Chapter 2 Quiz

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The controlling test for when speech advocating violence or other unlawful actions can be made a crime was established in:

Virginia v. Black

Watts v. United States

Grace v. United States

Brandenburg v. Ohio

None

Legislatures can, notwithstanding the First Amendment, make it a crime to kill a person out of hatred toward them based on their race, religion, ethnicity, or sexual orientation.

TRUE

FALSE

None

Legislatures can prohibit the sale to minors of materials that depict extreme acts of violence that would be protected by the First Amendment if sold to an adult.

TRUE

FALSE

None

Post offices are an example of a public forum by designation.

TRUE

FALSE

None

Students in public schools do not have the same First Amendment rights as adults when it comes to using vulgar language.

TRUE

FALSE

None

Materials can be outlawed as child pornography only if they lack serious scientific, social, literary, or other value.

TRUE

FALSE

None

Police officers can purchase literary material as a means of gathering evidence for an obscenity charge without first obtaining a warrant.

TRUE

FALSE

None

A search warrant is always needed to seize literary materials.

TRUE

FALSE

None

The origins of the First Amendment are found in the Magna Carta, which includes explicit guarantees of the right to the freedom of speech and religious exercise.

TRUE

FALSE

None

10.

Which of the following statutes is constitutional under the First Amendment?

a statute that prohibits false statement about having received military honors

a statute that prohibits the creation and sale of videos that depict the torture and killing of live animals

a statute that makes it illegal to stand on a public street or sidewalk within 35 feet of the entrance to a funeral home and engage in conduct likely to cause extreme emotional distress to the family of the deceased

none of the above

None

11.

The First Amendment mentions several rights in addition to freedom of speech, including the right to:

privacy

bear arms

trial by jury

petition Congress for a redress of grievances

None

12.

The controlling test for when laws that prohibit conduct can be enforced against people engaged in speech was established in:

Texas v. Johnson

United States v. O’Brien

Miller v. United States

Chaplinsky v. New Hampshire

None

13.

The City of Springfield recently enacted four ordinances, three of which violate the First Amendment. Which one is constitutional?

an ordinance making it illegal to address abusive or insulting language to a police officer engaged in the performance of his/her duty

an ordinance making it illegal to beg for money on a public street

an ordinance making it illegal to block the public passage

an ordinance that makes it illegal to display a swastika within 100 feet of a synagogue

None

14.

All of the following are examples of nonpublic forums EXCEPT a(n):

library

municipal auditorium

police station

office building

None

15.

To constitute a true threat, for First Amendment purposes:

the statement must contain a serious expression of intent to commit an unlawful act of violence

the speaker must intend to take action on his or her statement

the action must be imminent

all of the above

None

16.

All of the following measures violate the First Amendment EXCEPT:

an ordinance outlawing the posting of yard signs in residential neighborhoods

an ordinance requiring a permit to distribute leaflets

an ordinance prohibiting use of sound amplification equipment in residential areas after dark

an ordinance requiring 30 days advance notice to hold a public meeting in a park

None

17.

The First Amendment does NOT protect:

statements calculated to arouse anger, resentment, or hatred in others based on race, religion, or sexual orientation

visual depictions of real children engaged in sexually explicit conduct

panhandling

all of the above

None

18.

Several categories of speech lack First Amendment protection. They include:

statements that are knowingly false

profanity

hate speech

none of the above

None

19.

Which of the following is an example of constitutionally protected symbolic speech?

forming a human barricade to block entrance to an abortion clinic

wearing a hooded white robe at a Ku Klux Klan rally

burning a flag flying over a post office

none of the above

None

20.

To be excluded from First Amendment protection under the “fighting words” exception, the words must be:

personally abusive or insulting

spoken in a face-to-face encounter

uttered under circumstances inherently likely to provoke the listener to respond with violence

all of the above

None

Time’s up