeier (1988). This case determined that school officials can censor student speech in school-sponsored activities as long as they have a valid educational reason for doing so. The landmark case that established students' free speech rights in schools was Tinker v. Des Moines Independent Community School District (1969), and Brown v. Board of Education of Topeka, Kansas (1954) was a case that struck down the principle of "separate but equal" in public education.

Question 18

In Commentaries on the Laws of England, Vol. IV (1769), ______________ stated the rule against prior restraint in the context of freedom of the press: "The liberty of the press is indeed essential to the nature of a free state; but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published."

Accepted Answer

The statement is a quote from Sir William Blackstone's Commentaries on the Laws of England, Vol. IV (1769).

Question 19

In the 1958 decision in ________ the Supreme Court held that a state had infringed the constitutional rights of organization members by enforcing a law requiring organizations based outside the state to register members' names and addresses. Specifically, the Court held that the law violated the First Amendment freedom of association.

Accepted Answer

The 1958 decision in NAACP v. Alabama specifically addressed the issue of a state requiring organizations based outside the state to register members' names and addresses, and held that this violated the First Amendment freedom of association.

Question 20

By the early 1950s, ______________, with its emphasis on the alleged "communist menace" to internal security, had achieved national prominence.

Accepted Answer

McCarthyism was a political movement in the early 1950s that focused on the alleged threat of communist infiltration in American society, particularly in government and entertainment industries. The movement was led by Senator Joseph McCarthy, who gained national prominence through his aggressive and unsubstantiated accusations of communism. The other options, conservatism and Progressivism, were ideological movements but did not have the same level of national prominence during this time period.

Quiz 3: Expressive Freedom and the First Amendment

The Supreme Court has consistently maintained that ____________ is not protected by the First Amendment.

In NAACP v. Alabama (1958) , the Supreme Court held that Alabama had infringed the NAACP's __________ by enforcing a law requiring organizations based outside the state to register members' names and addresses.

In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (1976) , the Supreme Court struck down a state law banning _________________.

Despite the importance of the 1st Amendment, the Supreme Court did not begin to give major attention to these rights until after _______.

In Hazelwood School District v. Kuhlmeier (1988) , the Supreme Court _________ a public school principal's decision to excise certain controversial material from the school newspaper.

In New York Times v. United States (1971) the Supreme Court rebuffed the Nixon Administration's attempt to block publication of the __________________.

As a Supreme Court justice, former Harvard law professor Felix Frankfurter sharply criticized the doctrine that the First Amendment occupies a(an) "__________ position."

Under New York Times v. Sullivan (1964) , a public official cannot prevail in a libel suit unless he or she can show that the defendant's statements were made with "______."

Over the years Supreme Court justices have advocated a variety of positions regarding freedom of expression, ranging from the _____ adopted by Hugo Black to the approach favored by John M. Harlan.

In _____________ (1961) , the Supreme Court upheld Section 2 of the Smith Act, which made it a crime to belong to the Communist Party.

Which of the following forms of expression is least likely to be accorded First Amendment protection?

In Texas v. Johnson, the flag-burning decision of 1989, it was surprising that two Reagan appointees, Justices __ and , joined the majority in reversing Johnson's conviction.

In Miller v. California (1973) the Supreme Court stated that the "basic guidelines" that the "trier of fact" must follow in an obscenity case include the determination of whether the work in question _____________.

The doctrine of _____________ prohibits laws that do not aim specifically at evils the government has a right to prevent but sweep within their ambit activities that are protected by the First Amendment.

Writing for the Court in Palko v. Connecticut (1937) , Justice __________ characterized freedom of speech as "the matrix, the indispensable condition, of nearly every other form of freedom."

As a Supreme Court justice, former Harvard law professor ___________ was critical of the doctrine that the First Amendment occupied a "preferred position."

In Hazelwood School District v. Kuhlmeier (1988) , the Supreme Court voted to uphold a public school principal's decision to excise certain controversial material from the school newspaper.

By the early 1950s, ______________, with its emphasis on the alleged "communist menace" to internal security, had achieved national prominence.