Question 1

To guide its application of the First Amendment,the Supreme Court relies on

Accepted Answer

A)  original intent,textual interpretation,ad hoc balancing,and categorical balancing
B)  novel ideas introduced during oral argument
C)  public opinion
D)  original intent,ad hoc balancing,and scrutinyE) A) and B)
F) All of the above

Question 2

Court injunctions that stop publication are always unconstitutional prior restraints.

Accepted Answer

A) True 
 B)False  False

Question 3

The legal protection of anonymous speakers online and offline is

Accepted Answer

A)  determined in the United States by balancing the rights of anonymous speakers against other important values
B)  absolute and certain
C)  consistent around the world
D)  the most protected form of speech in the United StatesE) B) and D)
F) None of the above

Question 4

When government funds activities that involve expression,it

Accepted Answer

A)  always creates a public forum
B)  never creates a public forum
C)  may not discriminate on the basis of the content of expression if it creates a public forum
D)  may always discriminate on the basis of the content of expressionE) A) and B)
F) A) and C)

Question 5

The First Amendment stands as a nearly absolute ban to prior restraint.

Accepted Answer

A) True 
 B)False

Question 6

The First Amendment came first in the Bill of Rights because the Framers believed it was the most important and core right of the people.

Accepted Answer

A) True 
 B)False

Question 7

In First Amendment jurisprudence,original intent means the

Accepted Answer

A)  perceived purpose of the constitutional framers
B)  goal of any individual speaker
C)  outcome of a Supreme Court ruling on free speech
D)  none of the aboveE) None of the above
F) A) and C)

Question 8

Laws of general application

Accepted Answer

A)  do not apply to the media
B)  apply to the media in the same way as other businesses
C)  violate the First Amendment when applied to media because they directly infringe the freedoms of speech and of the press
D)  none of the aboveE) None of the above
F) B) and D)

Question 9

Instrumentalists argue that the First Amendment advances all of the following goals except

Accepted Answer

A)  truth
B)  checking government abuse
C)  obscenity
D)  self-governance
E)  self-fulfillmentF) B) and E)
G) B) and C)

Question 10

Discuss the role of public forums with regard to free speech.Be sure to define the different categories of forums and explain why they exist.

Accepted Answer

The concept of public forums recognizes ...

Question 11

In several recent decisions,the U.S.Supreme Court has held that state or federal limits on campaign spending

Accepted Answer

A)  directly advance the Constitution's express protection of free and fair elections
B)  are essential to protect elections from corruption
C)  advance the core purpose of the First Amendment
D)  unconstitutionally restrict the freedom of speech protected by the First AmendmentE) A) and D)
F) B) and D) D

Question 12

The First Amendment prohibits abridgements of the freedom of speech and the press by

Accepted Answer

A)  Congress only
B)  the federal executive branch only
C)  the federal government only
D)  federal,state,and local legislatures only
E)  all levels and branches of governmentF) C) and E)
G) B) and E)

Question 13

Prior restraints on speech are

Accepted Answer

A)  the least-intrusive means to regulate speech
B)  presumptively unconstitutional
C)  rarely permitted remedies
D)  both B and C
E)  all of the aboveF) A) and E)
G) A) and D)

Question 14

The U.S.Supreme Court has said that prior restraint is sometimes necessary to counterbalance the power of large media corporations to drown out alternate voices and different ideas.

Accepted Answer

A) True 
 B)False

Question 15

John Milton said that the open exchange of ideas in an unfettered marketplace will allow convincing falsehoods to overcome the truth.

Accepted Answer

A) True 
 B)False

Question 16

In New York Times v.United States,the Supreme Court said that

Accepted Answer

A)  government bears an extremely heavy burden of proof to justify prior restraints
B)  prior restraints are constitutional when speech tends to harm important government interests
C)  prior restraints are constitutional when speech poses a clear and present danger to a government interest of the highest order
D)  both A and B
E)  both A and CF) B) and D)
G) A) and C) E

Question 17

In ad hoc balancing,courts employ strict rules of statutory interpretation.

Accepted Answer

A) True 
 B)False

Question 18

Both content-based and viewpoint-based regulations target speech because of government disfavor with the ideas expressed.

Accepted Answer

A) True 
 B)False

Question 19

The social contract is part of the First Amendment that requires the people to act responsibly in exchange for their freedoms.

Accepted Answer

A) True 
 B)False

Question 20

Traditional public forums include

Accepted Answer

A)  all online spaces (such as chat rooms) and all public properties
B)  any government property that is not involved with national security
C)  public property designed and historically used for public gathering and association
D)  public property designed for other purposes but available for public useE) B) and C)
F) A) and B)

Exam 2: The First Amendment

To guide its application of the First Amendment,the Supreme Court relies on

Correct AnswerverifiedShow Answer

Court injunctions that stop publication are always unconstitutional prior restraints.

Correct AnswerverifiedFalse

The legal protection of anonymous speakers online and offline is

Correct AnswerverifiedShow Answer

When government funds activities that involve expression,it

Correct AnswerverifiedShow Answer

The First Amendment stands as a nearly absolute ban to prior restraint.

Correct AnswerverifiedShow Answer

The First Amendment came first in the Bill of Rights because the Framers believed it was the most important and core right of the people.

Correct AnswerverifiedShow Answer

In First Amendment jurisprudence,original intent means the

Correct AnswerverifiedShow Answer

Laws of general application

Correct AnswerverifiedShow Answer

Instrumentalists argue that the First Amendment advances all of the following goals except

Correct AnswerverifiedShow Answer

Discuss the role of public forums with regard to free speech.Be sure to define the different categories of forums and explain why they exist.

Correct AnswerverifiedThe concept of public forums recognizes ...View AnswerShow Answer

In several recent decisions,the U.S.Supreme Court has held that state or federal limits on campaign spending

Correct AnswerverifiedD

The First Amendment prohibits abridgements of the freedom of speech and the press by

Correct AnswerverifiedShow Answer

Prior restraints on speech are

Correct AnswerverifiedShow Answer

The U.S.Supreme Court has said that prior restraint is sometimes necessary to counterbalance the power of large media corporations to drown out alternate voices and different ideas.

Correct AnswerverifiedShow Answer

John Milton said that the open exchange of ideas in an unfettered marketplace will allow convincing falsehoods to overcome the truth.

Correct AnswerverifiedShow Answer

In New York Times v.United States,the Supreme Court said that

Correct AnswerverifiedE

In ad hoc balancing,courts employ strict rules of statutory interpretation.

Correct AnswerverifiedShow Answer

Both content-based and viewpoint-based regulations target speech because of government disfavor with the ideas expressed.

Correct AnswerverifiedShow Answer

The social contract is part of the First Amendment that requires the people to act responsibly in exchange for their freedoms.

Correct AnswerverifiedShow Answer

Traditional public forums include

Correct AnswerverifiedShow Answer

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False

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The concept of public forums recognizes ...
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D

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E

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