Chapter 05: Freedom of Expression
True / False
1. Anonymous political expression played an important role in the early formation of the United States.
a.
True
b.
False
2. The Fifth Amendment protects American’s rights to freedom of religion and freedom of expression.
a.
True
b.
False
3. In general, the closer an Internet service provider (ISP) is to a pure service provider than to a content
provider, the more likely that the Section 230 immunity of the Communications Decency Act (CDA) will apply.
a.
True
b.
False
4. The Supreme Court has ruled that the Fifth Amendment protects the right to speak anonymously as part of
the guarantee of free speech.
a.
True
b.
False
Chapter 05: Freedom of Expression
5. An oral defamatory statement is libel.
a.
True
b.
False
6. With dynamic content filtering, each Web site’s content is evaluated immediately before it is displayed, using
techniques such as object analysis and image recognition.
a.
True
b.
False
7. Typically, Internet service providers (ISPs) have the resources to prescreen online content.
a.
True
b.
False
Chapter 05: Freedom of Expression
8. Anti-SLAPP laws can identify whether there are any merits to a lawsuit.
a.
True
b.
False
9. The goal of the Child Online Protection Act (COPA) was to protect children from harmful material on the
World Wide Web, however, it was ruled unconstitutional.
a.
True
b.
False
10. Over the years, a number of federal, state, and local laws have been found unconstitutional because they
violated one of the tenets of the First amendment.
a.
True
b.
False
11. With URL filtering, a particular URL or domain name is identified as an objectionable site and the user is
not allowed access to it.
a.
True
b.
False
Chapter 05: Freedom of Expression
12. Free-speech advocates believe that purchasing adult pornographic material is illegal and wrong even for
consenting adults.
a.
True
b.
False
13. The right to freedom of expression is restricted when the expressions, whether spoken or written, are untrue
and cause harm to another person.
a.
True
b.
False
14. A strategic lawsuit against public participation (SLAPP) is typically without merit.
a.
True
b.
False
Chapter 05: Freedom of Expression
15. The Children’s Internet Protection Act (CIPA) was an attempt to protect children from accessing
pornography and other explicit material online.
a.
True
b.
False
16. A U.S. citizen who posts material on the Web that is illegal in a foreign country cannot be prosecuted in that
country.
a.
True
b.
False
17. Internet filters cannot block users from accessing useful information.
a.
True
b.
False
18. Anonymity on the Internet is practically guaranteed.
a.
True
Chapter 05: Freedom of Expression
b.
False
19. Each violation of the provisions of the Controlling the Assault of Non-Solicited Pornography and Marketing
(CAN-SPAM) Act can result in a fine of up to $250 for each unsolicited email, and fines can be tripled in
certain cases.
a.
True
b.
False
20. Messages whose primary purpose is to communicate information about a specific transaction are subject to
the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act.
a.
True
b.
False
21. Private schools may prohibit students, instructors, and other employees from engaging in offensive speech.
a.
True
b.
False
Chapter 05: Freedom of Expression
22. The plaintiff in a strategic lawsuit against public participation (SLAPP) can present themselves to the court
admitting that their intent is to censor their critics.
a.
True
b.
False
23. Anti-SLAPP laws are designed to protect children from pornography.
a.
True
b.
False
24. Pornography purveyors are free to produce and publish whatever they want; however, if what they distribute
is judged obscene, they are subject to prosecution under the obscenity laws.
a.
True
b.
False
Chapter 05: Freedom of Expression
25. Most countries other than the United States do not provide constitutional protection for hate speech.
a.
True
b.
False
Multiple Choice
26. Which of the following is considered an absolute defense against a charge of defamation?
a.
Libel
b.
Slander
c.
The First Amendment
d.
Truth
27. Which of the following is the Supreme Court case that established a test to determine if material is obscene
and therefore not protected by the First Amendment?
a.
Miller v. Brown
b.
Miller v. California
c.
Miller v. Stern
d.
