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160. Which of the following restrictions on commercial speech were held to be constitutional by the Supreme Court?
a. a Virginia law prohibiting advertising in Virginia papers about abortion services in other states when abortion
was illegal in Virginia
b. a Virginia law prohibiting the advertising of prices of prescription drugs
c. a Kentucky restriction prohibiting lawyers from sending letters to prospective clients, known to face legal
problems, soliciting their business
d. all of the other choices were constitutional
e. none of the other choices were constitutional
161. Bigelow v. Virginia involved the conviction of a Virginia newspaper editor who published ads about the availability
of abortions in New York City the Supreme Court held that:
a. speech that is related to legal products or services has value in the marketplace of ideas
b. speech that is not related to legal products or services has no value in the marketplace of ideas
c. speech that is malicious in nature has no place in the media
d. speech that is not malicious in nature may appear in any type of publication
e. speech that is related to legal products or services can be put in any print publication, but not on televised
programs
162. Commercial speech, such as an advertisement, may be regulated if it:
a. it involves prices of certain things like prescription drugs
b. it involves prices of regulated goods such as prescription drugs
c. it is not truthful
d. it is truthful
e. none of the other choices are correct
163. Commercial speech, in contrast to political speech, may be regulated if it:
a. it involves prices of certain things like prescription drugs
b. it involves prices of illegal goods
c. it is not truthful
d. it is truthful
e. none of the other choices are correct
164. In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council concerning a Virginia law
prohibiting the advertising of prices of prescription drugs the Supreme Court held that:
a. the law was unconstitutional
b. the law was constitutional
c. the law hindered interstate commerce
d. the law promoted interstate commerce
e. none of the other choices are correct
165. In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council concerning a Virginia law
prohibiting the advertising of prices of prescription drugs the Supreme Court held that:
a. the law was appropriate because people must be protected from their own ignorance
b. the law was constitutional
c. the law hindered interstate commerce
d. the law promoted interstate commerce
e. none of the other choices are correct
166. In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council concerning a Virginia law
prohibiting the advertising of prices of prescription drugs the Supreme Court held that:
a. people need open channels of communication to be well informed
b. people need to be protected from their own ignorance
c. people need to be protected from false advertising
d. people need to know the laws of advertising
e. none of the other choices are correct
167. In Central Hudson Gas & Electric Corp. v. Public Service Comm., the New York utility commission ruled that
electric utilities could not advertise to promote the use of electricity. The Supreme Court held that the:
a. First Amendment right of free speech, including commercial speech, had been violated
b. First Amendment right of free speech had not been violated because it does not protect commercial
advertising
c. First Amendment right of free speech had not been violated, not because commercial speech has no
protection, but because of public interest in energy conservation
d. state of New York cannot regulate public utilities without federal approval because of the commerce clause
e. none of the other choices
168. In Central Hudson Gas & Electric Corp. v. Public Service Comm., the New York utility commission ruled that
electric utilities could not advertise to promote the use of electricity. The Supreme Court held that the:
a. First Amendment right of free speech had been violated because there may be no limit on any speech on
commercial matters
b. First Amendment right of free speech had not been violated because it does not protect commercial
advertising
c. First Amendment right of free speech had not been violated, not because commercial speech has no
protection, but because of public interest in energy conservation
d. state of New York cannot regulate public utilities without federal approval because of the commerce clause
e. none of the other choices
169. In Central Hudson Gas & Electric Corp. v. Public Service Comm., the New York utility commission ruled that
electric utilities could not advertise to promote the use of electricity. The Supreme Court held that the regulation:
a. failed the "strict construction" test that applies to all First Amendment issues
b. failed the four-part analysis that applies to commercial speech restrictions
c. passed the four-part analysis that applies to commercial speech restrictions
d. passed the "strict construction" test that applies to all First Amendment issues
e. passed the test concerning impact on interstate commerce
170. In Central Hudson Gas & Electric Corp. v. Public Service Comm., the New York utility commission ruled that
electric utilities could not advertise to promote the use of electricity. The Supreme Court announced a test of the
