Question 1

In regard to prisoner rights, rational basis means simply that a law or regulation must bear some relationship to a legitimate government interest.

Accepted Answer

Rational basis is the lowest standard of judicial review, which means that a law or regulation must only have a rational relationship to a legitimate government interest to be considered constitutional. This is often applied to cases involving prisoner rights.

Question 2

Although it's unlawful to shout "fire" in a crowded theater, some messages that may incite panic are actually protected speech.

Accepted Answer

The famous Supreme Court case Schenck v. United States established the "clear and present danger" test, which states that speech may be restricted if it poses an immediate threat of harm. However, not all messages that may incite panic meet this standard and may still be protected under the First Amendment. It ultimately depends on the specific circumstances and context in which the speech is made.

Question 3

The test of whether words are so potentially dangerous as to not be protected by the First Amendment must pass the _________________________ test.

Accepted Answer

The answer of The test of whether words are so...

Question 4

Freedom of speech is subject to the legal standard of_______________  compelling government interest that justifies the law impacting it.

Accepted Answer

The answer of Freedom of speech is subject to the...

Question 5

The Supreme Court has held that the right to freedom of association, guaranteed by the First and Fourteenth Amendments, does not include the right of a commercial association to deny women admission because of gender.

Accepted Answer

This is based on the 1984 Supreme Court case Roberts v. United States Jaycees, which held that a men-only membership policy violated Minnesota's civil rights law and the First Amendment's freedom of assembly clause.

Question 6

The Supreme Court defines ______________________ as those "personally abusive epithets which, when addressed to the ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reaction."

Accepted Answer

The answer of The Supreme Court defines ______________________ as those...

Question 7

A form of speech that expresses an idea or emotion without the use of words is known as______________________________.

Accepted Answer

The answer of A form of speech that expresses an...

Question 8

One of the first attempts to regulate the press came in 1971, when the U.S. government attempted to halt publication of _______________ on the grounds that it could endanger national security.

Accepted Answer

The answer of One of the first attempts to regulate...

Question 9

___________________ refers to the restriction on publishing certain materials prior to a communication occurring.

Accepted Answer

The answer of ___________________ refers to the restriction on publishing...

Question 10

Citizens have the First Amendment right to record an officer performing official duties in public.

Accepted Answer

According to several court rulings, citizens have a First Amendment right to film or record police officers performing their official duties in public. However, it is important to note that there may be certain limitations or restrictions on this right based on state or local laws. Additionally, filming police in certain circumstances may pose safety risks or interfere with police operations, which could result in legal repercussions for the filmmaker.

Question 11

Historically, freedom of the press has been attached to the general concept of______________________________.

Accepted Answer

The answer of Historically, freedom of the press has been...

Question 12

Balancing society's need for law and order and for effective law enforcement against the_______________of individuals is known as the balancing test.

Accepted Answer

The answer of Balancing society's need for law and order...

Question 13

The free exercise of religion involves both the freedom to believe and the freedom to_______________ .

Accepted Answer

The answer of The free exercise of religion involves both...

Question 14

The Supreme Court has ruled that Americans do not have a free speech right to pass out anonymous political pamphlets, and all political material must depict the name or agency putting forth the information.

Accepted Answer

The Supreme Court has actually ruled that anonymous political speech is protected under the First Amendment. However, some states may have laws requiring identification on political material.

Question 15

In determining when speech should not be protected, the courts replaced the clear and present danger test with the______________________________test.

Accepted Answer

The answer of In determining when speech should not be...

Question 16

Lynch v. Donnelly dealt with issues involving the______________________________Clause of the United States Constitution.

Accepted Answer

The answer of Lynch v. Donnelly dealt with issues involving...

Question 17

No rights are absolute, so government can regulate them when______________________________outweigh the rights of the individual.

Accepted Answer

The answer of No rights are absolute, so government can...

Question 18

In Schenck v. United States (1919), the Court upheld the conviction of a socialist indicted under the ____________ on the grounds that freedom of speech is not absolute.

Accepted Answer

The answer of In Schenck v. United States (1919), the...

Question 19

Verbal or written methods of communication (such as delivering a speech or authoring a book) are protected forms of speech known as ________________.

Accepted Answer

The answer of Verbal or written methods of communication (such...

Question 20

In upholding the free speech right of anonymous pamphleteering, the Supreme Court held that "Anonymity is a shield from the tyranny of the_______________  ."

Accepted Answer

The answer of In upholding the free speech right of...

Quiz 5: The First Amendment: Basic Freedoms