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True / False
1. Freedom of speech is an absolute right.
a. True
b. False
2. “Fightingwords”areprotectedspeechundertheFirstAmendment.
a. True
b. False
3. Local, state, or federal governments in the United States cannot forbid or suppress speech and punish the speaker
unless the speech is likely to bring harm to people or property.
a. True
b. False
4. According to the U.S. Supreme Court, it is the duty of law enforcement to define obscenity.
a. True
b. False
5. Violationsofrestrainingordersarenot“truethreats”.
a. True
b. False
6. The offense of inciting another to commit a crime is not completed until the other person performs the unlawful act.
a. True
b. False
7. Cyber stalking, or using the Internet to stalk or harass a person, is a variation on the usual physical acts in stalking.
a. True
b. False
8. The Supreme Court has stated that the right to bear arms is a “fundamentalright”madebindingonstatesbythe
Due Process clause.
a. True
b. False
9. Anemailthreatagainstallfemaleswillconstitutea“truethreat.”
a. True
b. False
10. Apersoncanstalkanotherbyphysicallyintrudingintotheotherperson’slife.
a. True
b. False
Multiple Choice
11. One test for when government can ban speech because of its potential for harm is the
a. clear and present danger test
b. obvious and current harm test
c. contingent and imminent injury test
d. overt and contemporary peril test
12. Which of the following are forms of speech that are NOT protected by the First Amendment?
a. political speech
b. commercial communications
c. fighting words
d. advertising
13. The fighting words exception to First Amendment protection generally requires
a. the use of obscenity
b. face-to-face confrontation
c. a defamatory message
d. vulgar language
14. Symbolic speech such as uniforms, religious garb, black armbands, and hand gestures express messages and
ideas and are protected by the
a. First Amendment
b. Second Amendment
c. Third Amendment
d. Fourth Amendment
15. A statute forbidding persons not in custody from making false statements to law enforcement officers, even if not
under oath, would
a. not violate the First Amendment
b. violate the First Amendment
c. violate the privilege against self-incrimination
d. violate due process
16. Patently offensive sexual material which is not protected by the First Amendment would be
a. pornography
b. obscenity
c. profanity
d. blasphemy
17. In determining whether something is obscene, the court will view the material from the point of view of
a. expert witnesses
b. a reasonable police officer
c. the average person applying community standards
d. a person well acquainted with art and literature
18. Public use of vulgar, profane, or indecent language or signs
a. is generally protected speech
b. is never protected by the First Amendment
c. violates the First Amendment only if it is offensive to the general public
d. is automatically considered a breach of the peace
19. The offense of inciting occurs
a. if the person incited actually commits the crime
b. if the person inciting participates in the criminal act
c. even if the unlawful act is never actually committed
d. if the inciting words are expressed in a loud and forceful voice
20. The crime of inciting occurs when speech or communication urges
a. violent lawless action
b. imminent lawless action
c. obscene lawless action
d. felonious lawless action
21. The two forms of defamation are
a. past and imminent
b. libel and slander
c. latent and patent
d. dangerous and offensive
22. What is the name given to speech which injures the character or reputation of another by written communication?
a. slander
b. libel
c. extortion
d. false publication
23. Defamation is the communication of false statements that
a. cause another to commit a breach of the peace
b. pose a clear and present danger
c. are patently offensive
d. damage the reputation of another
24. WhichofthefollowinghasNOTbeenconsideredtobea“truethreat”?
a. threats against public officials
b. threats by schoolchildren against teachers or other students
c. terrorist threats
d. support of extreme political beliefs
25. Which of the following is not a way one person might stalk another person?
a. spying on the victim
b. following the victim
c. e-mailing the victim
d. reading a Facebook page
26. In District of Columbia v. Heller, 128 S.Ct. 2783 the U.S. Supreme Court held that the Second Amendment
was a
a. private right
b. state right
c. federal right
d. government right
27. Speech that, because it will likely incite immediate violence, is not protected by the First Amendment is known as
a. fighting words
b. obscenity
c. rude language
d. incitement
28. The test used to judge government restrictions on speech is called the
a. clear and present danger test
b. libel and slander test
c. stalking test
d. violence test
29. Using the U.S. mail or e-mail to convey a threat of violence is
a. a form of pure speech
b. a form of symbolic speech
c. considered fighting words
d. a violation of federal law
30. When a city or state restricts conduct in public places
a. it must have proof that the conduct is or will be harmful
b. the public place must attract large numbers of people
c. the restrictions must not be aimed at speech
d. it must show it has a significant interest in placing restrictions and they must be no greater than necessary
31. Which of the following is NOT one of the guidelines for American courts to define obscenity established in the
1973 case of Miller v. California?
