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HESI RN EXIT EXAM LEGACY V2 QUESTIONS

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HESI RN EXIT EXAM LEGACY V2 QUESTIONS

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HESI RN EXIT EXAM LEGACY V2 QUESTIONS & CORRECT
ANSWERS (100% COMPLETE)
Our tradition of freedom of expression traces back to... - ANSWER: The Church of
England 400 years ago

Describe the censorship situation in England - ANSWER: Church of England
previewed and pre-censored information before being published to silence Puritans
and diminish conflicting ideas

John Milton - ANSWER: An early apostle of freedom of expression.
Wrote Areopagitica in 1644 arguing against gov't censorship

What did Milton advocate for? - ANSWER: The marketplace of ideas

What is the marketplace of ideas? - ANSWER: The notion that freedom of speech
should occur so all ideas have the chance to be heard, considered and compete for
attention from believers

John Locke - ANSWER: One of the most important political theorists of his time;
Came up with the social contract theory

Social contract theory - ANSWER: Gov't servants to people, not the other way around
Everyone has NATURAL RIGHTS (life, liberty + property rights) and should make deal
with gov't - gov't can have authority if it protects everyones natural rights, including
freedom of expression

Censorship was an issue of the 1600s while _____ became a thing of the 1700s -
ANSWER: Crime of seditious libel

Define seditious libel - ANSWER: Crime of criticizing the gov't or gov't officials

What was the common law in English during 1704 in regards to seditious libel? -
ANSWER: That no gov't was safe without critiques being punished. Necessary that
everyone have good opinion of gov't

Did it matter if the alleged seditious comment was true? - ANSWER: Nope - whether
it was true or false, if it was defamatory to the gov't it was seditious libel.
Maxim: "the greater the truth, the greater the libel."

What did the 1792 Fox Libel Act determine? - ANSWER: That JURIES rather than
judges decided whether a statement was libelous. Made it more difficult for gov't to
punish critics

What act established truth as a defense in all seditious libel cases? - ANSWER: Lord
Campbell's Act in 1843

, The Zenger Libel Trial of 1735 - ANSWER: John Peter Zenger "unjustly scandalized"
NY royal governor William Crosby in the New York Weekly Journal.

How did Zenger's attorney Andrew Hamilton argue the case? - ANSWER: Urged
jurors to decide if Zenger's statements were true and only being libelous if they were
false. (First time using truth as a defense in North AM)

Outcome of Zenger trial - ANSWER: Found not-guilty by jury.
Had little direct effect on common law

Though England and the colonies cut ties (1776), whose ideas influenced and come
up in the Declaration of Independence? - ANSWER: English philosopher John Locke -
social contract theory + natural rights

What did many AMs fear about being governed under the Constitution? - ANSWER:
That it basic civil liberties would not be respected; relieved by Bill of Rights

What happened after the states ratified the Bill of Rights in 1791? - ANSWER:
Congress ironically began drafting laws that clearly violated the Bill of Rights (First
Amendment; Alien and Sedition Acts)

Alien & Sedition Acts (1798) - ANSWER: Congress made it a federal crime to speak or
publish seditious ideas in prep for the war with France

What was the punishment for violating the Alien and Sedition Acts? - ANSWER: Up to
$2,000 fine OR two years imprisoned

Was truth recognized as a defense under the Sedition Act? - ANSWER: Yerp

Who was the true target of the Sedition Act? - ANSWER: Jeffersonians, or Anti-
Federalists opposing President John Adams. Jefferson was in favor of freedom of the
press

Do we still have these acts? - ANSWER: No, but the interpretation of the 1A in
regards to seditious libel being a crime continued into 20th century

Leonard Levy - ANSWER: -Historian + constitutional scholar
-Believed the framers of 1A believed prosecution for seditious libel were possible.
-Later revised by claiming to have broadened his perspective

Zechariah Chafee - ANSWER: -Harvard prof
-Believed the 1A was for sure to eliminate seditious libel as a crime
-"Freedom of expression essential to the emergence of truth and advancement of
knowledge"
-Boundary of freedom speech: when words incite unlawful acts
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