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Exam (elaborations)

Con Law Final Exam With Questions And Answers

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Con Law Final Exam With Questions And Answers...

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  • August 23, 2024
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  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Con Law
  • Con Law
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Easton
Con Law Final Exam With Questions And Answers


Which case (majority opinion) adopted the "bad tendency" test as a means for resolving
disputes involving freedom of speech?

Gitlow v. New York

Brandenburg v. Ohio

Schenck v. United States

Virginia v. Hicks - Answer Gitlow v. New York



Which Supreme Court Justice has made it known he would like to review restrictions on
commercial speech under strict scrutiny analysis?

Antonin Scalia

Clarence Thomas

John Paul Stevens

David Souter - Answer Clarence Thomas



If a professor at a public school imposes a policy barring students from wearing all types
of hats in the classroom, this would most appropriately be labeled as a:

Regulation of protected speech

Ban on protected speech

Content-based limitation on political speech

Neutral law that may impact students' expression - Answer Neutral law that may impact
students' expression



Which of the following cases actually sided with the rights of individual expression under
the First Amendment?

I. Gitlow v. New York

II. Texas v. Johnson

,III. Brandenburg v. Ohio

IV. Schenck v. United States

I, II, III

II, III

II, V

I, II - Answer II, III



If a broadcast journalist reports false information about a nonpublic figure, thereby
resulting in damages to a victim, what would this illustrate?

Reporter's privilege

Slander

Shield law

Libel - Answer Slander



What problem did James Madison address in Federalist 10 that relates to the potential for
individual interests to override the common good?

Lobbying groups

Splinter groups

Factions

Bureaucrats

Corporations - Answer Factions



Within free speech jurisprudence, what term is used to describe the idea that multiple
ideas or forms of expression should compete against one another so that others may
consider them?

Marketplace of ideas

Global competition

Ideas exchange commission

Quid pro quo - Answer Marketplace of ideas

,What case best illustrates symbolic speech?

Brandenburg v. Ohio

Schenck v. United States

Texas v. Johnson

Gitlow v. New York - Answer Texas v. Johnson



A law that regulates more speech than is necessary to accomplish a government
objective will most likely violate which doctrine?

Vagueness

Clear and present danger

Bad tendency

Overbreadth - Answer Overbreadth



Which of the following is NOT considered a public forum within free speech
jurisprudence?

Public sidewalks

Public parks

Courthouse lawns

Prisons - Answer Prisons



Which of the following is NOT a standard used to judge obscenity in Miller v. California
(1973)?

The work taken as a whole involves deviant sexual activity.

The work taken as a whole appeals to a prurient interest in sex.

The work portrays sexual conduct in a patently offensive way.

The work lacks serious literary, artistic, political, or scientific value. - Answer The work
taken as a whole involves deviant sexual activity

, Which of the following is NOT considered per se unprotected speech under the First
Amendment?

Offensive speech

Fighting words

Child pornography

False commercial advertising

Libel - Answer Offensive speech



A false publication in a newspaper that causes damages to a nonpublic figure is called:

Libel

Slander

Falsification

Written tort - Answer Libel



What element must be proven in order for a public figure to successfully bring a
defamation case?

Libel

Slander

Malice

Hostile intent - Answer Malice



What constitutional standard of scrutiny is applied to regulations of commercial speech?

Rational basis

Strict scrutiny

Intermediate scrutiny

Business necessity - Answer Intermediate scrutiny



Which liberty is NOT specifically stated in the text of the First Amendment?

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