constitutionality of such restrictions on commercial speech. Which of the following is not a part of that test:
a. does the regulation directly advance a government interest
b. is the speech about a lawful matter
c. is there a substantial government interest in the matter
d. is the regulation no more extensive than necessary to serve the government interest
e. all of the other choices are part of the test
171. In Central Hudson Gas & Electric Corp. v. Public Service Comm., the New York utility commission ruled that
electric utilities could not advertise to promote the use of electricity. The Supreme Court announced a test of the
constitutionality of such restrictions on commercial speech. Which of the following is not a part of that test:
a. does the regulation directly advance a government interest
b. is the speech about a lawful matter
c. is the speech by a for-profit organization
d. is the regulation no more extensive than necessary to serve the government interest
e. all of the other choices are part of the test
172. In Central Hudson Gas & Electric Corp. v. Public Service Comm., the New York utility commission ruled that
electric utilities could not advertise to promote the use of electricity. The Supreme Court held that the:
a. the State interest in conserving energy was substantial, but a complete suppression of speech was more
extensive than necessary to further the energy conservation goals
b. the State interest in conserving energy was not substantial and a complete suppression of speech was more
extensive than necessary to further the energy conservation goals
c. the State interest in conserving energy was substantial and a complete suppression of speech was necessary
to further the energy conservation goals
d. the State interest in saving money was substantial, but a complete suppression of speech was more extensive
than necessary to further the energy conservation goals
e. none of the other choices are correct
173. Which of the following restrictions on commercial speech would you expect to be held to be constitutional under the
Central Hudson Gas & Electric test?
a. a law prohibiting ads about gambling in Nevada in a state where gambling is illegal
b. Federal Trade Commission rules restricting misleading advertising
c. a state law prohibiting CPAs from sending letters to prospective clients soliciting their business
d. a law prohibiting the advertising of prices of prescription drugs
e. none of the other choices would be constitutional
174. Restrictions on advertising for professional services are:
a. a violation of First Amendment rights
b. constitutional due to the First Amendment
c. immoral
d. a violation of Second Amendment rights
e. a violation of the Fourth Amendment
175. Restrictions on advertising for professional services are:
a. a violation of Fourth Amendment rights
b. constitutional due to the First Amendment
c. immoral
d. a violation of Second Amendment rights
e. none of the other choices are correct
176. A restriction on advertising for a doctor's services is an example of:
a. a violation of a Fifth Amendment right
b. a violation of a First Amendment right
c. a constitutional privilege
d. a legal restriction on medical professionals
e. none of the other choices are correct
177. A restriction on advertising for a lawyer's services is an example of:
a. a violation of a Fifth Amendment right
b. a violation of a First Amendment right
c. a constitutional privilege
d. a judicial restriction on legal professionals
e. none of the other choices are correct
178. In Shapero v. Kentucky Bar Association the state bar association prohibited lawyers from soliciting business by
sending truthful letters to prospective clients known to face possible legal action. The Supreme Court held that:
a. the state bar association could, under special circumstances, restrict First Amendment rights
b. the state bar association did not violate the First Amendment
c. the state bar association violated the First Amendment
d. the state bar association was engaged in illegal activities
e. none of the other choices are correct
179. In the case Board of Trustees of the State University of New York v. Fox, the Supreme Court discussed the test
for judging commercial-speech regulation. Part of the test is:
a. if the regulation has a "pernicious impact" on speech
b. based on an inquiry into the intent of the U.S. Congress
c. if the state has a substantial interest in the regulation balanced by the cost of the restriction
d. balancing First Amendment rights against the overarching requirements of the Commerce Clause
e. none of the other choices
180. In the case Board of Trustees of the State University of New York v. Fox, the Supreme Court discussed the test
for judging commercial-speech regulation. The standard for judging commercial speech regulation is:
a. "not necessarily perfect and unreasonable"
b. "imperfect and unnecessary"
c. "perfect and necessary"
d. "not necessarily perfect but reasonable"
e. "never perfect, but reasonable"
181. In Bose Corp. v. Consumers Union, concerning a magazine article critical of Bose speakers, the Supreme Court
held that:
a. Consumers Union was prohibited by the First Amendment from criticizing a legal products
