Communications 300 Lesson 3

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  • 1/20 Questions

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

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

Communications 300 Lesson 3 explores the boundaries and legal frameworks of expressive conduct and free speech. It assesses understanding of key legal tests such as strict scrutiny and O'Brien Test, and implications for constitutional freedoms. Essential for students of law and communication.

Communications 300 Lesson 3 - Quiz

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  • 2. 

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

    • The O'Brien (intermediate scrutiny) test

    • The strict scrutiny test

    • The Expressive Conduct test

    • The Justice Hugo Black test

    Correct Answer
    A. The strict scrutiny test
    Explanation
    The strict scrutiny test is applied by the Court when the purpose of a government regulation is to restrict speech. This test requires the government to prove that the regulation is necessary to achieve a compelling government interest and that it is the least restrictive means of achieving that interest. It places a high burden on the government to justify the restriction, ensuring that the regulation does not unduly infringe upon the First Amendment right to free speech.

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  • 3. 

    For the fighting words doctrine to apply, the words uttered must:

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

    • Be particularly violent or obnoxious

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

    • All of the above

    Correct Answer
    A. All of the above
    Explanation
    The correct answer is "all of the above". The fighting words doctrine applies when the words uttered not only inflict injury or tend to incite an immediate breach of the peace, but also when they are particularly violent or obnoxious. Additionally, for the doctrine to apply, the words must be aimed directly at an individual in a face-to-face confrontation. Therefore, all three conditions mentioned in the options must be satisfied for the fighting words doctrine to be applicable.

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  • 4. 

    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

    • True

    • False

    Correct Answer
    A. True
    Explanation
    The statement is true because if the content of a speech poses an imminent danger, it should be stopped regardless of whether the content is available elsewhere. Imminent danger implies a potential harm or threat that could arise from the speech, and allowing it to continue would put individuals at risk. The availability of the content elsewhere does not negate the need to prevent harm or protect others from potential dangers associated with the speech.

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  • 5. 

    With regard to vague and overbroad speech regulations:

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

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

    • Overbroad regulations prohibit only unprotected speech

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

    Correct Answer
    A. Vague regulations inhibit speakers who cannot be sure if they will violate the regulation
    Explanation
    Vague regulations create uncertainty for speakers as they are unable to determine whether their speech will be considered a violation of the regulation. This uncertainty can lead to self-censorship, inhibiting individuals from expressing themselves freely. As a result, vague regulations restrict and inhibit speech by creating a chilling effect on individuals who fear potential punishment for unknowingly violating the regulation.

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  • 6. 

    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.

    • True

    • False

    Correct Answer
    A. False
    Explanation
    The explanation for the answer "false" is that the intent of the framers of the Constitution and the First Amendment in the 1700s is indeed relevant to constitutional application and case law in the 21st Century. The Constitution is a living document that provides a framework for interpreting and applying laws, and understanding the original intent of the framers helps in interpreting the Constitution's provisions in a way that is consistent with their intentions. Additionally, the Supreme Court often considers the historical context and the framers' intentions when making decisions on constitutional issues.

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  • 7. 

    Prior restraint doctrine assumes that

    • The government is justified in reducing risk by restraining expression

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

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

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

    Correct Answer
    A. The government is justified in reducing risk by restraining expression
    Explanation
    The correct answer is "the government is justified in reducing risk by restraining expression." The prior restraint doctrine is based on the belief that the government has the authority to limit or restrain certain forms of expression in order to prevent potential harm or risk. It assumes that by restricting certain speech or publication, the government can effectively reduce the likelihood of negative consequences or threats to public safety. This perspective prioritizes risk reduction over the potential infringement of freedom of expression.

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  • 8. 

    Which of the following is true?

    • The government cannot regulate conduct that has no communicative value

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

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

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

    Correct Answer
    A. The expressive nature of conduct is the element that moves actions from simply doing to communicating
    Explanation
    The answer states that the expressive nature of conduct is what distinguishes it from simply doing something. This means that when conduct is done with the intention of communicating a message, it falls under the realm of protected speech. In other words, if conduct has a communicative value, the government cannot regulate it. This explanation aligns with the principles of the First Amendment, which protects freedom of speech.

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  • 9. 

    Which of the following is not correct?

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

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

    • 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.

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

    Correct Answer
    A. 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.
    Explanation
    The explanation for the given correct answer is that the statement is incorrect because an amendment to the Constitution must first be approved by a two-thirds majority in both the House of Representatives and the Senate, and then it must be ratified by three-fourths of the states, not two-thirds. The statement incorrectly states that the amendment must be approved by two-thirds of the states, which is not accurate.

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  • 10. 

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

    • True

    • False

    Correct Answer
    A. False
    Explanation
    "Narrow constructionists" do not believe that the framers intended to ban both prior restraints and subsequent punishments. Instead, they interpret the Constitution narrowly and believe that the framers only intended to ban prior restraints, which are restrictions on speech before it is expressed. They argue that subsequent punishments, such as legal consequences for speech after it has been expressed, are permissible under the Constitution. Therefore, the statement that "Narrow constructionists" think the framers intended to ban both prior restraints and subsequent punishments is false.

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  • 11. 

    Which of the following is correct?

