First Amendment Speech and Press Freedoms in Theory and Reality MCQ
A public (or government) facility that is sometimes available for public use that conforms with its primary purpose is called a designated public forum.
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Correct Answer:
True
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In New York Times Co. v. United States, the Supreme Court said that prior restraints could be constitutional when speech poses a clear and present danger to a government interest of the highest order.
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True
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In Near v. Minnesota, the Supreme Court ruled that prior restraint is justified to stop media criticism of government officials.
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Correct Answer:
False
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Prior restraints on speech are presumptively unconstitutional.
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Correct Answer:
True
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Laws that indirectly limit the freedom of speech while achieving other important government objectives are called content-neutral time, place, and manner restrictions.
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Correct Answer:
True
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In the 21st century, “the press” refers to ______.
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Correct Answer:
Both traditional and new media
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The crime of sedition punishes ______.
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Correct Answer:
Criticism of government
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Considering the right to speak and the right to refrain from speaking, the Supreme Court has said that ______.
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Both are related to individual freedom of min
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When employing ad hoc balancing, judges make decisions based on ______.
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The particulars of the specific case facts
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The Supreme Court has ruled that the First Amendment ______.
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Applies to both state and federal legislatures
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Government regulations that target the content of speech because of government disfavor with the ideas expressed are called ______.
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Viewpoint-based and content-based
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Under the First Amendment, prior restraints by the government ______.
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Are a last resort of the most extreme nature
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The First Amendment ______.
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Protects a range of rights
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Textualists believe that interpretation of the Constitution should be guided by ______.
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The Constitution’s own language
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A traditional public forum is ______.
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A public property that is held in trust for the public to use for assembly and communication
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Time/place/manner laws a first amendment concept that laws regulating the conditions of speech are more acceptable than those regulating content,this statement is related to _______ .
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Correct Answer:
Time/place/manner laws
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Symbolic expression action that warrants some First Amendment protection because its primary purpose is to express ideas.
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Correct Answer:
True
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Strict scrutiny a court test for determining the constitutionality of laws aimed at speech content .
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Correct Answer:
True
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Seditious libel communication meant to incite people to change the government; criticism of the government.
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Correct Answer:
True
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Rational review that assumes the constitutionality of reasonable legislative or administrative enactments and applies _______ to their review.
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Minimum scrutiny
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A motion often made in response to subpoenas for confidential information is known as ______ .
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Quash
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Public forum use by the public, usually for purposes of exercising rights of speech and assembly.
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Correct Answer:
True
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A policy that requires government approval before publication is known as ______ .
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Prior restraint
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Original intent is the perceived intent of the framers of the Constitution that guides some First Amendment _______ .
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Correct Answer:
Both a & b
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The O'Brien test is used to determine whether a content-neutral law is constitutional.
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Correct Answer:
True
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Which of the correct statements about Nonpublic forum ?
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Correct Answer:
Government-held property that is not available for public speech and assembly purposes.
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Laws of general application are generally reviewed under minimum scrutiny,this statement is related to ________ .
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Correct Answer:
Laws of general application
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A standard applied by the courts to review laws that implicate but do not directly regulate core constitutional values is known as _____ .
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Correct Answer:
Both a & b
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______ is a court order prohibiting a person or organization from doing some specified act.
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Injunction
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An interest of the government that is substantial or significant is known as ______ .
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Important government interest
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Statements in a court opinion that are not central or essential to its reasoning or holding is known as ______ .
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Dicta
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Designated public forum government spaces or buildings that are available for _______ .
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Public use
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A false communication that harms another’s reputation and subjects him or her to ridicule and scorn; incorporates both libel and slander is known as _______ .
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Correct Answer:
Defamation
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Content neutral term is used to describe ______ actions that incidentally and unintentionally affect speech .
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Correct Answer:
Both a & b
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Content based used to describe government actions prompted by the ideas, subject matter or position of the message.
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Correct Answer:
True
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A government interest of the highest order, an interest the government is required to protect is known as ______ .
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Compelling interest
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Define Categorical balancing :
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Correct Answer:
Legal reasoning that weighs different broad categories, such as political speech, against other interests.
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Ad hoc balancing is making decisions according to the specific facts of the case under review rather than more general principles.
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Correct Answer:
True
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