Chapter 13 Flashcards
In the context of First Amendment jurisprudence, which of the following statements is most accurate concerning the protection of speech?
Government regulations of protected speech typically face higher scrutiny from the court than regulations of unprotected speech.
According to the First Amendment, which of the following types of speech may be entirely prohibited by the government?
Unprotected speech including obscenity and “fighting words”
Which forms of expression are considered a part of political speech according to the Supreme Court?
Written words, spoken words, campaign spending, and symbolic acts.
Under which circumstances is it constitutional for the government to restrict the content of speech?
When the speech discloses national security secrets.
What kind of speech restrictions can public colleges and universities impose, according to the Supreme Court?
They can impose “reasonable” time, place, and manner restrictions on speech.
Which of the following best describes the Supreme Court’s view of political and ideological speech?
Political and ideological speech is at the core of the First Amendment.
Which of these types of speech restrictions has been successfully challenged as unconstitutional under the First Amendment?
“Free speech zone” policies.
How does the Supreme Court treat content-based restrictions on protected speech?
The Supreme Court applies “strict scrutiny”, upholding a content-based restriction only if it is necessary to promote a compelling interest and is the least restrictive means to further the articulated interest.
Which of the following best describes the key difference between pornography and obscenity as outlined by the Supreme Court in Miller v. California (1973)?
All obscenity is pornography but not all pornography is obscene.
According to the Supreme Court, which of the following is NOT a legitimate reason for content-based restrictions on protected speech?
Preventing the dissemination of lawfully obtained crime victim names in newspapers.
According to the Supreme Court, what types of speech can public colleges and universities legally regulate?
Speech that falls under the categories of unprotected speech, such as obscenity, incitement, fighting words, and certain types of illegal speech.
Which of the following does NOT accurately reflect the Supreme Court’s approach to First Amendment protections?
The First Amendment considers all types of speech to be equally protected.