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

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

    • 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

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

    Correct Answer
    A. A grand jury in Massachusetts in 1723 refused to indict Benjamin Franklin's brother James for violating a prior restraint on his newspaper.
    Explanation
    In the given options, the correct answer is the statement about a grand jury in Massachusetts refusing to indict Benjamin Franklin's brother James for violating a prior restraint on his newspaper. This answer is supported by historical evidence and aligns with the concept of prior restraints on the press being rejected in early American history. It demonstrates the early recognition of the importance of free speech and press freedom in the United States.

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  • 12. 

    The Supreme Court for the first time explicitly adopted the doctrine against prior restraint in

    • Grosjean v. American Press (1936)

    • Abrams v. United States (1919)

    • Near v. Minnesota (1931)

    • Whitney v. California (1927)

    Correct Answer
    A. Near v. Minnesota (1931)
    Explanation
    The correct answer is Near v. Minnesota (1931). In this case, the Supreme Court established the doctrine against prior restraint, which prohibits the government from censoring or restraining speech before it is published. The Court ruled that a Minnesota law allowing the government to shut down "malicious, scandalous, and defamatory" newspapers violated the First Amendment. This landmark decision affirmed the importance of freedom of the press and set a precedent for future cases involving prior restraint.

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  • 13. 

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

    • The O'Brien (intermediate scrutiny) Test

    • The strict scrutiny test

    • The Expressive Conduct test

    • The Justice Hugo Black test

    Correct Answer
    A. The O'Brien (intermediate scrutiny) Test
    Explanation
    The O'Brien (intermediate scrutiny) Test is applied by the Court when a government regulation is not directly aimed at suppressing free expression. This test requires the government to demonstrate that the regulation is unrelated to the suppression of expression and that it advances an important government interest. It also considers whether the regulation is narrowly tailored and does not burden more speech than necessary. This test strikes a balance between protecting free expression and allowing the government to regulate certain conduct for legitimate reasons.

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  • 14. 

    Which of the following is not correct?

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

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

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

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

    Correct Answer
    A. Milton's arguments were important to the revocation of the Licensing Act in England
    Explanation
    John Milton's arguments were not important to the revocation of the Licensing Act in England.

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  • 15. 

    Prior restraint doctrine and libertarian theory

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

    • Assume that free speech is too risky in a democracy

    • Assume that individuals should have no autonomy from the state

    • Are preoccupied with concerns about government power and state paternalism

    Correct Answer
    A. Are preoccupied with concerns about government power and state paternalism
    Explanation
    The correct answer is "are preoccupied with concerns about government power and state paternalism." This answer accurately describes both the prior restraint doctrine and libertarian theory. These concepts are concerned with the potential abuse of government power and the idea that the state should not have excessive control over individuals. They emphasize the importance of protecting individual rights and limiting government interference in order to prevent authoritarianism and ensure individual autonomy.

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  • 16. 

    According to Professor Thomas Emerson, prior restraints are worse than subsequentpunishments in part because

    • Subsequent punishments are broad; all publications are subject to them

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

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

    • Prior restraints provide an opportunity for public appraisal and criticism

    Correct Answer
    A. At least with subsequent punishments, the publication reaches the marketplace of ideas (as it would not with prior restraints)
    Explanation
    The correct answer suggests that subsequent punishments are preferable to prior restraints because, even though they are broad and apply to all publications, at least the publication is able to reach the marketplace of ideas. In contrast, prior restraints prevent the publication from reaching the public, limiting the opportunity for public appraisal and criticism. This explanation highlights the importance of allowing ideas to be heard and evaluated by the public, even if there are potential consequences or punishments afterwards.

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  • 17. 

    Which of the following is not correct?

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

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

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

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

    Correct Answer
    A. The printers who were members of the Stationer's Company led the fight against England's licensing system.
    Explanation
    During the 1530s, King Henry VIII implemented censorship and licensing for all publications, including religious and secular works. He not only required printers to post bonds but also granted copyrights to certain works. However, the correct answer states that the printers who were members of the Stationer's Company led the fight against England's licensing system, which is not correct.

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  • 18. 

    Which of the following is not correct?

    • Restrictions on peaceful picketing must be content neutral.

    • 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.

    • Picketing can be banned from public property and public forums

    • Peaceful picketing cannot be licensed

    Correct Answer
    A. Picketing can be banned from public property and public forums
    Explanation
    The statement "Picketing can be banned from public property and public forums" is incorrect because the First Amendment protects the right to engage in peaceful picketing in public spaces and forums. The government can impose reasonable time, place, and manner restrictions on picketing, but an outright ban would be unconstitutional.

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  • 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.

    • True

    • False

    Correct Answer
    A. False
    Explanation
    One presumption of prior restraint doctrine is that from the outset, government restrictions solidly outweigh free speech, and that the speaker has a heavy burden to overcome that presumption. This statement is incorrect. In reality, the presumption of prior restraint doctrine is that government restrictions on free speech are invalid and unconstitutional unless they can meet a high standard of justification. The burden is on the government to prove that the restriction is necessary to protect a compelling government interest, and even then, the restriction must be narrowly tailored and the least restrictive means available.

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  • 20. 

    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.

    • True

    • False

    Correct Answer
    A. False
    Explanation
    The statement is false. In order for conduct to be protected expression, it is not necessary for a witness to understand the exact message the actor intends. The key factor is whether the conduct is expressive in nature and conveys a particular message, regardless of whether it is fully understood by others. Freedom of expression protects the act of conveying a message through conduct, even if the message is not completely comprehended by others.

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  • Current Version
  • Mar 17, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • Mar 07, 2010
    Quiz Created by
    Cucaracho
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