How Well Do You Know Your Right To Free Speech?

1. Is sun bathing nude in a public park legal?

Yes, it is a speech act.

No, it is not considered a speech act.

Simply sunbathing naked is not considered a speech act, and is not protected by the first amendment. However, if you write out "I'd rather go naked than wear fur" on yourself with sun tan lotion, your nakedness would become a speech act.

Explanation

Simply sunbathing naked is not considered a speech act, and is not protected by the first amendment. However, if you write out "I'd rather go naked than wear fur" on yourself with sun tan lotion, your nakedness would become a speech act.

2. What is prior restraint?

Censorship of a message after it is communicated

Censorship of a message before it is communicated

Censorship of a message that defames people

Censorship of a message that slanders people

Courts have held that prior restraint is unconstitutional. If prior restraint were enforced, it would place a burden on speech, and possibly prevent protected speech from entering the marketplace of ideas.

Explanation

Courts have held that prior restraint is unconstitutional. If prior restraint were enforced, it would place a burden on speech, and possibly prevent protected speech from entering the marketplace of ideas.

3. What is a "free speech zone"?

A public area where activists can protest and use freedom of speech

A designated zone where all acts are considered speech

Areas not owned by local, state, or federal government

Free Speech Zones, also known as Free Speech Areas, are specific areas that protestors can use to demonstrate their speech. Time, Place and Manner restrictions may limit speech to only be allowed in these areas without violating the first amendment.

Explanation

Free Speech Zones, also known as Free Speech Areas, are specific areas that protestors can use to demonstrate their speech. Time, Place and Manner restrictions may limit speech to only be allowed in these areas without violating the first amendment.

4. Which of the following is NOT protected by copyright?

Ideas

Novels

Architecture

Music

While the way in which you express your ideas can be protected, the ideas themselves cannot be copyrighted. Once you publish something, you are leaving your ideas to be lifted and re-interpreted by any other author or content creator. For example, the script of the "Freaky Friday" movie may be copyrighted, but the plot idea consisting of individuals switching bodies is not. (As seen in many other movies such as Big, Seventeen Again, Hot Chick, Change Up, etc.)

Explanation

While the way in which you express your ideas can be protected, the ideas themselves cannot be copyrighted. Once you publish something, you are leaving your ideas to be lifted and re-interpreted by any other author or content creator. For example, the script of the "Freaky Friday" movie may be copyrighted, but the plot idea consisting of individuals switching bodies is not. (As seen in many other movies such as Big, Seventeen Again, Hot Chick, Change Up, etc.)

5. Which of the following is LEAST protected by freedom of speech?

Philosophical speech

Political speech

Individual speech

Commercial speech

Commercial speech can be regulated so that it is not misleading or involve unlawful activity. Regulations on commercial speech, or speech used to earn profit or gain, must be proven to advance government interest, and cannot be more pervasive than necessary.

Explanation

Commercial speech can be regulated so that it is not misleading or involve unlawful activity. Regulations on commercial speech, or speech used to earn profit or gain, must be proven to advance government interest, and cannot be more pervasive than necessary.

6. True or False, It is against the law to burn an American flag in protest?

True

False

Flag burning has been a constitutionally protected form of free speech since 1989 when the Supreme Court struck down all flag desecration bans.

Explanation

Flag burning has been a constitutionally protected form of free speech since 1989 when the Supreme Court struck down all flag desecration bans.

7. Which of the following groups of people has the least freedom to free speech?

Students

Prisoners

Soldiers

The court has favored regulations on soldiers' speech to help preserve morale within the military. Justice William Rehnquist describes the military as "a specialized society separate from civilian society," and so does not enjoy the same freedom of speech as normal folk in order to "meet certain over-riding demands of discipline and duty" (Tedford, 339).

Explanation

The court has favored regulations on soldiers' speech to help preserve morale within the military. Justice William Rehnquist describes the military as "a specialized society separate from civilian society," and so does not enjoy the same freedom of speech as normal folk in order to "meet certain over-riding demands of discipline and duty" (Tedford, 339).

8. How many freedoms are granted by the first amendment?

7

3

5

10

The first amendment grants 5 freedoms: Freedom of Speech, Freedom of the Press, Freedom of Religion, Freedom to Petition, and Freedom of Assembly.

Explanation

The first amendment grants 5 freedoms: Freedom of Speech, Freedom of the Press, Freedom of Religion, Freedom to Petition, and Freedom of Assembly.

9. If we did not get the license or permission to use the photos that appear in this quiz, are we in violation of copyright law?

No, because it is fair use due to educational purposes.

No, this is just a silly quiz.

Yes, because we are getting graded on this project which constitutes personal gain, which makes it commercial speech.

Yes, because we are not providing commentary on the images themselves and so are in violation.

Because we did not obtain permission to use the photos in this quiz, if the owners have registered them for a copyright, we could be held liable for copyright violation. This quiz, while educational, does not constitute fair use of the images because they are not pivotal to our commentary.

Explanation

Because we did not obtain permission to use the photos in this quiz, if the owners have registered them for a copyright, we could be held liable for copyright violation. This quiz, while educational, does not constitute fair use of the images because they are not pivotal to our commentary.

10. Which of the following IS protected by the first amendment?

Defamation

Obscenity

Indecency

Violence

Indecency is described by the FCC as, "language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.” It does not rise to the level of obscenity, and is protected by the first amendment.

Explanation

Indecency is described by the FCC as, "language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.” It does not rise to the level of obscenity, and is protected by the first amendment.