a. Whether“theaveragepersonapplyingcontemporarycommunitystandards”wouldfindthatthework,
taken as a whole, appeals to the prurient interest.
b. Whether the work or communication depicts or describes, in a patently offensive way, sexual conduct
specifically defined by the applicable state law.
c. Whether the work or communication, taken as a whole, lacks serious literary, artistic, political, or scientific
value.
d. all of these are guidelines established to define obscenity in the 1973 case of Miller v. California
32. A person who lies to federal investigators can be charged under the
a. Federal Fraudulent Claim Act
b. Federal Obstruction of Investigation Act
c. Federal Perjury Act
d. Federal False Statement Act
33. The offense of urging another to commit an unlawful act is
a. inciting
b. libel
c. slander
d. stalking
34. The crime of unlawful assembly
a. prohibits the assembly of people for an unlawful purpose or under circumstances that endanger the public
peace
b. prohibits political demonstrations without a permit
c. allows the government to limit First Amendment speech
d. was a common crime that most jurisdictions no longer recognize
35. Stalking is a crime
a. if the stalker actually harms the victim
b. if the stalker attempts to harm the victim
c. even if the stalker does not attempt to harm the victim
d. if the victim can identify the stalker
36. The Second Amendment refers to whose right to keep and bear arms?
a. the states
b. the militias
c. the people
d. the National Guard
37. A state or federal gun control law is likely to
a. violate the Second Amendment
b. be supported by the NRA
c. struck down by the federal court
d. be upheld
38. According to the U.S. Supreme Court, the following is not protected by the First Amendment freedom of religion
clause EXCEPT:
a. worship
b. violation of child labor laws
c. polygamy
d. handling dangerous animals in a religious ceremony
39. The offense of injuring the character or reputation of another by oral or written communication of false statements
is
a. defamation
b. libel
c. slander
d. stalking
40. The First Amendment protects the freedom of religion, speech, free assembly, the press, and
a. petitioning Government for redress of grievances
b. suing Government for redress of grievances
c. libeling Government for redress of grievances
d. slandering Government for redress of grievances
41. Loud, obnoxious or otherwise offensive conduct in a public place is called
a. political speech
b. disorderly conduct
c. fighting words
d. advertising
42. Speech that is likely to incite immediate violence is called
a. political speech
b. disorderly conduct
c. fighting words
d. advertising
43. Which of the following type of speech when directed to a police officer is protected by the First Amendment?
a. threats
b. speech connected to disorderly conduct
c. fighting words
d. vulgar gestures
44. Insulting or abusive language is an example of what type of speech?
a. threatening speech
b. obscene speech
c. fighting words
d. vulgar speech
45. Flag and cross burning is an example of what type of speech?
a. unpatriotic
b. slander
c. symbolic
d. hate
46. Nonverbal expressions that convey a belief or idea is the definition of what type of speech?
a. libel
b. slander
c. symbolic
d. hate
47. A serious expression of the intent to inflict bodily harm is the definition of
a. hate speech
b. threats of violence
c. terrorist threats
d. true threat
48. Statements or actions that unequivocally convey the message that violent actions will be taken is the definition of
a. hate speech
b. threats of violence
c. terrorist threats
d. true threat
49. City governments can regulate all of the following types of noise or speech except
a. disagreeable noises
b. nuisance speech
c. loud and raucous noise
d. public nuisances
50. The explicit right to privacy may be found in the Constitution's
a. First Amendment
b. Fourth Amendment
c. Second Amendment
d. None of these choices
Mike is the local political agitator and has been on his soap box to denounce the local mayor of the city where he
lives. He claims the mayor has stolen from the city treasury and calls on all citizens to march on city hall. During
his speech, Mike burns in effigy a likeness of the mayor. Mike was arrested by city police and charged with inciting
a riot and slander, as well as making threats against a public official.
51. Mike disputes the charges one by one, claiming the burning of the mayor's likeness is protected ____ speech.
a. unpatriotic
b. slander
c. symbolic
d. hate
52. The city claims that Mike's demand that the citizens of the city march on city hall is tantamount to
a. inciting
b. slander
c. symbolic
d. nuisance speech
53. The mayor makes a statement to the press that he is innocent of Mike's charges and was defamed by his speech.
The mayor stands little chance of winning in court, however, because the mayor
a. is a public figure
b. is actually guilty
c. was not harmed by the speech
d. cannot forbid nuisance speech
54. Cleared of all charges, Mike leaves the courtroom and makes an obscene gesture towards the mayor. The mayor
feels threatened but the courts would not view this gesture as
a. "fighting words"
b. being in good taste
c. funny
d. nuisance speech
Janie is in love with Brad Pitt and sends fan letters to him constantly. Over time, the letters become more sinister
and demanding, eventually containing threats and defaced pictures of Pitt. Frustrated with a lack of response, Janie
begins to take time out of school to walk the sidewalk outside Pitt's home, and to follow him around the city. She
finally corners Pitt alone and threatens to kill herself if he does not obtain an immediate divorce from Angelina Jolie
and marry her. Pitt immediately goes to court.