b. there was "actual malice" in the article published in Consumer Reports that criticized a Bose product, hence
there was no First Amendment protection of the speech
c. the First Amendment allows criticism of business as long as there is no actual malice
d. the First Amendment allows criticism of business in general, but the names of specific companies may not be
mentioned
e. none of the other choices
182. In Bose Corp. v. Consumers Union, concerning a magazine article critical of Bose speakers, the Supreme Court
held that:
a. Consumers Union was prohibited by the First Amendment from criticizing a legal products
b. there was "actual malice" in the article published in Consumer Reports that criticized a Bose product, hence
there was no First Amendment protection of the speech
c. since the criticism was shown to be true, Bose had to pay Consumers Union damages
d. the First Amendment allows criticism of business in general, but the names of specific companies may not be
mentioned
e. none of the other choices
183. Regulation of commercial speech must be:
a. "narrowly tailored to prevent monopolies"
b. "narrowly tailored to achieve the desired objective"
c. "narrowly tailored to make the corporation money"
d. "broadly tailored to achieve the desired objective"
e. none of the other choices are correct
184. The British constitution has two central principles which are:
a. the rule of law and the supremacy of Parliament
b. the rule of law and the supremacy of Congress
c. the rule of law and the supremacy of the Court
d. the supremacy of Parliament and the supremacy of the Court
e. none of the other choices
185. The rule of law and the supremacy of Parliament are:
a. two central principles of the British constitution
b. two central principles of the U.S. Constitution
c. the foundation of the Chinese constitution
d. the foundation of the New Zealand Constitution
e. none of the other choices are correct
186. Which of the following is a key part of the British constitution:
a. the Magna Carta
b. the Bill of Rights 1689
c. the Act of Settlement 1701
d. the Act of Union 1707
e. all of the other choices are key parts of the British constitution
187. Which of the following is a key part of the British constitution:
a. the First Amendment
b. the American Bill of Rights
c. the Act of Settlement 1701
d. all of the other choices are key parts of the British constitution
e. none of the other choices are correct
188. Which of the following is a key part of the British constitution:
a. the First Amendment
b. the American Bill of Rights
c. the Magna Carta
d. all of the other choices are key parts of the British constitution
e. none of the other choices are correct
189. Which of the following is a key part of the British constitution:
a. the First Amendment
b. the American Bill of Rights
c. the Bill of Rights 1689
d. all of the other choices are key parts of the British constitution
e. none of the other choices are correct
190. Which of the following is a key part of the British constitution:
a. the First Amendment
b. the American Bill of Rights
c. the Act of Union 1707
d. all of the other choices are key parts of the British constitution
e. none of the other choices are correct
191. Despite the broad scope of the First Amendment right of freedom of speech, newspapers are not free to print:
a. truthful stories that harm a person's reputation
b. truthful stories that harm a business' reputation
c. stories of questionable truthfulness that cause no harm
d. statements it knows are false that defame someone
e. print any stories degrading elected federal officials
192. Despite the broad scope of the First Amendment right of freedom of speech, newspapers are not free to print:
a. truthful stories that harm a person's reputation
b. truthful stories that harm a business' reputation
c. stories of questionable truthfulness that cause no harm
d. print any stories degrading elected federal officials
e. none of the other choices are correct
193. "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear
Arms, shall not be infringed" is the:
a. First Amendment of the U.S. Constitution
b. Second Amendment of the U.S. Constitution
c. Third Amendment of the U.S. Constitution
d. Fourth Amendment of the U.S. Constitution
e. Fifth Amendment of the U.S. Constitution
194. "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear
Arms, shall not be infringed" is the:
a. First Amendment of the U.S. Constitution
b. Sixth Amendment of the U.S. Constitution
c. Third Amendment of the U.S. Constitution
d. Fifth Amendment of the U.S. Constitution
e. none of the other choices are correct
195. The Second Amendment of the U.S. Constitution protects:
a. the right to bear arms
b. freedom of speech
c. the right to marry anyone
d. freedom of the press
e. none of the other choices are correct
196. The Second Amendment of the U.S. Constitution protects:
a. the right to publish defamatory information
b. freedom of speech
c. the right to marry anyone
d. freedom of the press
e. none of the other choices are correct
197. Government restriction on gun ownership and possession:
a. is not a well settled area of the law
b. is a well settled area of the law
c. is unconstitutional
d. is constitutional
e. none of the other choices are correct
198. The Fourth Amendment of the Constitution:
a. protects individuals from unreasonable search and seizure