Miller v. Texas
Chapter 05: Freedom of Expression
28. Which of the following can provide a virtually untraceable level of anonymity to email messages?
a.
Relay servers
b.
Podcasts
c.
Web mail servers
d.
Remailers
29. A strategy employed by corporations, government officials, and others against citizens and community
groups who oppose them on matters of public interest is known as which of the following?
a.
A John Doe lawsuit
b.
A SLAPP
c.
Internet censorship
d.
Anonymous expression
30. Section 230 of which act provides immunity to an Internet service provider (ISP) that publishes user-
generated content, as long as its actions do not rise to the level of a content provider?
a.
Online Protection Act
b.
Online Privacy Protection Act
c.
Internet Freedom and Nondiscrimination Act
d.
Communications Decency Act
Chapter 05: Freedom of Expression
31. Proponents of the Children’s Internet Protection Act (CIPA) contended that shielding children from drugs,
hate, pornography, and other topics is a sufficient reason to justify which of the following?
a.
Internet filters
b.
spams
c.
compression
d.
encryption
32. Although people have the right to express opinions, they must exercise care in their Internet
communications to avoid possible charges of which of the following?
a.
Internet censorship
b.
doxing
c.
declamation
d.
defamation
33. Possession of child pornography is a federal offense punishable by up to how many years in prison?
a.
two
b.
five
c.
seven
d.
ten
Chapter 05: Freedom of Expression
34. The Supreme Court has held that obscene speech and which of the following are not protected by the First
Amendment and may be forbidden by the government?
a.
audition
b.
defamation
c.
declamation
d.
demarcation
35. A defining moment in the history of freedom of the press in the United States came in 1735 when jurors
refused to convict a man for seditious libel. Who was that man?
a.
George Washington
b.
Ben Franklin
c.
Paul Revere
d.
John Zenger
36. Which of the following statements best describes the reason why social networking companies cannot be
sued for defamation for user postings that appear on their sites?
a.
The Communications Decency Act (CDA) uses a vague definition of indecency.
b.
The Communications Decency Act (CDA) is not applicable to social networking sites.
c.
Section 230 of the Communications Decency Act (CDA) is not considered unconstitutional.
d.
Section 230 of the Communications Decency Act (CDA) does not provide immunity to an Internet
service provider (ISP).
Chapter 05: Freedom of Expression
37. Despite the importance of which of the following in early America, it took nearly 200 years for the Supreme
Court to render rulings that addressed it as an aspect of the Bill of Rights?
a.
privacy
b.
freedom
c.
anonymity
d.
rights
38. Which act became law in 1996 with the purpose of allowing freer competition among phone, cable, and TV
companies?
a.
Telecommunications Act
b.
Telecommunications Deregulation and Reform Act
c.
Child Online Protection Act
d.
Communications Opportunity, Promotion and Enhancement Bill
39. Which of the following can be used against an anonymous defendant to reveal truths about the defendant’s
identity?
a.
Internet censorship
b.
A John Doe lawsuit
c.
Hate speech
d.
An anti-SLAPP law
Chapter 05: Freedom of Expression
40. Which of the following statements is true of Communications Decency Act (CDA)?
a.
Title V of the CDA was the Telecommunications Act, aimed at protecting children from
pornography.
b.
The CDA imposed a $150,000 fine and a prison term of up to five years for the transmission of
“indecent” material over the Internet.
c.
The problem with the CDA was its broad language and vague definition of “indecency,” a standard
that was left to individual communities to determine.
d.
In June 2004, the ruling by the Supreme Court in the case of Ashcroft v. American Civil Liberties
Union made it clear that CDA was unconstitutional.
41. The California State Court in Pre-Paid Legal v. Sturtz et al. set a legal precedent that refined the criteria
courts apply to which of the following?
a.
subpoenas requesting the identity of anonymous Web posters
b.
determination of obscene material
c.
