Freedom of Speech & Assembly

Question 1

Under the clear and present danger test, speech may be sanctioned whenever it __________.

Answer 1

is directed to producing or inciting imminent lawless action and is likely to produce such action

Question 2

When a public official is suing for defamation, what is the minimum level of fault that the official must prove in order to prevail?

Answer 2

Actual Malice

Question 3

In First Amendment free speech cases, public property that __________ is called a public forum.

Answer 3

Historically has been open to speech-related activity

Question 4

Although certain acts can constitute speech protected by the First Amendment, __________ is not protected speech under the First Amendment.

Answer 4

Government placement of a permanent monument in a public park

Question 5

A time, place, and manner regulation of a limited public forum must be __________ neutral and __________to be valid.

Answer 5

content (viewpoint and subject matter neutral); rationally related to a legitimate government purpose

Question 6

The government interest that is least likely to be found sufficient to justify a prior restraint on speech is __________.

Answer 6

Preventing a grand jury witness from ever disclosing the testimony he gave the grand jury

Question 7

If a regulation of speech targets truthful advertisement concerning lawful activities, it must __________ to be valid.

Answer 7

Serve a substantial government interest, be narrowly tailored to serve that interest, and directly advance the interest

Question 8

A regulation of speech on a particular topic in a nonpublic forum may not limit the speech to one position, to the exclusion of other positions. This rule reflects the fact that such a regulation must be __________.

Answer 8

Viewpoint Neutral

Question 9

Under the First Amendment __________ is considered protected speech.

Answer 9

Commercial Speech

Question 10

A government decision to erect a permanent monument on public land is:

Answer 10

Not restricted by the First Amendment’s Free Speech Clause

Question 11

The minimum level of fault that a private individual must prove in order to prevail in a defamation action arising from a statement regarding a matter of public concern is __________.

Answer 11

Negligence

Question 12

What best reflects the procedural safeguards required by the Supreme Court in all prior restraint cases?

Answer 12

Narrowly drawn, reasonable, and definite standards; prompt action in seeking an injunction; and a prompt and final judicial determination of the validity of the restraint

Question 13

In regard to what constitutes obscenity for First Amendment purposes, to determine whether material __________, a national standard must be used.

Answer 13

Is lacking in serious social value

Question 14

Any regulatory system, injunction, or other action by the government that serves to stop speech from reaching the public is called __________.

Answer 14

Prior Restraint

Question 15

The requirement that, to be valid, government regulation of speech must be content neutral, be narrowly tailored to serve an important interest, and leave open alternative channels of communication applies to speech occurring in __________.

Answer 15

Public forums and designated public forums

Question 16

For purposes of a defamation action, a person can become a public figure __________.

Answer 16

Through pervasive involvement in the affairs of society.

Question 17

The press’s First Amendment rights generally are the _________ as the public’s First Amendment rights.

Answer 17

The Same

Question 18

Under the Free Speech Clause, an overbroad regulation:

Answer 18

Prohibits substantially more speech or speech-related conduct than is necessary to achieve a legitimate government interest

Question 19

A pretrial criminal proceeding may be closed to the press if the closure is __________ a higher value and the order is narrowly drawn.

Answer 19

Essential to preserve

Question 20

A statute or ordinance that burdens speech based on its content violates the First Amendment unless it is:

Answer 20

Necessary to serve a compelling state interest

Question 21

Whether material is designed for a clearly defined deviant sexual group is

Answer 21

not part of the definition of obscenity as set forth by the Supreme Court.

Question 22

to justify a limitation on symbolic conduct. The test employed is:

Answer 22

(i) The regulation is within the constitutional power of the government;(ii) It furthers an important governmental interest;(iii) The governmental interest is unrelated to suppression of speech; and(iv) The incidental burden on speech is no greater than necessary.

Question 23

A contemporary community standard may be used to determine whether the material __________; a national, reasonable person standard must be used to determine whether the material __________.

Answer 23

Appeals to the prurient interest in sex and portrays sex in a patently offensive way; lacks serious social value

Question 24

Under the Free Speech Clause, a regulation of speech on a particular topic in a nonpublic forum must be __________.

Answer 24

Viewpoint Neutral

Question 25

A content-neutral speech regulations will be upheld only if the regulation

Answer 25

(i) furthers important interests that are not related to the suppression of speech, and (ii) does not burden more speech than is necessary to advance such interests.

Question 26

For First Amendment purposes, the best description of a prior restraint is a court order or a government administrative system that __________.

Answer 26

Prevents speech from occurring

Question 27

What is part of the Supreme Court’s definition of obscenity?

Answer 27

The material portrays sex in a patently offensive way