JOMC 486-Midterm Exam Questions and Verified Answers. Paul Robert Cohen - Correct answer in 1986 - Arrested for wearing a jacket that said "F*** the Draft" Violations of the first amendment
-Obscenity
-Hate Speech
-Fighting Words
-Incitement of unlawful activity
Issue: no violence
Cohen had the right to wear the jacket be communicating emotional feeling // violation
to his freedom of speech
Words of the First Amendment applying to media - Correct answer Law, abridging, freedom, speech, and press
Government power to punish or restrict expression is limited to a few - Correct answer
Obscenity, libel, fighting words, threats, and fraud
Level of Scrutiny - Correct answer Rational-basis Strict Scrutiny
Intermediate scrutiny
Rational Basis - Correct answer In U.S. constitutional law, the lowest level of scrutiny applied by courts deciding constitutional issues through judicial review. Almost always found constitutional. Ex: Airbags in cars
Strict Scrutiny - Correct answer when a law imposes limitations on a fundamental right, such as freedom of speech or freedom of religion. Almost always found unconstitutional. Ex: National Security
Intermediate scrutiny - Correct answer Used in cases involving expressive conduct
Ex: Marches not during rush hour
Levels of Speech - Correct answer Pure, intermediate, unprotected
Pure Speech - Correct answer given the highest level of protection; examples: public speech, writing a letter, publishing a newspaper or book
P a g e 1 | 8 Intermediate - Correct answer examples: symbolic speech (conduct or action), advertising, broadcasting
Unprotected - Correct answer examples: fighting words, libel, obscenity, threats, fraud
Brandenburg v. Ohio - Correct answer Brandenburg Test - Correct answer state may punish speech that is seditious or may encourage criminal behavior if there is evidence of:
-intent to incite violence
-imminence of violence
-likelihood of violence
U.S v O'Brien - Correct answer to protest the Vietnam War David Paul O'Brien burned his draft card
On the back of the card it says any destruction is illegal
This is considered expressive speech, O'Brien was trying to communicate/send a message
O'Brien Test - Correct answer used for determining when the state interest in regulating conduct is sufficient to justify some limitations on symbolic expression or actions that have some expressive purpose
-is the regulation within the constitutional power of government?
-does it further SUBSTANTIAL governmental interest?
-is the governmental interest unrelated to the suppression of expression?
-is any incidental restriction of First Amendment freedoms no greater than necessary for furthering the governmental interest?
If yes to all four it will be constitutional
Fighting words - Correct answer which by their very utterance inflict injury or tend to incite an immediate breach of the peace; US Supreme Court declared regulation of fighting words must be content neutral; fighting words are outside First Amendment
Characteristics of fighting words - Correct answer personal insults likely to provoke violent response; spoken in a face-to-face situation; concern is whether the recipient of the words will respond with violence against the speaker
R.A.V. v. City of St. Paul - Correct answer Characteristics of Seditious Speech - Correct answer calls for political, social or economic change through violent, unlawful means; may be spoken or written; concern is whether the recipients of the words will commit violent or illegal acts against third parties
Prior Restraints - Correct answer preventing publication; publication must inevitably, directly and immediately cause harm to nation security in order to be constitutional
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