JOMC 486 Questions With 100% Correct Answers

JOMC 486 Questions With 100% Correct Answers Virginia v. Black involved two incidents of cross burning, one by Barry Black and the other by Richard Elliott and Jonathan O'Mara. Which of the following best describes the two incidents? Black burned a cross at a Ku Klux Klan rally, and Elliott and O'Mara burned a cross in a neighbor's yard. The plurality opinion in Virginia v. Black, written by Justice O'Connor, found the Virginia statute on cross burning unconstitutional because The prima facie provision eliminates the need to prove an intent to intimidate. The "prima facie" provision of the Virginia law at issue in Virgnian v. Black said jurors could presume That the cross burning was done with the intent to intimidate others. The Supreme Court said in Virginia v. Black the First Amendment allows states to punish cross burning done with an intent to intimidate because such acts amount to A true threat. The plurality opinion in Virginia v. Black defined "true threats" as statements in which the speaker Means to communicate a serious expression of an intent to commit an act of violence on an individual or group. Justice O'Connor's opinion in Virginia v. Black said it is not necessary to show that one who utters a true threat actually intended to carry out the threat. Which of the following best explains why this is so? The prohibition on threats protects individuals from the fear of violence. Justice O'Connor in Virginia v. Black gave examples of when cross burning may be done without an intent to intimidate. Which of the following is NOT an instance of cross burning without an intent to intimidate? Cross burning on a neighbor's lawn. Justice Thomas dissented in Virginia v. Black. He argued that the Virginia statute was enacted to restrict the activities of the Ku Klux Klan and therefore was directed only at _______________. Conduct Justice Scalia argued the prima facie provision in the statute at issue in Virginia v. Black was constitutional because it still allowed the defendant to Offer rebuttal evidence. Justice Souter concurred in the majority's decision in Virginia v. Black in part because he believed evidence of an official intent to suppress ideas was afoot could be found in The prima facie provision of the statute. When might it be legal for the government to exercise prior restraint over a newspaper, according to Justice William Brennan's opinion in The New York Times v. United States.? If the publication would inevitably, directly, and immediately lead to a grave harm. A major complaint the three dissenting justices in the Pentagon Papers case advanced was that The Supreme Court had rushed to a conclusion. Justice Byron White's concurring opinion in New York Times v. United States expressed the view that the Espionage Act of 1917 Could be used to prosecute the Times and the Post for publishing the Pentagon Papers. What was the US government seeking to do in the case of The New York Times v. United States? Prevent the newspapers from publishing classified documents. The government's request for a prior restraint on The New York Times and The Washington Post to prevent publication of the Pentagon Papers was based on the claim the president had _____________ to seek such a restraint. Inherent power In the New York Times v. United States case, Justices Byron White and Thurgood Marshall said they were reluctant to impose a prior restraint on a newspaper in the absence of A statute passed by Congress authorizing the government to seek a prior restraint. The Pentagon Papers, which were at issue in the New York Times v. United States Supreme Court decision, were A top secret study of how the nation became embroiled in the Vietnam War. When Scottie Pippen sued NBC Universal for libel, he was suing over a publication that falsely reported Pippen Had filed for bankruptcy. The federal appeals court in Pippen v. NBC Universal Media said one reason the false report that Pippen had filed for bankruptcy was not defamatory per se was People sometimes go bankrupt through no fault of their own. The federal appeals court said in Pippen v. NBC Universal Media the false report Scottie Pippen had filed for bankruptcy was not defamatory per se because The allegation had no bearing on Pippen's competence to be a basketball analyst and celebrity endorser. In Pippen v. NBC Universal Media, Scottie Pippen contend he had suffered special damages because He had lost endorsement and personal-appearance opportunities. In Yonaty v. Mincolla, Mark Yonaty sued Jean Mincolla because Mincolla told Yonaty's girlfriend that Yonaty was Bisexual or gay. In the Yonaty v. Mincolla slander case, the consequence of Mincolla's statements was that Yonaty Lost his girlfriend. As support for his conclusion that an allegation of homosexuality is not per se defamatory, the judge in Yonaty v. Mincolla pointed to three legal developments. Which of the following is NOT one of them? The US Defense of Marriage Act. In Yonaty v. Mincolla, the judge ruled that the contention that an allegation of homosexuality is defamatory is Based on the false premise that homosexuality is shameful and disgraceful. Yonaty might have been able to win his slander suit against Mincolla if he had been able to show Special damages. Sec. 230 of the Communications Decency Act, which was invoked in Jones v. Dirty World, says that no provider or user of an interactive computer service shall be treated as the (person 1) of any information provided by another content provider. Publisher The court in Jones v. Dirty World said that in order for an interactive computer service to be held liable for content on its website the plaintiff would have to show that the service had made a material contribution to the creation of the content meaning It was responsible for what made the content allegedly unlawful. The federal appeals court concluded that the claims against the website TheD in Jones v. Dirty World Entertainment were barred by Sec. 230 of the Communications Decency Act. The allegedly libelous website postings at issue in Jones v. Dirty World Entertainment were Anonymous ones submitted by the website's readers. Sarah Jones, a high school teacher and Cincinnati Bengals cheerleader, sued Dirty World Entertainment for libel over posts on the website TheD that suggested she Was sexually promiscuous. The court in Jones v. Dirty World said the case turned on how narrowly or capaciously the term _________ was applied. "Development" The New York Daily News and several other media organizations in the New York City area published a story saying Janice Lee had been involved in a criminal enterprise to provide drugs and prostitutes to users and launder the money through front businesses. The source of this information was The New York attorney general's office. The federal district court in Lee v. TMZ Productions Inc. said the publication of the allegations against Lee were protected against a libel suit because of The fair-report privilege. In Lee v. TMZ Productions Inc., Lee was able to show that All of the allegations were false. In Lee v. TMZ Productions, the plaintiff was suing for which of the following? Libel, libel per se, negligent infliction of emotional distress and intentional infliction of emotional distress. The court's decision in Lee v. TMZ Productions was based on the law of New Jersey. The judge in Lee v. TMZ Productions, after dismissing the libel claim, said the other claims Were all dismissed. Chief Justice Rehnquist's opinion in Milkovich v. Lorain Journal compares the statements "In my opinion Mayor Jones is a liar" and "In my opinion Mayor Jones shows his abysmal ignorance by accepting the teachings of Marx and Lenin." Rehnquist says