Different Categories Trigger Distinct Treatment MCQs

Different Categories Trigger Distinct Treatment MCQs

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A.   Time/place/manner laws

B.   Traditional public forum

C.   Symbolic expression

D.   As applied

2: Chilling effect is the discouragement of a constitutional right, especially free speech, by any government practice

A.   True

B.   False

3: Which of the correct statements about Clear and present danger ?

A.   If they are necessary to prevent an extremely serious and imminent harm.

B.   Words not protected by the First Amendment because they are directed at an individual and cause immediate harm or trigger violent response.

C.   Both a & b

D.   None of these

4: Fighting words _______ by the First Amendment because they are directed at an individual and cause immediate harm or trigger violent response.

A.   Protect

B.   Safe

C.   Both a & b

D.   None of these

5: Hate speech includes name-calling and pointed criticism that demeans others on the basis of race, color, gender, ethnicity, religion, national.

A.   True

B.   False

6: Incorporation doctrine is the _______ concept that most of the Bill of Rights applies equally to the states.

A.   13th Amendment

B.   11th Amendment

C.   14th Amendment

D.   None of these

7: Generally, the failure to exercise reasonable or ordinary care is known as _______ .

A.   Negligence

B.   Proximate cause

C.   True threat

D.   None of these

A.   Negligence

B.   Proximate cause

C.   True threat

D.   None of these

9: True threat speech directed toward and _______ identified group with the intent of causing fear of harm .

A.   Individual

B.   Historically

C.   Both a & b possible

D.   None of these

10: A First Amendment doctrine that disfavors narrow laws that target a subset of a recognized category for discriminatory treatment is known as _______ .

A.   Negligence

B.   Proximate cause

C.   True threat

D.   Underinclusive

11: USA PATRIOT Act passed in ______.

A.   2001

B.   2002

C.   2003

D.   2004

A.   Time/place/manner laws

B.   Traditional public forum

C.   Symbolic expression

D.   Viewpoint-based discrimination

13: When a law is challenged as applied, courts judge the law’s constitutionality based on ______.

A.   The real effect of the law

B.   The language of the law

C.   The intent of the law

D.   The debate surrounding the law’s enactment

14: The U.S. Supreme Court struck down the anti-hate ordinance at issue in RAV v. City of St. Paul because the law was ______.

A.   Overly exclusive

B.   Too narrowly tailored

C.   Targeted to multiple groups

D.   Content-based

15: In Tinker v. Des Moines Independent Community School District, the Supreme Court ruled that public schools ______.

A.   May regulate non-disruptive student protest

B.   Must limit all speech in schools that might upset sensitive students

C.   May not regulate non-disruptive student protest

D.   Must provide a platform for all speech

16: The clear and present danger standard ______.

A.   Remains the standard used by courts to decide when speech may be punished

B.   protected more speech than the "bad tendency" test previously used by courts

C.   protected less speech than the "bad tendency" test previously used by courts

D.   Is the Court’s most stringent test of the First Amendment

17: Given the Supreme Court’s ruling in Elonis v. United States, true threats that are directed at an individual with the intent and likelihood of causing the listener to fear bodily harm are ______.

A.   A category of fully protected speech

B.   An ill-defined category of speech that may be punishable

C.   Not a category of speech used by the courts

D.   Protected as a form of hate speech

18: In Brandenburg v. Ohio, the Supreme Court said advocacy of violence is protected speech unless the speech ______.

A.   Takes place on private property and without the owner’s permission

B.   Makes a direct threat against any branch of the military

C.   Incites violence against the state or federal government

D.   Intends to incite violence and is likely to incite imminent violence

19: The concept that the Fourteenth Amendment extends the reach of the Bill of Rights to apply equally to state governments is called ______.

A.   The Gitlow Rule

B.   An incitement clause

C.   The incorporation

D.   The due process

20: Hate speech is ______.

A.   A legally defined category

B.   Unprotected by the Constitution, as ruled by the Supreme Court

C.   Not a legal term

D.   A form of obscenity as defined by the Supreme Court

21: When speech and action are intertwined in a symbolic act, such as flag burning, ______.

A.   The speech may be regulated using content-neutral laws

B.   The speech may be regulated using all the laws applicable to the action

C.   The courts do not recognize any First Amendment protection of the expressive element

D.   The action is protected under the First Amendment

22: Fighting words are words directed at an individual that inflict injury or tend immediately to disturb the peace.

A.   True

B.   False

23: The First Amendment’s protection of disruptive speech is stable regardless of political, economic, or social conditions.

A.   True

B.   False

24: Chilling effect is the name used to describe the tendency for unclear government regulations to discourage the exercise of constitutionally protected rights.

A.   True

B.   False

25: Public schools may regulate student expression when it is sponsored by the school or is likely to be understood to represent the school.

A.   True

B.   False

26: Laws that make viewpoint-based discriminations are reviewed under strict scrutiny and generally are unconstitutional.

A.   True

B.   False

27: A court applying the incitement test to determine if the producer of a video game was responsible for an injury caused by a game player will consider whether the game played was the proximate cause of the injury.

A.   True

B.   False