b. protects businesses from unreasonable search and seizure
c. protects the right of citizens to bear arms
d. a and b
e. a, b and c
199. "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches
and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause...." is the:
a. First Amendment of the Constitution
b. Fourth Amendment of the Constitution
c. Third Amendment of the Constitution
d. Fifth Amendment of the Constitution
e. Sixth Amendment of the Constitution
200. "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches
and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause...." is the:
a. First Amendment of the Constitution
b. Sixth Amendment of the Constitution
c. Third Amendment of the Constitution
d. Fifth Amendment of the Constitution
e. none of the other choices are correct
201. Which of the following is a key issue in Fourth Amendment cases:
a. whether proper search and seizure procedures were used by government authorities
b. whether the defendant had an illegal firearm
c. whether the principles of frees speech were violated
d. whether self-defense was warranted under the circumstances
e. none of the other choices are correct
202. Which of the following is a key issue in Fourth Amendment cases:
a. whether a person has a constitutionally protected reasonable expectation of privacy
b. whether the defendant had an illegal firearm
c. whether the principles of frees speech were violated
d. whether self-defense was warranted under the circumstances
e. none of the other choices are correct
203. Which of the following is a key issue in Fourth Amendment cases:
a. whether a person is over 18
b. whether the defendant had an illegal firearm
c. whether the principles of frees speech were violated
d. whether self-defense was warranted under the circumstances
e. none of the other choices are correct
204. The Supreme Court held that warrantless searches are generally unreasonable in commercial as well a private
settings, except for "closely regulated" businesses in:
a. New York v. Morriss
b. Marshall v. Barlow's
c. Dolan v. Tigard
d. First Evangelical Lutheran
e. Mulroney v. Hagar
205. In Marshall v. Barlow's, where the Occupational Safety and Health Administration asked the Supreme Court to
require businesses to admit inspectors to conduct warrantless searches, the Supreme Court held that:
a. warrantless searches are generally unreasonable and that this rule applies to commercial premises as well as
homes
b. warrantless searches are never unreasonable and that this rule applies to commercial premises as well as
homes
c. warrantless searches are generally unreasonable, but that this rule does not apply to commercial premises
d. warrantless searches are always unreasonable, but that this rule does not apply to homes
e. none of the other choices are correct
206. In New York v. Burger, a junkyard owner claimed that a New York statute permitting warrantless searches of
junkyards was a violation of the 4th Amendment. The Supreme Court held that the statute was:
a. constitutional because it met the criteria necessary for a warrantless search of a closely regulated business
b. constitutional because to hold otherwise would leave the Commerce Clause meaningless when regulation is
"clearly necessary"
c. an unconstitutional violation of the Fourth Amendment since the police failed to obtain judicial approval for
the searches
d. an unconstitutional violation of the exclusionary rule
e. unconstitutional because it was applied in a discriminatory manner
207. In New York v. Burger, a junkyard owner claimed that a New York statute permitting warrantless searches of
junkyards was a violation of the 4th Amendment. The Supreme Court held that the statute was:
a. constitutional because to hold otherwise would leave the Commerce Clause meaningless when regulation is
"clearly necessary"
b. constitutional because it met the criteria necessary for a warrantless search of a closely regulated business
c. an unconstitutional violation of the Fourth Amendment since the police failed to obtain judicial approval for
the searches
d. an unconstitutional violation of the exclusionary rule
e. none of the other choices
208. In New York v. Burger, a junkyard owner claimed that a New York statute permitting warrantless searches of
junkyards was a violation of the 4th Amendment. The Supreme Court held that the statute was:
a. constitutional because the Fourth Amendment applies only to real persons, not businesses
b. constitutional because to hold otherwise would leave the Commerce Clause meaningless when regulation is
"clearly necessary"
c. unconstitutional because it was applied in a discriminatory manner
d. an unconstitutional violation of the exclusionary rule
e. none of the other choices
209. Warrentless searches:
a. are not allowed under any circumstances
b. are allowed for "closely regulated" businesses
c. are allowed for foreign businesses
d. are allowed in New York City
e. are allowed in Washington, D.C.
210. Auto junkyards, which can become chop shops for stolen vehicles and parts, are an example of:
a. a closely regulated business that can be searched without a warrant
b. a business that may not be searched without a warrant
c. a closely regulated business that may not be searched without a warrant
d. a wholesale business
e. none of the other choices
