_____ is defined as the government cannot suppress speech because it disagrees with the speech’s content or message; the government can suppress unprotected speech.
Answer
Correct Answer:
Viewpoint discrimination
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_____ is a statute is void-for-vagueness and unconstitutional when people of ordinary intelligence must guess at the words’ meaning
Answer
Correct Answer:
Vague
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Is unprotected speech speech and expression not protected by the First Amendment, such as fighting words, statements posing a clear and present danger, and obscene material?
Answer
Correct Answer:
True
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_____ is known as the unlawful communication of a threat of violence to identifiable people; the speaker need not actually intend to carry out the threat; unprotected speech
Answer
Correct Answer:
True threats
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_____ is defined as Permissible restriction on speech to accommodate civilized living (e.g., no speeches by bullhorn at 2:00 a.m.)
Answer
Correct Answer:
Time, manner, and place restriction
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_____ is the highest level of review that courts use to examine government regulation of fundamental freedoms
Answer
Correct Answer:
Strict scrutiny
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Is speech what people communicate, includes expressive conduct?
Answer
Correct Answer:
True
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_____ is known as protected under the First Amendment as a marketplace for the exchange of ideas, the hallmark of democracy
Answer
Correct Answer:
Public forum
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_____ is defined as a lustful, morbid, or shameful interest in nudity, sex, and/or excretion
Answer
Correct Answer:
Prurient interest
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_____ is the First Amendment protects speech and expressive conduct that communicates ideas, even if such speech is offensive.
Answer
Correct Answer:
Protected speech
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Is overbroad a doctrine that invalidates laws that criminalize both protected and unprotected speech?
Answer
Correct Answer:
True
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_____ is known as patently offensive sexual material that is defined by the Miller test as having no artistic, political, scientific, or literary value (e.g., child pornography)
Answer
Correct Answer:
Obscenity
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_____ is defined as if a law will infringe on civil liberties, it must be written in the least intrusive manner
Answer
Correct Answer:
Narrowly tailored
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_____ is For obscenity, does the work appeal to the prurient interest? Is the work patently sexually offensive? Does the work taken as a whole lack serious literary, artistic, political, or scientific value?
Answer
Correct Answer:
Miller test
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Is lemon test asks under the First Amendment’s Establishment Clause whether the law under review is secular, whether it fosters an extensive entanglement with religion, and whether it either advances or inhibits religion; a way to separate church and state?
Answer
Correct Answer:
True
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_____ is known as government laws may not overburden civil liberties
Answer
Correct Answer:
Least restrictive means
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_____ is defined as public employee speech is protected by the First Amendment if it relates to a matter of public concern and does not interfere with their boss’s ability to run the agency effectively.
Answer
Correct Answer:
Garcetti test
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_____ is Protects five freedoms: to establish and practice religion, practice free speech (which includes expressive conduct), maintain a free press, to peaceably assemble, and to petition the government for redress of grievances
Answer
Correct Answer:
First Amendment
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Is fighting words statements that, by their very utterance, inflict injury?
Answer
Correct Answer:
True
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_____ is known as a law or warrant that appears legal “on its face”
Answer
Correct Answer:
Facially valid
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_____ is defined as meant to communicate ideas such as burning the flag or a cross; protected free speech
Answer
Correct Answer:
Expressive conduct
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_____ is the government cannot prohibit the free exercise of religion pursuant to the First Amendment, although people may not harm and kill others and claim religious freedom.
Answer
Correct Answer:
Exercise Clause
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Is establishment Clause the government cannot interfere with the establishment of religion pursuant to the First Amendment. The Lemon test is used to ensure laws remain secular and do not foster an excessive entanglement with religion?
Answer
Correct Answer:
True
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_____ is known as unlawful for the government to suppress speech based on its content, though the government can suppress unprotected speech
Answer
Correct Answer:
Content-based regulations
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_____ is defined as minimum legal justification for public health, safety, and welfare required for the government to interfere with personal liberties
Answer
Correct Answer:
Compelling state interest
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_____ is a risk posed to public safety by certain speech or conduct that incites immediate lawlessness; the government has the legal authority to suppress such speech and conduct
Answer
Correct Answer:
Clear and present danger
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Is chilling effect the impact of vague laws that repress free speech rights by making people fear criminal reprisal for the content of their speech?
Answer
Correct Answer:
True
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Public employee’s speech will be protected if it concerns a matter of personal concern.
Answer
Correct Answer:
False
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Protected speech includes words which by their very utterance inflict injury or incite violence.
Answer
Correct Answer:
False
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Pursuant to the freedoms embodied in the First Amendment, anyone can establish a religion.
Answer
Correct Answer:
True
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On the scales of justice between the government’s interests and individual liberties, the holding of the Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah (1993) case found in favor of______.
Answer
Correct Answer:
Right to exercise religion
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The U.S. Supreme Court has held it legal when government begins public events with a prayer because the federal Congress and many state legislatures have been praying before meetings______.
Answer
Correct Answer:
Since the country was founded
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A student wrote lap lyrics that seemingly threatened school employees. The student was suspended. The student claimed the school action was unlawful because the school violated his right to artistic expression. The school’s action was upheld as legal because the student’s speech______.
Answer
Correct Answer:
Caused a substantial disruption to the educational mission
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Obscenity is what type of speech because of its harm to society?
Answer
Correct Answer:
Unprotected
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Similar to a terrorist threat, which of the following places people in fear of imminent bodily injury or death?
Answer
Correct Answer:
True threat
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The U.S. Supreme Court precedent Texas v. Johnson (1989) holding it legal expressive conduct to burn the flag in protest has made laws criminalizing desecrating the flag when done as a free speech activity______.
Answer
Correct Answer:
Unenforceable
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Vague laws are said to do what to free speech?
Answer
Correct Answer:
Chill
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To be legal, a time, manner, place restriction must meet all of the following conditions EXCEPT______.
Answer
Correct Answer:
Must be restrictive viewpoint discrimination
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The case Alvarez v. United States (2012), the criminal statute making it a crime to lie about earning military honors is an example of impermissible government ______.
Answer
Correct Answer:
Content-based regulation
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Courts analyze laws that infringe on constitutional rights, particularly those regulations infringing on the First Amendment, to determine if the law meets all of the following requirements EXCEPT: ______.
Answer
Correct Answer:
Overburdens the right to free speech and expression
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The first step in analyzing First Amendment issues is to examine whether which of the following parties is involved in suppressing speech, expression, or religious freedoms?
Answer
Correct Answer:
The government
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The First Amendment protects all of the following EXCEPT______.
Answer
Correct Answer:
The right to libel and slander
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