55. Whichofthefollowingwouldbeconsideredtobea“truethreat”?
a. The defaced pictures contained in Janie's letters.
b. None of these choices.
c. The cornering of Pitt.
d. Janie's threat to kill herself.
56. Janie runs the most serious legal risk because of
a. the defaced pictures included in her letters
b. her use of the US. Mail to send threatening letters
c. Pitt's married status
d. her presence on the sidewalk outside of Pitt's residence
57. Which of the following is not a reason Janie would not be found guilty of stalking?
a. spying on Pitt from the sidewalk
b. following Pitt around the city
c. mailing letters to Pitt
d. going to the Brad Pitt Internet fan page
Fawn purchases a gun for protection, even a local ordinance forbids the possession of firearms within city limits.
While in her home, the police arrive on an unrelated matter and notice the hand gun on Fawn's coffee table. The
police subsequently arrest Fawn for violation of the city's gun control laws.
58. Which Amendment does this preface mostly deal with?
a. First
b. Fifth
c. Second
d. Sixth
59. How does the Heller decision of the Supreme Court apply to Fawn's possession of a handgun in this preface?
a. Fawn had the gun in her car
b. Fawn did not have a owner's permit
c. Fawn's gun was found in the house
d. The Heller decision deals with free speech and therefore does not apply to the preface
60. Fawn admits to taking the gun with her to do her shopping, in violation of the city's ban on guns. Which of the
following statements is most accurate?
a. The city has no right to prevent Fawn from taking her gun to the stores.
b. The city can require Fawn to obtain a permit for owning a gun.
c. The city can require Fawn to obtain a permit to carry a concealed handgun when she shops.
d. The city has no ability to prevent Fawn from taking her gun to school.
Completion
61. Under the First Amendment, government cannot forbid ________ unless it is likely to bring harm to people or
property.
62. All states have laws forbidding a breach of the peace, also known as _________ _________.
63. The two main forms of __________ are libel and slander.
64. Fighting words differ from ordinary rude language because they carry the possibility of inciting another to .
65. Violation of a restraining order can subject the violator to a ________ charge.
66. The use of public property is subject to ___________ regulations.
67. First Amendment freedoms and the rights of expression in public places are not ___________.
68. A clear and present danger is the possibility that some speech or conduct will bring harm to people or property .
69. Obscenityisspeechorothercommunicationthatappealstoareasonableperson’sprurientinterest,describesin
an offensive manner specific defined sexual conduct, and has no social value.
70. A person can stalk another by sending messages.
71. A tumultuous disturbance of the peace involving three or more people assembled with a common purpose to do an
unlawful act is referred to as a _____.
72. For an unlawful assembly to be present, there must be _____ or more people present.
73. One of the tests discussed in the textbook used to judge government restrictions on speech is the _____ test.
74. Loud, obnoxious, or other offensive conduct in a public place is called ____.
75. A serous expression of an intent to inflict bodily harm is called ____.
76. Whatisthe“clearandpresentdanger”testusedtoallowthegovernmenttorestrictspeech?Give examples of
when it would come into play.
77. Explain how fighting words differ from ordinary rude language. How are the standards different for words directed
at police officers?
78. List and explain the guidelines established by the U.S. Supreme Court in the 1973 case of Miller v. California
for courts to define obscenity.
79. What is the difference between libel and slander? How are public officials treated under defamation laws?
80. Explain how a protester burning the American flag or a cross can be engaged in protected speech under the First
Amendment.
81. When are threats of violence considered a crime? Give examples of such criminal threats. What happens when
criminal threats are made through interstate communication devices?
82. Explain the considerations identified by courts in determining the regulations and controls that government may use
over public places. How are these factors applied?
83. WhatisthebasisfortheSupremeCourt’sdecisionthattheSecondAmendmentisbindingonthestates?
84. When has a person crossed the line and committed the crime of stalking? How do protective orders seek to
address the problem stalker?
85. At what point does a public assembly become unlawful?
