1.
What is prior restraint?
Correct Answer
B. Censorship of a message before it is communicated
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.
2.
Which of the following IS protected by the first amendment?
Correct Answer
C. Indecency
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.
3.
Which of the following is LEAST protected by freedom of speech?
Correct Answer
D. Commercial speech
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.
4.
Which of the following is NOT protected by copyright?
Correct Answer
A. Ideas
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.
What is a "free speech zone"?
Correct Answer
A. A public area where activists can protest and use freedom of speech
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.
6.
How many freedoms are granted by the first amendment?
Correct Answer
C. 5
Explanation
The first amendment grants 5 freedoms: Freedom of Speech, Freedom of the Press, Freedom of Religion, Freedom to Petition, and Freedom of Assembly.
7.
True or False, It is against the law to burn an American flag in protest?
Correct Answer
B. False
Explanation
Flag burning has been a constitutionally protected form of free speech since 1989 when the Supreme Court struck down all flag desecration bans.
8.
Is sun bathing nude in a public park legal?
Correct Answer
B. No, it is not considered 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.
9.
Which of the following groups of people has the least freedom to free speech?
Correct Answer
C. Soldiers
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).
10.
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?
Correct Answer
D. Yes, because we are not providing commentary on the images themselves and so are in violation.
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.