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MMC 4208 Exam 1 UPDATED Actual Exam Questions and CORRECT Answers
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MMC 4208 Exam 1 UPDATED Actual Exam Questions and CORRECT Answers Marbury v. Madison - CORRECT ANSWER- Marbury v. Madison, legal case in which, on February 24, 1803, the U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review. ...

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  • September 21, 2024
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  • 2024/2025
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MMC 4208 Exam 1 UPDATED Actual
Exam Questions and CORRECT Answers
Marbury v. Madison - CORRECT ANSWER✔✔- Marbury v. Madison, legal case in which,
on February 24, 1803, the U.S. Supreme Court first declared an act of Congress
unconstitutional, thus establishing the doctrine of judicial review. The court's opinion, written
by Chief Justice John Marshall, is considered one of the foundations of U.S. constitutional
law. ; Judicial Review, Doctrine of Precedent; Pg.38


Miami Herald v. Tornillo - CORRECT ANSWER✔✔- Miami Herald Publishing Co. v.
Tornillo, 418 U.S. 241 (1974), was a United States Supreme Court case that overturned a
Florida state law requiring newspapers to allow equal space in their newspapers to political
candidates in the case of a political editorial or endorsement content.


Gitlow v. New York - CORRECT ANSWER✔✔- Gitlow v. New York (1925) was an
important Supreme Court case in which the Court ruled that the Fourteenth Amendment to
the U.S. Constitution extended the reach of certain provisions of the First Amendment,
specifically the provisions protecting freedom of speech and freedom of the press, to the
governments of the individual states.


Schenck v. U.S. - CORRECT ANSWER✔✔- Schenck v. United States, case in which the
U.S. Supreme Court ruled on March 3, 1919, that the freedom of speech protection afforded
in the U.S. Constitution's First Amendment could be restricted if the words spoken or printed
represented to society a "clear and present danger."


Brandenburg v. Ohio - CORRECT ANSWER✔✔- The U.S. Supreme Court found that the
Ohio law violated Brandenburg's right to freedom of speech. The Court used a two-pronged
test to evaluate laws affecting speech acts: 1. speech can be prohibited if its purpose is to
incite or produce imminent lawless action; and 2. doing so is likely to incite or produce such
an action. ; Clear and present danger


Watts v. U.S. - CORRECT ANSWER✔✔- In Watts v. United States, 394 U.S. 705 (1969),
the Supreme Court held, without the benefit of oral argument, that the First Amendment does
not protect true threats.; True threats

, Black v. Virginia - CORRECT ANSWER✔✔- Virginia's statute against cross burning is
unconstitutional because it places the burden of proof on the defendant to demonstrate that he
or she did not intend the cross burning as intimidation. Virginia v. Black, 538 U.S. 343
(2003), is a First Amendment case decided in the Supreme Court of the United States. ; True
threats


Hazelwood v. Kuhlmeier - CORRECT ANSWER✔✔- Hazelwood School District et al. v.
Kuhlmeier et al., 484 U.S. 260 (1988), was a landmark decision by the Supreme Court of the
United States that held that public school curricular student newspapers that have not been
established as forums for student expression are subject to a lower level of First Amendment
protection than independent student expression or newspapers established (by policy or
practice) as forums for student expression.; High School first amendment freedoms


Kincaid v. Gibson - CORRECT ANSWER✔✔- College first amendment freedoms



Hosty v. Carter - CORRECT ANSWER✔✔- College first amendment freedoms



Near v. Minnesota - CORRECT ANSWER✔✔- Prior restraint, presumption of
unconstitutionality


New York Times v. U.S. - CORRECT ANSWER✔✔-



New York Times v. Sullivan - CORRECT ANSWER✔✔- Constitutionally libel law in the
U.S., eliminated strict liability in libel cases, required that public officials prove "actual
malice" in order to recover damages for defamation as a result of criticism of them in their
official conduct


Curtis Publishing v. Butts - CORRECT ANSWER✔✔- Negligence; Pg. 2 lecture 5



A.P. v. Walker - CORRECT ANSWER✔✔- Pg. 2 lecture 5



Gertz v. Welch - CORRECT ANSWER✔✔- Pg. 3 lecture 5; Presumed/punitive damages



Milkovich v. Lorain Journal Co. - CORRECT ANSWER✔✔-

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