Constitutional Law Quiz II

Question 1

First Amendment protects

Answer 1

Religion
Speech
Press
Right to Assemble
Petition the government to redress grievances

Question 2

First Amendment was a reaction to

Answer 2

government censorship.

Question 3

Protects Speech

Answer 3

in form form of expression, how we express ideas and is beyond oral or written word

Question 4

Speech is

Answer 4

any communication or idea between groups/persons i.e.: art, music, theatre, dance or entertainment

Question 5

Freedom of speech was meant to

Answer 5

encourage public debate free of government interference. Allowed for a better informed electorate which allows for better democracy

Question 6

Content of speech

Answer 6

mainly involved with suppression of message. includes silence

Question 7

Conduct of speech

Answer 7

means by which speech is expressed. includes symbolic speech such as sit in. the medium is the message

Question 8

Question of conduct?

Answer 8

Does government need this law? is law unrelated to suppressing message?

Question 9

Message;

Answer 9

Content of speech

Question 10

Special analysis when content and conduct close / 2 prong test

Answer 10

1. is there a substantial govt interest in this?

2. is purpose of law separated from the speech?

Question 11

Exemptions to 1st Amendment Protection

Answer 11

obscenity
fighting words
threats
call to unlawful action

Question 12

Benefit to 1st amendment exemptions?

Answer 12

is far outweighed by society’s interest in promoting an ordered society

Question 13

3 prong test for test for obscenity

Answer 13

Muller Test 1973
1 appeals to prurient interest
2 material depicts hardcore sexual activity in patently offensive way
3 does it lack any scientific, educational, artistic, literary or social value

Question 14

Per se obscene

Answer 14

in and of itself, obscene i.e.: child porn

Question 15

fighting words

Answer 15

sole intent is to ridicule and likely provoke a physical response

Question 16

Threats

Answer 16

When a speaker communicates actual intent to cause harm. conveys actual intent

Question 17

Prima Facia

Answer 17

at first glance sufficient on its own

Question 18

Inciting illegal activity

Answer 18

if speech urges people to commit crimes, must be clear and present danger

Question 19

Partially protected speech

Answer 19

Vulgar

Commercial

Question 20

Offensive speech

Answer 20

cannot be regulated

Question 21

Commercial Speech

Answer 21

designed to promote interest in product vs. value. allows for truth in advertising laws

Question 22

Public forum

Answer 22

open to public at larger. no need for permission

Question 23

Non public forum

Answer 23

places where govt carries out official business (capital/courthouse)

Question 24

forum analysis

Answer 24

does govt have valid reason to restrict?
is restriction applied in fair manor?
does restriction leave open reasonable alternatives?

Question 25

Three Cases that shape law on vulgar speech

Answer 25

Cohen vs. CA
Bethel School vs. Fraser
Young vs. American Mini Theaters