Freedom of Speech Quiz Flashcards
examples & explanations
Can the government require school children to recite the pledge of allegiance to the flag or a football player to stand during the national anthem? Why?
No, they have the First Amendment right behind them allowing them to freely express themselves.
At a public demonstration against the war in Iraq, a war protested burns the American Flag. Are laws related to desecration of the flag constitutional or is his action protected by the First Amendment as an expression of freedom of speech?
It is, although in governmental agencies, it’s not prohibited to do in a professional sense.
The Ku Klux Klan holds a private rally on a farm in the mountains of North Carolina. The meeting is under surveillance by the local Sheriff’s Office. The KKK burns a cross at the rally. The leader is arrested for burning a cross with intent to intimidate. Was burning the cross protected speech or was it a violation of the cross burning statute?
Since it’s private property and no one to intimidate, it’s protected speech
A man speaks to the local American Legion and tells the crowd that he was a highly decorated member of the Navy including being a Navy Seal. Actually, the man never served in the Navy and was lying about his military background. He is charged with Stolen Valor, a Federal statute that says it is against the law to claim that you were in the military when you were not or wear the uniform of the military when you have not been in the military. Is that law constitutional or was this man’s speech protected under the First Amendment?
No, his speech is not protected since it regards significant military claims as stated by the Act.
The Westboro Baptist Church decides to picket the funerals of the college students who were killed at Umqua Community College in Oregon. While at the funeral they hold up signs stating that “God hates fags” and “All soldiers should die.” Is their action protected speech?
Although, it’s a private funeral arrangement so it’s permitted to do such things.
The citizens of Ferguson are mad at the police because they feel the police are unfair and racially profile African Americans. They decide to march thru the streets in a show of solidarity. During the march they chant “All pigs should die” and “Kill ‘em before they Kill you.” Are their words protected speech? Why?
Yes, their words are protected speech. Under the First Amendment of the United States Constitution, citizens have the right to express their opinions, even if those opinions are offensive or hateful.
At the scene of a protest a small group of protesters have begun to break glass window in the store fronts as well as attack police vehicle. Law enforcement issues an order for the protesters to disperse. One protester stands up and orders his groups to rush the line of officers. The protesters are armed with rocks and bottles. The leader of the group tells the officers if they don’t stand down that the protesters will “make them bleed for all the red blood they have shed as the black man.” His followers charge the officers and fight. Can the leader be charged with Inciting a Riot and Communicating a Threat or is it protected speech? Why?
The leader can be charged with inciting a riot and communicating a threat. His speech directly encouraged the violent actions of his followers, and his statement about making the officers “bleed” constitutes a specific threat of harm. This is not protected speech because it incited imminent lawless action.
A young man is leaving a bar and is stopped by law enforcement before he gets to his car. When the officer’s question the man he says “Fuck you pigs. I don’t have to talk to you.” He is arrested for disorderly conduct. Is his speech protected?
Yes, his speech is protected. The First Amendment protects freedom of speech, including insulting speech directed at law enforcement.
A blogger was mad that the 4th Circuit Court upheld a law restricting the purchase of firearms before the waiting period for the background check had expired. He posted on his blog that the Judges should “bleed so as to replenish the tree of liberty.” He then posted the judges pictures, their addresses, phone numbers, and other private information and urged his followers to “take action.” Is his speech protected?
No, his speech is not protected. While the First Amendment protects freedom of speech, it does not protect threats of violence or incitement to violence. His post, which included the judges’ personal information and a call to “take action,” could be considered a threat or incitement to harm and thus is not protected by the Constitution.
Michael Brown’s stepfather and mother are in the crowd at the Ferguson demonstration waiting for the results of the state’s attorney’s investigation into Darrell Wilson, the officer who shot Michael Brown. The loud speaker announces that the shooting was justified and that Officer Wilson has been cleared. This enrages the stepfather who begins to yell “Burn her down. Burn this bitch down. Burn it down.” Later, the demonstration turns into a riot and stores are set on fire. At least four stores are burned down. Is the step father’s speech protected? Explain your answer.
No, the stepfather’s speech is not protected. While the First Amendment protects freedom of speech, it does not protect incitement to violence. His words directly encouraged the destruction of property and the potential harm of others, which constitutes incitement.
A man has a dispute with his neighbor over the property line. He tells the neighbor that if he comes on his property that “bad things are going to happen.” He then puts a sign on his property facing his neighbor’s house “All trespassers will be shot. This is your final warning.” Is the man’s speech and sign protected or can he be charged with communicating a threat? Justify your answer by telling me what it takes to show that the words or expression are a “true threat.”
It’s likely that the First Amendment protects the man’s speech and sign. While threatening language can be restricted, it typically requires a showing that the threat is imminent and specific. Simply stating that “bad things will happen” or putting up a warning sign does not necessarily constitute a credible threat that would meet this standard.
Is obscenity protected speech?
It is not protected speech
Explain what constitutes “fighting words?”
“Fighting words” are speech that may incite immediate violence. Words that insult or threaten are considered a breach of peace.
What constitutes a “true threat?”
A “true threat” is a serious statement that expresses a person’s intent to cause harm to another individual or group. It must be specific, immediate, and credible enough to make a reasonable person believe it is a real danger.
What is NOT protected as free speech?
Speech urging immediate illegal action is not protected by the First Amendment. You cannot encourage others to commit crimes immediately. True threats that cause reasonable fear are also unprotected.
