First Amendment Speech and Press Freedoms in Theory and Reality MCQ

1. A public (or government) facility that is sometimes available for public use that conforms with its primary purpose is called a designated public forum.

2. 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.

3. In Near v. Minnesota, the Supreme Court ruled that prior restraint is justified to stop media criticism of government officials.

4. Prior restraints on speech are presumptively unconstitutional.

5. Laws that indirectly limit the freedom of speech while achieving other important government objectives are called content-neutral time, place, and manner restrictions.

6. In the 21st century, “the press” refers to ______.

7. The crime of sedition punishes ______.

8. Considering the right to speak and the right to refrain from speaking, the Supreme Court has said that ______.

9. When employing ad hoc balancing, judges make decisions based on ______.

10. The Supreme Court has ruled that the First Amendment ______.

11. Government regulations that target the content of speech because of government disfavor with the ideas expressed are called ______.

12. Under the First Amendment, prior restraints by the government ______.

13. The First Amendment ______.

14. Textualists believe that interpretation of the Constitution should be guided by ______.

15. A traditional public forum is ______.

16. 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 _______ .

17. Symbolic expression action that warrants some First Amendment protection because its primary purpose is to express ideas.

18. Strict scrutiny a court test for determining the constitutionality of laws aimed at speech content .

19. Seditious libel communication meant to incite people to change the government; criticism of the government.

20. Rational review that assumes the constitutionality of reasonable legislative or administrative enactments and applies _______ to their review.

21. A motion often made in response to subpoenas for confidential information is known as ______ .

22. Public forum use by the public, usually for purposes of exercising rights of speech and assembly.

23. A policy that requires government approval before publication is known as ______ .

24. Original intent is the perceived intent of the framers of the Constitution that guides some First Amendment _______ .

25. The O'Brien test is used to determine whether a content-neutral law is constitutional.

26. Which of the correct statements about Nonpublic forum ?

27. Laws of general application are generally reviewed under minimum scrutiny,this statement is related to ________ .

28. A standard applied by the courts to review laws that implicate but do not directly regulate core constitutional values is known as _____ .

29. ______ is a court order prohibiting a person or organization from doing some specified act.

30. An interest of the government that is substantial or significant is known as ______ .

31. Statements in a court opinion that are not central or essential to its reasoning or holding is known as ______ .

32. Designated public forum government spaces or buildings that are available for _______ .

33. 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 _______ .

34. Content neutral term is used to describe ______ actions that incidentally and unintentionally affect speech .

35. Content based used to describe government actions prompted by the ideas, subject matter or position of the message.

36. A government interest of the highest order, an interest the government is required to protect is known as ______ .

37. Define Categorical balancing :

38. Ad hoc balancing is making decisions according to the specific facts of the case under review rather than more general principles.