Kanovitz: Manual site for Constitutional Law, 13th Edition
Chapter 02: Freedom of Speech
Multiple Choice
1. Which of the following is not a protected form of speech?
a. wearing a Nazi uniform
b. refusing to recite the Pledge of Allegiance
c. inciting a riot
d. burning a cross at a KKK rally
2. In Texas v. Johnson the Court determined that a law prohibiting which of the
following acts was unconstitutional:
a. flag burning
b. dog fighting
c. burning a draft card
d. wearing a military uniform at a protest
3. According to the Miller Test includes all of the following criteria for determining
whether or not a work is obscene except for:
a. it appeals to the prurient interests of the average person
b. it offends most religious leaders
c. it depicts “hard–core” sexual acts; previously defined by applicable state law, in a
patently offensive way
d. it lacks any serious literary, artistic, political, scientific or other value
4. The Brandenburg Test applies to which of the following:
a. preventing imminent lawless action
b. stopping child pornography
c. restrictions on leafleting
d. all of the above
5. States can make laws making it a crime to assault people based on their:
a. race
b. creed
c. sexual orientation
d. all of the above
6. In which of the following cases did the Court break with the notion that vulgar speech
was either protected or it was not:
2-2
a. Bethel School District v. Fraser
b. Young v. American Mini Theaters, Inc.
c. Cox v. Louisiana
d. Hill v. Colorado
7. Commercial speech falls under ______ protection under the First Amendment:
a. fully protected
b. unprotected
c. limited protection
d. commercial speech is not regulated by the First Amendment
8. Which of the following would be considered a nonpublic forum:
a. a government office
b. a municipal auditorium
c. a sidewalk
d. a park
9. Which of the following is an acceptable way to control speech in a public forum?
a. ban door-to-door canvassing
b. require a thirty-day notice before holding an event in a park
c. ban the distribution of handbills
d. ban a noisy demonstration in front of a school while school is in session
10. There are three kinds of statutes that police should never use in a speech context, even
when the speaker’s language and conduct are not protected by the First Amendment.
Which of the following is NOT among them?
a. statutes authorizing arrests for “disturbing,” “annoying,” or “offensive” conduct
b. statues authorizing arrests for posing an imminent threat
c. statues authorizing arrests for loitering
d. statues authorizing arrest for refusal to obey a police officer’s order to move on
11. The FACE (Freedom of Access to Clinic Entrances) Act is constitutional because it
protects against:
a. excessive noise
b. litter
c. interference with ingress and egress to and from buildings and traffic
d. face-to-face solicitation
12. The First Amendment mentions several rights in addition to freedom of speech.
Among the rights mentioned is the right to:
2-3
a. privacy
b. bear arms
c. peaceably assemble
d. vote
13. Which of the following activities are regarded as “speech” for purposes of the First
Amendment?
a. begging
b. burning a cross at a Ku Klux Klan rally
c. refusing to pledge allegiance to the flag
d. all of them
14. During the Persian Gulf War, six anti-war demonstrators climbed up the fire escape
and onto the roof of an Armed Services Recruiting Station building where they
lowered the flag flying over the building and burned it. Their reason for doing this
was to protest the government’s involvement in the Persian Gulf War. They were
indicted and convicted for criminal trespass and malicious destruction of government
property. On appeal, they contended that their conviction violated their rights under
the First Amendment. The appeals court should:
a. set the conviction aside on the grounds that flag burning is constitutionally
protected symbolic speech.
b. set the conviction aside on the ground that the chosen location of the
demonstration is a public forum.
c. affirm the conviction under the O’Brien test because the government has a
substantial nonspeech interest in regulating trespassing on the roof of government
buildings and destroying government property.
d. affirm the conviction under the clear and present danger doctrine.
True/ False
1. The First Amendment has its roots in the Magna Charta.
a. True
b. False
2. In First Amendment cases, conduct is never separated from speech.
a. True
b. False
3. A search warrant is always needed to seize literary materials.
a. True
b. False
2-4
4. Police officers can purchase literary material as a means of gathering evidence for an
obscenity charge without first obtaining a warrant.
a. True
b. False
5. Child pornography is protected speech under the First Amendment.
a. True
b. False