First Amendment Speech and Press Freedoms in Theory and Reality MCQs

First Amendment Speech and Press Freedoms in Theory and Reality MCQs

Answer these 30+ First Amendment Speech and Press Freedoms in Theory and Reality MCQs and see how sharp is your knowledge of First Amendment Speech and Press Freedoms in Theory and Reality.
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1: Ad hoc balancing is making decisions according to the specific facts of the case under review rather than more general principles.

A.   True

B.   False

2: Define Categorical balancing :

A.   Legal reasoning that weighs different broad categories, such as political speech, against other interests.

B.   A government interest of the highest order, an interest the government is required to protect.

C.   Both a & b

D.   None of these

3: A government interest of the highest order, an interest the government is required to protect is known as ______ .

A.   Compelling interest

B.   Content based

C.   Defamation

D.   None of these

4: Content based used to describe government actions prompted by the ideas, subject matter or position of the message.

A.   True

B.   False

5: Content neutral term is used to describe ______ actions that incidentally and unintentionally affect speech .

A.   Private

B.   Government

C.   Both a & b

D.   None of these

6: A false communication that harms another’s reputation and subjects him or her to ridicule and scorn; incorporates both libel and slander is known as _______ .

A.   Compelling interest

B.   Content based

C.   Defamation

D.   None of these

7: Designated public forum government spaces or buildings that are available for _______ .

A.   Public use

B.   Private use

C.   Both a & b

D.   None of these

8: Statements in a court opinion that are not central or essential to its reasoning or holding is known as ______ .

A.   Compelling interest

B.   Content based

C.   Defamation

D.   Dicta

9: An interest of the government that is substantial or significant is known as ______ .

A.   Important government interest

B.   Important government interest

C.   Categorical balancing

D.   None of these

10: ______ is a court order prohibiting a person or organization from doing some specified act.

A.   Important government interest

B.   Important government interest

C.   Categorical balancing

D.   Injunction

11: A standard applied by the courts to review laws that implicate but do not directly regulate core constitutional values is known as _____ .

A.   Intermediate scrutiny

B.   Heightened review

C.   Both a & b

D.   None of these

A.   Important government interest

B.   Important government interest

C.   Categorical balancing

D.   Laws of general application

13: Which of the correct statements about Nonpublic forum ?

A.   Government-held property that is not available for public speech and assembly purposes.

B.   A three-part test used to determine whether a content-neutral law is constitutional.

C.   The perceived intent of the framers of the Constitution that guides some First Amendment application and interpretation.

D.   None of these

14: The O'Brien test is used to determine whether a content-neutral law is constitutional.

A.   True

B.   False

15: Original intent is the perceived intent of the framers of the Constitution that guides some First Amendment _______ .

A.   Application

B.   Interpretation

C.   Both a & b

D.   None of these

16: A policy that requires government approval before publication is known as ______ .

A.   Important government interest

B.   Prior restraint

C.   Categorical balancing

D.   Laws of general application

17: Public forum use by the public, usually for purposes of exercising rights of speech and assembly.

A.   True

B.   False

18: A motion often made in response to subpoenas for confidential information is known as ______ .

A.   Quash

B.   Public forum

C.   Seditious libel

D.   None of these

19: Rational review that assumes the constitutionality of reasonable legislative or administrative enactments and applies _______ to their review.

A.   Maximum scrutiny

B.   Minimum scrutiny

C.   Medium scrutiny

D.   None of these

20: Seditious libel communication meant to incite people to change the government; criticism of the government.

A.   True

B.   False

21: Strict scrutiny a court test for determining the constitutionality of laws aimed at speech content .

A.   True

B.   False

22: Symbolic expression action that warrants some First Amendment protection because its primary purpose is to express ideas.

A.   True

B.   False

A.   Time/place/manner laws

B.   Traditional public forum

C.   Symbolic expression

D.   None of these

24: A traditional public forum is ______.

A.   A public property that is held in trust for the public to use for assembly and communication

B.   Located on a private property but set aside for public use

C.   A place where public speech is strictly defined according to community standards

D.   Closed to nongovernment users to protect the core purpose of the property

25: Textualists believe that interpretation of the Constitution should be guided by ______.

A.   The intent of the framers

B.   Popular opinion as measured by voting patterns

C.   The Constitution’s own language

D.   Precedents in the federal appeals courts

26: The First Amendment ______.

A.   Was placed first by those framing the Bill of Rights because it is the most important

B.   Protects a range of rights

C.   Is called so because it was written originally as the preamble to the Constitution

D.   Is clear in its language, meaning, and application

27: Under the First Amendment, prior restraints by the government ______.

A.   Are the essence of a free society

B.   Counterbalance the tyranny of the majority

C.   Are a last resort of the most extreme nature

D.   Improve the diversity of speech by providing opportunities for disfavored speakers

28: Government regulations that target the content of speech because of government disfavor with the ideas expressed are called ______.

A.   Context-neutral and viewpoint neutral

B.   Time-neutral and material-neutral

C.   Time-based and material-based

D.   Viewpoint-based and content-based

29: The Supreme Court has ruled that the First Amendment ______.

A.   Applies to both state and federal legislatures

B.   Limits the power only of the U.S. Congress

C.   Limits the power only of state legislatures

D.   Prohibits all explicit sexual communication

30: When employing ad hoc balancing, judges make decisions based on ______.

A.   The particulars of the specific case facts

B.   Categories of speech

C.   General rules

D.   The judgments of independent experts

31: Considering the right to speak and the right to refrain from speaking, the Supreme Court has said that ______.

A.   These are incompatible concepts

B.   States may decide what is constitutional

C.   Married couples may speak as one family

D.   Both are related to individual freedom of min

32: The crime of sedition punishes ______.

A.   Government property destruction

B.   Speech that upsets vulnerable citizens

C.   Criticism of government

D.   False political advertising

33: In the 21st century, “the press” refers to ______.

A.   Newspapers

B.   Both traditional and new media

C.   Media envisioned by framers of the constitution

D.   Media licensed by the government

34: Laws that indirectly limit the freedom of speech while achieving other important government objectives are called content-neutral time, place, and manner restrictions.

A.   True

B.   False

35: Prior restraints on speech are presumptively unconstitutional.

A.   True

B.   False

36: In Near v. Minnesota, the Supreme Court ruled that prior restraint is justified to stop media criticism of government officials.

A.   True

B.   False

37: In New York Times Co. v. United States, the Supreme Court said that prior restraints could be constitutional when speech poses a clear and present danger to a government interest of the highest order.

A.   True

B.   False

38: A public (or government) facility that is sometimes available for public use that conforms with its primary purpose is called a designated public forum.

A.   True

B.   False