Different Categories Trigger Distinct Treatment MCQ
A court applying the incitement test to determine if the producer of a video game was responsible for an injury caused by a game player will consider whether the game played was the proximate cause of the injury.
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Correct Answer:
True
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Laws that make viewpoint-based discriminations are reviewed under strict scrutiny and generally are unconstitutional.
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Correct Answer:
True
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Public schools may regulate student expression when it is sponsored by the school or is likely to be understood to represent the school.
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Correct Answer:
True
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Chilling effect is the name used to describe the tendency for unclear government regulations to discourage the exercise of constitutionally protected rights.
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Correct Answer:
True
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The First Amendment’s protection of disruptive speech is stable regardless of political, economic, or social conditions.
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Correct Answer:
False
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Fighting words are words directed at an individual that inflict injury or tend immediately to disturb the peace.
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Correct Answer:
True
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When speech and action are intertwined in a symbolic act, such as flag burning, ______.
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The speech may be regulated using content-neutral laws
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Hate speech is ______.
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Not a legal term
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The concept that the Fourteenth Amendment extends the reach of the Bill of Rights to apply equally to state governments is called ______.
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The incorporation
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In Brandenburg v. Ohio, the Supreme Court said advocacy of violence is protected speech unless the speech ______.
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Correct Answer:
Intends to incite violence and is likely to incite imminent violence
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Given the Supreme Court’s ruling in Elonis v. United States, true threats that are directed at an individual with the intent and likelihood of causing the listener to fear bodily harm are ______.
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An ill-defined category of speech that may be punishable
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The clear and present danger standard ______.
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protected more speech than the "bad tendency" test previously used by courts
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In Tinker v. Des Moines Independent Community School District, the Supreme Court ruled that public schools ______.
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Correct Answer:
May not regulate non-disruptive student protest
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The U.S. Supreme Court struck down the anti-hate ordinance at issue in RAV v. City of St. Paul because the law was ______.
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Content-based
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When a law is challenged as applied, courts judge the law’s constitutionality based on ______.
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The real effect of the law
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Courts will apply a strict scrutiny test to determine whether the government acted constitutionally,this statement is related to _______ .
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Viewpoint-based discrimination
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USA PATRIOT Act passed in ______.
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Correct Answer:
2001
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A First Amendment doctrine that disfavors narrow laws that target a subset of a recognized category for discriminatory treatment is known as _______ .
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Underinclusive
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True threat speech directed toward and _______ identified group with the intent of causing fear of harm .
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Both a & b possible
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The legal determination of whether it is reasonable to conclude that the defendant’s actions led to the plaintiff’s injury is known as _______ .
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Proximate cause
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Generally, the failure to exercise reasonable or ordinary care is known as _______ .
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Negligence
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Incorporation doctrine is the _______ concept that most of the Bill of Rights applies equally to the states.
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14th Amendment
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Hate speech includes name-calling and pointed criticism that demeans others on the basis of race, color, gender, ethnicity, religion, national.
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Correct Answer:
True
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Fighting words _______ by the First Amendment because they are directed at an individual and cause immediate harm or trigger violent response.
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Correct Answer:
Both a & b
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Which of the correct statements about Clear and present danger ?
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Correct Answer:
If they are necessary to prevent an extremely serious and imminent harm.
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Chilling effect is the discouragement of a constitutional right, especially free speech, by any government practice
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Correct Answer:
True
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A legal phrase referring to interpretation of a statute on the basis of actual effects on the parties in the present case is known as _____ .
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Correct Answer:
As applied
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