Question 1

About half of those responding to a First Amendment Center/American Journalism Review survey said the First Amendment goes too far in the rights it guarantees.

Accepted Answer

According to the statement, about half of those responding to the survey believe that the First Amendment goes too far in the rights it guarantees.

Question 2

Which is not a protection in the First Amendment?
A) Press
B) Speech
C) Religion
D) Voting rights
E) Petition

Accepted Answer

The protection of voting rights is not explicitly mentioned in the First Amendment. However, it is protected by other amendments such as the 15th, 19th, and 26th Amendments, which prohibit discrimination in voting based on race, sex, and age.

Question 3

Government prohibition of speech in advance of publication is called…
A) sedition
B) Prior Restraint
C) defamition
D) False Light
E) Invasion of Privacy

Accepted Answer

Prior Restraint refers to government prohibition of speech in advance of publication. Sedition refers to speech inciting rebellion against the government. Defamation refers to false statements that harm a person's reputation. False Light refers to the sharing of false or misleading information that portrays someone in a negative light. Invasion of Privacy refers to an individual's right to privacy being violated.

Question 4

Appropriation is…
A) the use of one's name or likeness for personal or commercial gain without consent or compensation.
B) the publication of information about someone's personal life that has not been previously revealed to the public.
C) intentionally intruding, physically or otherwise, upon another person's seclusion or solitude.
D) written or broadcast defamation.
E) the crime of revolting or inciting revolt against government.

Accepted Answer

Appropriation refers to the use of someone's name or likeness for personal or commercial gain without their consent or compensation.

Question 5

Which of these cases involves privacy issues?
A) Yates v. U.S.
B) Gitlow v. New York
C) New York Times Co. v. United States
D) United States v. O'Brien
E) None of the above

Accepted Answer

None of the listed cases primarily involve privacy issues. They deal with other legal matters such as free speech and the power of the government to limit it (Gitlow v. New York), the publication of classified documents (New York Times Co. v. United States), destruction of draft cards (United States v. O'Brien), and false statements about fishing activities (Yates v. U.S.).

Question 6

Which was the historic case about flag burning as a form of free speech?
A) New York Times Co. v. United States
B) Texas v. Johnson
C) Branzburg v. Hayes
D) Gitlow v. New York
E) None of the above

Accepted Answer

The historic case about flag burning as a form of free speech is Texas v. Johnson, which was a landmark decision by the Supreme Court in 1989. In this case, the Court ruled that flag burning is a form of symbolic speech protected under the First Amendment.

Question 7

The first time that the Court invoked the First Amendment to prevent libel actions was in which case?
A) Texas v. Johnson
B) United States v. O'Brien
C) New York Times v. Sullivan
D) Yates v. U.S.
E) Texas v. Johnson.

Accepted Answer

The case of New York Times v. Sullivan (1964) was the first time that the Supreme Court invoked the First Amendment to prevent libel actions. The case established the "actual malice" standard for public officials to bring defamation suits against the press or other individuals, which requires them to prove that the statements made were made with knowledge of their falsity or with reckless disregard for the truth. This set a higher bar for public figures to prove libel and protected the freedom of the press to report on government officials without fear of retribution.

Question 8

What Does Defamation Mean?

Accepted Answer

The answer of What Does Defamation Mean?...

Question 9

What does Libel mean?

Accepted Answer

The answer of What does Libel mean?...

Question 10

"Shield Laws" provide some sort of protection for Journalists facing orders to testify or provide notes, photographs or other reporting work.

Accepted Answer

Shield Laws do provide some sort of protection for journalists in such situations.

Question 11

Sedition laws make it a crime to criticize both the President and the National Government?

Accepted Answer

Sedition laws, such as those found in the Alien and Sedition Acts of 1798 in the United States, were designed to protect the government's authority by making it a crime to speak, write, or act in a manner that is deemed seditious, which includes criticism of the president, the government, or its policies. However, the application and interpretation of these laws can vary significantly by country and historical context.

Question 12

The U.S. Supreme Court ruled against The New York Times in New York Times v. Sullivan.

Accepted Answer

The U.S. Supreme Court actually ruled in favor of The New York Times in New York Times v. Sullivan, affirming the principle of "actual malice" and protecting freedom of the press.

Question 13

The government generally is allowed to punish speakers when harm is caused by what a speaker said.

Accepted Answer

The government is generally not allowed to punish speakers for the content of their speech unless it falls under specific exceptions like incitement to imminent lawless action, true threats, or defamation.

Question 14

The First Amendment tells the government what it cannot do. It does not tell people what they can do.

Accepted Answer

The First Amendment specifically prohibits the government from infringing on certain rights, such as freedom of speech and religion, but it does not grant individuals the right to unlimited free speech or religious practices.

Question 15

Brown v. Entertainment Merchants Association was an invasion of privacy case.

Accepted Answer

Brown v. Entertainment Merchants Association was actually a First Amendment case. It dealt with whether the government could regulate the sale of violent video games to minors.

Question 16

In Gitlow v. New York, the U.S. Supreme Court ruled that the guarantees of freedom of speech apply to actions taken by all governments.

Accepted Answer

In the landmark case Gitlow v. New York, the U.S. Supreme Court ruled that the guarantees of freedom of speech and press contained in the First Amendment are fundamental rights and are protected against state infringement by the due process clause of the Fourteenth Amendment. This ruling established that the protections of the Bill of Rights apply not only to actions taken by the federal government, but also to actions taken by state and local governments.

Question 17

Any intentional false communication, either written or spoken, that harms a person's reputation, is called appropration.

Accepted Answer

The correct term for intentional false communication that harms a person's reputation is defamation. Appropriation refers to the unauthorized use of a person's name or likeness for publicity or commercial purposes.

Question 18

New York Times v. Sullivan was a case about civil rights in South Carolina.

Accepted Answer

New York Times v. Sullivan was a case about freedom of the press and the First Amendment, not civil rights in South Carolina. It involved a defamation lawsuit brought by an Alabama official against the New York Times for publishing an advertisement critical of the treatment of civil rights activists in the South. The case ultimately established important protections for the press in reporting on public officials and matters of public concern.

Question 19

With false light privacy, a report need not be defamatory to be actionable as false light.

Accepted Answer

False light privacy deals with the right to be protected from highly offensive and misleading publicity. Unlike defamation, a report need not be false or defamatory for a plaintiff to bring a claim for false light privacy. The focus is on the portrayal of the individual, and if it places them in a false or misleading light that would be highly offensive to a reasonable person, the plaintiff may have a cause of action.

Question 20

Name Four Major Privacy Claims:

Accepted Answer

The answer of Name Four Major Privacy Claims:...

Quiz 7: The Foundations of Free Expression