Question 1

The common law crime of advocating, and intending to bring about harm to the government is called ___ .

Accepted Answer

The common law crime of advocating, and intending to bring about harm to the government is called sedition. Treason involves actually helping a foreign government or waging war against one's own government. Censorship and prior restraint are related to restrictions on free speech, but not specifically related to advocating harm towards the government.

Question 2

The crime of betraying one's sovereign nation and aiding its enemies is ___ .

Accepted Answer

Treason is the crime of betraying one's sovereign nation and aiding its enemies, making it the best choice. Sedition is the crime of inciting rebellion against the government, and prior restraint is a legal term for government censorship. "Bill ignoramus" is not a relevant term for this definition.

Question 3

The act of government to control citizen expressions in speech or publication is called ___ .

Accepted Answer

Censorship is the act of government controlling what citizens can say or publish, often for political or moral reasons. Prior restraint is a specific form of censorship that involves stopping a publication or speech before it even happens. Treason is a crime involving betraying one's country, and sedition is the act of inciting rebellion against a government. While both treason and sedition may involve limiting freedom of expression, they are not the specific term used to describe government censorship.

Question 4

The common law crime of punishing speech harmful to the government is called ___ .

Accepted Answer

Seditious libel is the common law crime of punishing speech harmful to the government. Prior restraint refers to government censorship before publication, criminal syndic refers to organized crime, and treason refers to betraying one's country.

Question 5

A form of censorship in which the government controls content, in advance of its publication, by ordering a publisher not to publish certain material is called ___ .

Accepted Answer

Prior restraint is a form of censorship in which the government orders a publisher not to publish certain material. Option A, bill ignoramus, is not a valid term related to censorship. Option C, sedition, is a crime of rebellion or incitement against the government, not a form of censorship. Option D, treason, is a crime of betraying one's country or government, not a form of censorship.

Question 6

Which of the following is a case where the Supreme Court upheld a conviction for publishing materials critical of the U.S. government?

Accepted Answer

All of the cases listed (Schenck v. United States, Abrams v. United States, and Dennis v. United States) involve instances where the Supreme Court upheld convictions for publishing materials that were critical of the U.S. government, reflecting different aspects of the limits on free speech, especially in the context of national security and the Espionage Act.

Question 7

What legal standard was used in the early twentieth century allowing government to criminalize speech thought capable of contributing to U.S. government military failure?

Accepted Answer

The "bad tendency test" was used in the early twentieth century to justify restrictions on speech that might lead to illegal actions, including those that could undermine military efforts.

Question 8

What Supreme Court decision suggested government has a right to criminalize speech if it posed a clear and present danger?

Accepted Answer

The Supreme Court decision that suggested government has a right to criminalize speech if it posed a clear and present danger is Schenck v. United States (1919).

Question 9

A 1940 law that made it a crime for any foreign citizen or American to teach or advocate "destroying any government in the United States by force or violence" is known as the

Accepted Answer

The law described is commonly known as the Smith Act, named after the congressman who introduced it, Howard W. Smith. It was passed in 1940 and remains on the books today, although it has been amended several times since its initial passage. The Smith Act was primarily designed to target Communist organizations and their supporters, and many people were prosecuted under its provisions during the 1940s and 1950s. The law was controversial and faced several legal challenges over the years, but it was upheld by the Supreme Court in 1951.

Question 10

The Supreme Court case of Yates v. United States (1957) established what principle below?

Accepted Answer

The Yates v. United States established that teaching an ideal was not the equivalent of planning its implementation. The case arose after a group of individuals were convicted of violating the Smith Act, which criminalized advocating for the overthrow of the government. The Supreme Court overturned the convictions, stating that the defendants had only expressed abstract beliefs and had not actually taken any concrete steps towards overthrowing the government.

Question 11

The landmark case Brandenburg v. Ohio (1969) established what doctrine below?

