Communications 300 Lesson 3

20 Questions | Total Attempts: 47

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Communication Quizzes & Trivia

This is the exam for lesson 3. Communications 300


Questions and Answers
  • 1. 
    Which of the following is true?
    • A. 

      The government cannot regulate conduct that has no communicative value

    • B. 

      Purely communicative conduct may be regulated by the government with no First Amendment implications

    • C. 

      Conduct that has both speech and non-speech elements may not be regulated

    • D. 

      The expressive nature of conduct is the element that moves actions from simply doing to communicating

  • 2. 
    True or False? In order for conduct to be protected expression, there must be a likelihood thata witness will understand the exact message the actor intends.
    • A. 

      True

    • B. 

      False

  • 3. 
    If the purpose of a government regulation is to restrict speech, the Court applies what test?
    • A. 

      The O'Brien (intermediate scrutiny) test

    • B. 

      The strict scrutiny test

    • C. 

      The Expressive Conduct test

    • D. 

      The Justice Hugo Black test

  • 4. 
    According to the Supreme Court, when speech and non-speech elements combine in someform of expression,
    • A. 

      A sufficiently important governmental interest in regulating the non-speech element of the communication can justify incidental limitations of First Amendment freedoms

    • B. 

      A sufficiently important governmental interest in regulating the non-speech element of the communication cannot justify incidental limitations of First Amendment freedoms.

  • 5. 
    When a government regulation is not aimed directly at the suppression of free expression, theCourt applies what test?
    • A. 

      The O'Brien (intermediate scrutiny) Test

    • B. 

      The strict scrutiny test

    • C. 

      The Expressive Conduct test

    • D. 

      The Justice Hugo Black test

  • 6. 
    Which of the following is not correct?
    • A. 

      In Texas v. Johnson (1989), the Court ruled that flag burning is protected expressive conduct.

    • B. 

      Legislators upset with the ruling in Texas v. Johnson have tried several times to pass a constitutional amendment prohibiting flag burning

    • C. 

      To become part of the Constitution, an amendment must first be approved by a two-thirds majority in each house of Congress, and then must be approved by two-thirds of the states.

    • D. 

      The House has voted several times in favor of a constitutional amendment prohibiting flag burning, but the Senate has never approved the measure.

  • 7. 
    For the fighting words doctrine to apply, the words uttered must:
    • A. 

      By their very utterance inflict injury or tend to incite an immediate breach of the peace

    • B. 

      Be particularly violent or obnoxious

    • C. 

      Be aimed directly at an individual in a face-to-face confrontation

    • D. 

      All of the above

  • 8. 
    Which of the following is not correct?
    • A. 

      Restrictions on peaceful picketing must be content neutral.

    • B. 

      Picketing on private property may be allowed by the Court if the property is used for a public purpose and picketers are clearly expressing their own opinions.

    • C. 

      Picketing can be banned from public property and public forums

    • D. 

      Peaceful picketing cannot be licensed

  • 9. 
    Which of the following is not correct?
    • A. 

      King Henry VIII in the 1530s instituted censorship and licensing for all publications, both religious and secular.

    • B. 

      In addition to licensing, King Henry VIII required printers to post bonds, and he offered copyrights in certain works to printers

    • C. 

      The printers who were members of the Stationer's Company led the fight against England's licensing system.

    • D. 

      Licensing gave the government complete discretion regarding the content of each publication, and it occurred in advance of publication.

  • 10. 
    Which of the following is not correct?
    • A. 

      John Milton's Areopagitica (1644) was an attack on licensing and prior restraints.

    • B. 

      Milton wrote, essentially, that when Truth and Falsehood grapple, Truth wins out.

    • C. 

      Milton's arguments were important to the revocation of the Licensing Act in England

    • D. 

      Milton's arguments were important in later centuries to the development of libertarian theory.

  • 11. 
    Which of the following is correct?
    • A. 

      When licensing ended in England, it also ended in the Colonies

    • B. 

      A grand jury in Massachusetts in 1723 refused to indict Benjamin Franklin's brother James for violating a prior restraint on his newspaper.

    • C. 

      Blackstone wrote in his Commentaries in the late 1760s that essential to the nature of a free state is that there be no prior restraints on the press, and no subsequent punishments either

    • D. 

      The drafters of the First Amendment clearly intended to prohibit both prior restraints and subsequent punishments.

  • 12. 
    True or False? "Narrow constructionists" think the framers intended to ban both priorrestraints and subsequent punishments.
    • A. 

      True

    • B. 

      False

  • 13. 
    True or False? The intent of the framers of the Constitution and the First Amendment in the1700s is irrelevant to constitutional application and case law in the 21st Century.
    • A. 

      True

    • B. 

      False

  • 14. 
    According to Professor Thomas Emerson, prior restraints are worse than subsequentpunishments in part because
    • A. 

      Subsequent punishments are broad; all publications are subject to them

    • B. 

      At least with subsequent punishments, the publication reaches the marketplace of ideas (as it would not with prior restraints)

    • C. 

      Prior restraint is a criminal procedure with juries and other safeguards for speech such as the presumption of innocence and rules of evidence

    • D. 

      Prior restraints provide an opportunity for public appraisal and criticism

  • 15. 
    Prior restraint doctrine and libertarian theory
    • A. 

      Assume that the state is more trustworthy than individuals and the public

    • B. 

      Assume that free speech is too risky in a democracy

    • C. 

      Assume that individuals should have no autonomy from the state

    • D. 

      Are preoccupied with concerns about government power and state paternalism

  • 16. 
    The Supreme Court for the first time explicitly adopted the doctrine against prior restraint in
    • A. 

      Grosjean v. American Press (1936)

    • B. 

      Abrams v. United States (1919)

    • C. 

      Near v. Minnesota (1931)

    • D. 

      Whitney v. California (1927)

  • 17. 
    Prior restraint doctrine assumes that
    • A. 

      The government is justified in reducing risk by restraining expression

    • B. 

      Attempts to achieve security through suppression pose a greater risk than publication

    • C. 

      We must be eternally vigilant in checking expression of opinion that we loathe

    • D. 

      Governments' worse case scenarios seem to come true when information is published

  • 18. 
    With regard to vague and overbroad speech regulations:
    • A. 

      Vague regulations inhibit speakers who cannot be sure if they will violate the regulation

    • B. 

      Vague regulations empower speakers inappropriately and encourage them to articulate unacceptable and illegal expression

    • C. 

      Overbroad regulations prohibit only unprotected speech

    • D. 

      Overbroad regulations might be constitutional if crafted to preclude more protected expression

  • 19. 
    True or False? One presumption of prior restraint doctrine is that from the outset, governmentrestrictions solidly outweigh free speech, and that the speaker has a heavy burden toovercome that presumption.
    • A. 

      True

    • B. 

      False

  • 20. 
    True or False? Even if the content of speech poses an imminent danger, there is no reason tostop it in a given case if the content of that speech already is available elsewhere
    • A. 

      True

    • B. 

      False

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