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...
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
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