Accepted Answer

The case of Brandenburg v. Ohio established the doctrine that only direct incitement to imminent lawless action would remove constitutional protection for political speech. This is also known as the incitement test. The Court ruled that the Ohio law prohibiting advocacy of violence or criminal conduct as a means of political reform violated Brandenburg's right to free speech under the First Amendment.

Question 12

The highest level of scrutiny courts apply when reviewing laws is ___.

Accepted Answer

Strict scrutiny is the highest level of scrutiny courts apply when reviewing laws. It is used to determine if a law is in violation of a fundamental right or discriminates against a suspect class. The court must find that the law serves a compelling state interest and that it is narrowly tailored to achieve that interest.

Question 13

Which of the following is a requirement of strict scrutiny?

Accepted Answer

Strict scrutiny requires the law to meet all three requirements: serving a compelling government interest, being narrowly tailored to achieving the goal, and using the least restrictive means to do so.

Question 14

Specific parts of the Constitution become applicable to all states when the Supreme Court acts to apply the 14th amendment's due process clause. This judicial authority is referred to as ___ .

Accepted Answer

The incorporation doctrine refers to the way in which the Supreme Court has applied the Bill of Rights to the states, through the due process clause of the 14th Amendment. This means that specific parts of the Constitution, such as the First Amendment's protection of free speech and the Second Amendment's protection of the right to bear arms, are now applicable to all states through the incorporation doctrine. Manifest destiny was a 19th-century belief in the expansion of the United States. The Smith Act was a law passed in 1940 that made it illegal to advocate for the overthrow of the government. The theory of prior restraint refers to government censorship of the media before publication.

Question 15

The imposition of a "license tax" to control newspapers played a central part in what case?

Accepted Answer

In Grosjean v. American Press Co., the Supreme Court struck down a Louisiana "license tax" that required newspapers to pay a fee based on their circulation in the state. The Court found that the tax violated the First Amendment by discriminating against newspapers based on their editorial viewpoints, thereby placing an unconstitutional burden on the free press.

Question 16

An equitable remedy requiring one to take action or refrain from activity is called a/n ___ .

Accepted Answer

The equitable remedy that requires one to take action or refrain from activity is called an injunction. A bill ignoramus and sedition are not related to this type of remedy, and criminal syndicalism refers to a criminal offense.

Question 17

The belief that "truth ultimately prevails in a free marketplace of ideas" is the theory behind the free press and was originally expressed in the writings of _____ in ____ .

Accepted Answer

The belief that "truth ultimately prevails in a free marketplace of ideas" is known as the marketplace of ideas doctrine and was first expressed by John Milton in his work Aereopagitica.

Question 18

When a grand jury does not find enough evidence to charge a crime, it returns a ___ .

Accepted Answer

A bill ignoramus is a legal term for a grand jury's decision not to indict or charge someone with a crime when there is insufficient evidence. B) True bill is the term used when a grand jury finds enough evidence to charge someone with a crime. C) Felony indictment is a formal accusation of a felony crime, issued by a grand jury after considering evidence presented by the prosecutor. D) Suppression order is a court order to exclude or prohibit the use of evidence in a trial.

Question 19

By virtue of secrecy and confidentiality agreements, Americans can cede their right of free speech on the basis of their ____ .

Accepted Answer

Confidentiality agreements are commonly used in employment contracts and require employees to keep certain information confidential, even if it means limiting their right to free speech. This can include information about the company, its products, or its clients. Religious denomination, nationality, and political affiliation would not typically be factors in ceding one's right to free speech.

Question 20

Governments have attempted to exercise control over the press through which of the following tactics?

Accepted Answer

Governments have exercised control over the press through discriminatory taxes, court-ordered injunctions, and prior restraints. Discriminatory taxes can financially burden the press and limit their ability to operate effectively. Court-ordered injunctions can prevent journalists from reporting certain information or stories. Prior restraints can prevent the press from publishing or broadcasting certain information altogether.

Quiz 4: Forums of Freedom