JOMC 486 UNL MIDTERM EXAM QUESTIONS AND
ANSWERS GRADED A+
✔✔intermediate speech - ✔✔Symbolic speech
Advertising
Broadcasting (some aspects)
✔✔Unprotected Speech - ✔✔Fighting words
Libel
Obscenity
Threats
Fraud
✔✔Speech Action Dichotomy - ✔✔Speech that is protected, but action is not.
✔✔Political-Nonpolitical Speech Dichotomy - ✔✔Speech that is political in the sense of
contributing to self government, receives highest level of protection.
Non political speech receives a lesser degree of First Amendment protection.
✔✔Content Neutral Content Based Dichotomy - ✔✔Examines the regulation not the
expression.
Content-based regulations subject to strict scrutiny.
Content-neutral regulations judged by a less demanding standard.
✔✔In Texas v. Johnson, of what criminal offense was Johnson charged? -
✔✔desecration of a venerated object
✔✔The Supreme Court in Texas v. Johnson first had to determine whether Johnson's
burning of the flag was expressive conduct meaning - ✔✔He intended to convey a
message that was likely to be understood by those who viewed it.
✔✔In its majority opinion in Texas v. Johnson, the Supreme Court ruled that the Texas
prohibition on flag burning was related to the suppression of expression because - ✔✔It
allows the state to determine what messages may be communicated with the flag.
✔✔In Texas v. Johnson, Texas, which of the following is used as an interest to justify
the prohibition on flag burning? - ✔✔Preserving the flag as a symbol of nationhood
✔✔In his dissenting opinion in Texas v. Johnson, Chief Justice Rehnquist compared the
burning of the American flag to - ✔✔An inarticulate grunt or roar
, ✔✔Justice Stevens' dissent in Texas v. Johnson argued that the concept of
"desecration" depended not on the message the actor intended to convey but on - ✔✔If
those who view the act will take serious offense
✔✔In his majority opinion for Texas v. Johnson, Justice Brennan said a bedrock
principle underlying the First Amendment is that - ✔✔Government can't prohibit
expression of ideas simply because they are offensive
✔✔Public forums - ✔✔Traditional: Parks, sidewalks, other places traditionally used for
expressive purposes.
Designated: Places set aside by government.
Nonpublic: Government places not open to public.
✔✔RAV vs. St. Paul (1992) - ✔✔laws prohibiting hate speech is unconstitutional
Minor who burned a makeshift cross on black neighbor's lawn
Prosecuted under city hate speech law
✔✔Reed vs. Town of Gilbert - ✔✔director of a church rented space in an elementary
school, signs were placed in the area regarding the church, was warned that his signs
were not in code and he sued claiming they were discriminating because of them
concerning a church
The district court found that the Sign Code was constitutional since it was content-
neutral and was reasonable in light of the government interests
✔✔seditious speech - ✔✔Calls for political, social or economic change through violent
and unlawful means.
Spoken or written
Concern is whether the recipients of the words will commit violent or illegal acts against
third parties.
✔✔Virginia vs. Black - ✔✔The Court ruled that cross burning, due to its historical ties to
racial fear and intimidation, is not protected speech.
✔✔Threat - ✔✔A true threat, which includes intimidation, is an expression of an intent to
commit an unlawful act of violence against a person or group.
✔✔Common law elements of a libel case - ✔✔Defamation
Identification
ANSWERS GRADED A+
✔✔intermediate speech - ✔✔Symbolic speech
Advertising
Broadcasting (some aspects)
✔✔Unprotected Speech - ✔✔Fighting words
Libel
Obscenity
Threats
Fraud
✔✔Speech Action Dichotomy - ✔✔Speech that is protected, but action is not.
✔✔Political-Nonpolitical Speech Dichotomy - ✔✔Speech that is political in the sense of
contributing to self government, receives highest level of protection.
Non political speech receives a lesser degree of First Amendment protection.
✔✔Content Neutral Content Based Dichotomy - ✔✔Examines the regulation not the
expression.
Content-based regulations subject to strict scrutiny.
Content-neutral regulations judged by a less demanding standard.
✔✔In Texas v. Johnson, of what criminal offense was Johnson charged? -
✔✔desecration of a venerated object
✔✔The Supreme Court in Texas v. Johnson first had to determine whether Johnson's
burning of the flag was expressive conduct meaning - ✔✔He intended to convey a
message that was likely to be understood by those who viewed it.
✔✔In its majority opinion in Texas v. Johnson, the Supreme Court ruled that the Texas
prohibition on flag burning was related to the suppression of expression because - ✔✔It
allows the state to determine what messages may be communicated with the flag.
✔✔In Texas v. Johnson, Texas, which of the following is used as an interest to justify
the prohibition on flag burning? - ✔✔Preserving the flag as a symbol of nationhood
✔✔In his dissenting opinion in Texas v. Johnson, Chief Justice Rehnquist compared the
burning of the American flag to - ✔✔An inarticulate grunt or roar
, ✔✔Justice Stevens' dissent in Texas v. Johnson argued that the concept of
"desecration" depended not on the message the actor intended to convey but on - ✔✔If
those who view the act will take serious offense
✔✔In his majority opinion for Texas v. Johnson, Justice Brennan said a bedrock
principle underlying the First Amendment is that - ✔✔Government can't prohibit
expression of ideas simply because they are offensive
✔✔Public forums - ✔✔Traditional: Parks, sidewalks, other places traditionally used for
expressive purposes.
Designated: Places set aside by government.
Nonpublic: Government places not open to public.
✔✔RAV vs. St. Paul (1992) - ✔✔laws prohibiting hate speech is unconstitutional
Minor who burned a makeshift cross on black neighbor's lawn
Prosecuted under city hate speech law
✔✔Reed vs. Town of Gilbert - ✔✔director of a church rented space in an elementary
school, signs were placed in the area regarding the church, was warned that his signs
were not in code and he sued claiming they were discriminating because of them
concerning a church
The district court found that the Sign Code was constitutional since it was content-
neutral and was reasonable in light of the government interests
✔✔seditious speech - ✔✔Calls for political, social or economic change through violent
and unlawful means.
Spoken or written
Concern is whether the recipients of the words will commit violent or illegal acts against
third parties.
✔✔Virginia vs. Black - ✔✔The Court ruled that cross burning, due to its historical ties to
racial fear and intimidation, is not protected speech.
✔✔Threat - ✔✔A true threat, which includes intimidation, is an expression of an intent to
commit an unlawful act of violence against a person or group.
✔✔Common law elements of a libel case - ✔✔Defamation
Identification
