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Student name:__________
TRUE/FALSE – Write ‘T’ if the statement is true and ‘F’ if the statement is false.
1) The outcome of the seditious libel trial involving John Peter Zenger represents an
example of jury nullification.
⊚ true
⊚ false
2) The counterspeech doctrine maintains that the remedy for speech that offends us is not
censorship or violence, but rather the remedy is to add more speech to the marketplace of ideas
to counteract or contradict the disagreeable speech.
⊚ true
⊚ false
3) The First Amendment was an effective tool in blocking prosecutions under the Espionage
Act of 1917.
⊚ true
⊚ false
4) In 2010, the U.S. Supreme Court in United States v. Stevens refused to create a new
category of unprotected speech for videos depicting images of animal cruelty.
⊚ true
⊚ false
5) ABC canceling the show “Roseanne” after the show’s star and co-creator posted a racist
tweet is an example of censorship by the Federal Communications Commission.
⊚ true
⊚ false
6) Viewpoint-based discrimination is a subset of content-based regulation and is considered
even worse than a content-based regulation.
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⊚ true
⊚ false
MULTIPLE CHOICE – Choose the one alternative that best completes the statement or
answers the question.
7) In 2011, the U.S. Supreme Court in Brown v. Entertainment Merchants Association
A) upheld a law that allowed the censorship of sexually explicit movies.
B) struck down a law that allowed the censorship of sexually explicit movies.
C) upheld a law that restricted minors’ access to violent video games.
D) struck down a law that restricted minors’ access to violent video games.
8) Laws limiting minors’ access to video games depicting violent images are subject to the
standard of judicial review known as
A) intermediate scrutiny.
B) reasonable review.
C) strict scrutiny.
D) rigorous review.
9) The primary goal of free speech in Meiklejohnian theory is
A) self-realization.
B) the voting of wise decisions.
C) protecting artistic expression.
D) discovery of the truth.
10) The U.S. Supreme Court’s 2012 ruling in United States v. Alvarez struck down part of
a federal law known as the
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A) Stolen Valor Act.
B) Patriot Act.
C) Anti-Terrorism Prosecution Act.
D) Sedition Act.
11) According to the textbook, a great “historical myth” regarding the First Amendment is
that
A) it only protects political speech.
B) John Peter Zenger was the individual who drafted it.
C) it is first because it is the most important right.
D) George Washington was the individual who drafted it.
12) The 2009 appellate court ruling in Plame Wilson v. Central Intelligence Agency
best illustrates the point that
A) government employees who sign secrecy agreements may be subject to prior
restraints.
B) community censorship of the speech of government employees is unconstitutional.
C) jury nullification is a key problem in cases involving the Central Intelligence
Agency.
D) the access theory supports the disclosure of Central Intelligence Agency documents.
13) As described in the textbook, the access theory of freedom of expression can be seen as a
remedy to correct some of the flaws with which one of the following other theories?
A) Meiklejohnian theory
B) marketplace of ideas theory
C) absolutist theory
D) self-realization theory
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14) The incorporation doctrine links the First Amendment with the
A) Second Amendment.
B) Third Amendment.
C) Tenth Amendment.
D) Fourteenth Amendment.
15) The Brandenburg test for incitement is also commonly used in
A) libel cases.
B) invasion of privacy cases that involve the intrusion tort.
C) obscenity cases.
D) wrongful death actions aimed at the mass media.
16) The case of United States v. Bell involved a prior restraint on
A) national security secrets.
B) fraudulent tax advice.
C) a newspaper publishing false statements about public officials.
D) a newspaper publishing false statements about a child.
FILL IN THE BLANK. Write the word or phrase that best completes each statement or
answers the question.
17) The First Amendment was adopted in the year _____.
18) The balancing theory that weighs the interests in any situation on a case-by-case basis is
known as _____ balancing.
19) In order to justify a regulation on speech under the strict scrutiny standard of judicial
review, the government must prove that it has a _____ interest.
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SHORT ANSWER. Write the word or phrase that best completes each statement or
answers the question.
20) Explain what “community censorship” means and provide an example of it.
21) Set forth the four components or elements of the test articulated by the U.S. Supreme
Court in Brandenburg v. Ohio.
22) Identify the two basic elements or parts of the symbolic speech doctrine.
23) As listed and described in the textbook, set forth the four key rules that are important to
understand when the government engages in a prior restraint on speech.
24) Explain what is meant by absolutist theory.
25) Explain the distinction between content-based and content-neutral regulations.
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Answer Key
Test name: chapter 2
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