Internet filtering within public libraries
d.
identification of hate speech
42. Although they may implement a speech code, which of the following entities are legally considered agents
of the government and therefore must follow the First Amendment’s prohibition against speech restrictions
based on content or viewpoint?
a.
religious institutions
Chapter 05: Freedom of Expression
b.
public schools and universities
c.
Internet service providers
d.
communications providers
43. When a U.S. citizen engages in an activity protected by the U.S. Constitution, even if the activity violates
the criminal laws of another country, U.S. laws do not allow which of the following?
a.
the person to be imprisoned
b.
the person to be sued
c.
the person to be extradited
d.
the person to be judged
44. If an employee sees a coworker viewing porn on a workplace computer, that employee may be able to claim
that the company has:
a.
encouraged defamation of the character of its employees
b.
engaged in racial discrimination
c.
violated the employee’s First Amendment rights
d.
created a hostile work environment
45. Which of the following statements is true of Children’s Internet Protection Act (CIPA)?
Chapter 05: Freedom of Expression
a.
In case of CIPA, Congress specifically defined what content or Web sites should be forbidden and
the measures to be used.
b.
CIPA requires the tracking of Internet use by minors or adults.
c.
In June 2004, the Supreme Court ruling in the case of Ashcroft v. American Civil Liberties Union
made it clear that CIPA was unconstitutional.
d.
CIPA requires federally financed schools to use some form of technological protection to block
computer access to obscene material.
46. Which of the following terms is defined as the control or suppression of the publishing or accessing of
information on the Internet?
a.
Internet filtering
b.
Anonymous expression
c.
Internet censorship
d.
Slander
47. Violation of which of the following acts can cause a school or public library to lose funding to help pay for
its Internet connections?
a.
Child Online Protection Act (COPA)
b.
Children’s Internet Protection Act (CIPA)
c.
Children’s Online Privacy Protection Act (COPPA)
d.
Communications Decency Act (CDA)
48. In the United States, speech that is merely annoying, critical, demeaning, or offensive enjoys protection
under which Amendment?
a.
First
b.
Second
c.
Fourth
d.
Fifth
49. Software that can be installed with a Web browser to block access to certain Web sites that contain
inappropriate or offensive material is known as which of the following?
a.
Internet filter
b.
router
c.
bridge
d.
Web modem
50. Which country has the largest online population in the world and also perhaps the most rigorous Internet
censorship?
a.
United States
b.
India
c.
Japan
d.
China
Chapter 05: Freedom of Expression
51. A survey by the Nielsen found that what percentage of the workforce accessed pornography from their
workplace computer?
a.
less than 15 percent
b.
25 percent
c.
50 percent
d.
nearly 75 percent
52. Proponents of the Children’s Internet Protection Act (CIPA) argued that:
a.
schools can define what sites to block.
b.
Internet filters are highly flexible and customizable.
c.
the motives of private software companies who develop the Internet filters are clear.
d.
CIPA transfers power to education over private software companies who develop the Internet filters.
53. Which of the following allows people to state their opinions without revealing their identity?
a.
Defamation
b.
Anonymous expression
c.
Libel
d.
A John Doe lawsuit
Chapter 05: Freedom of Expression
54. Which of the following involves the examination of Internet records in an attempt to reveal the identity of
an anonymous poster?
a.
Remailing
b.
Doxing
c.
Slandering
d.
Libeling
55. An oral defamatory statement is called which of the following?
a.
libel
b.
hate speech
c.
slander
d.
exaggeration
Subjective Short Answer
56. How has the definition of freedom of speech evolved over time as the courts have ruled on First
Amendment cases?
Chapter 05: Freedom of Expression
57. Explain a John Doe lawsuit.
58. Discuss why U.S. organizations must be very careful when dealing with issues relating to pornography in
the workplace.
59. Why do some people believe that the Controlling the Assault of Non-Solicited Pornography and Marketing
(CAN-SPAM) Act has increased the amount of spam?
Chapter 05: Freedom of Expression
60. How can speech be considered obscene and not protected under the First Amendment?