MC 401 – Final Exam – Bragg – 2026 – Study Guide and
Practice Material
First Amendment - correct answer ✔✔ Congress shall make no law respecting the
establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press, or the right of the people peaceably to assemble; and to petition the
government for a redress of grievances
Actual malice - correct answer ✔✔ knowledge of falsity or reckless disregard for the truth
NYT vs. Sullivan (1964) - correct answer ✔✔ -Case: Montgomery Commissioner of Public Affairs
Sullivan sued NY Times for publishing an ad that contained allegations of police wrong-doing
-Question: Can a public official win a libel case based solely on a "test of truth"?
-Holding: NO.
*established actual malice rule for public officials
Butts vs. Curtis Publishing Co. - correct answer ✔✔ -Case: story asserted that coach Bryant and
Butts conspired to fix a football game in Alabama's favor
-Question: Are news organizations protected against label claims made by public figures?
-Holding: yes, unless public figure can prove actual malice
*established actual malice rule for public figures
Originalism - correct answer ✔✔ believes Constitution is a binding contract to b followed
according to the Founding fathers intended it to mean
EX: Scalia
Non-Originalist/ Interpretive - correct answer ✔✔ believes Constitution should be interpreted
in light of societal changes, it is a living document
, EX: Ginsberg, Bryer
Meiklejohnian First Amendment Theory - correct answer ✔✔ -Self Governance
-free-speech related to self-governing is absolutely protected
-distinguishes public or political speech from private speech.
*political speech has most protection
Marketplace of Ideas First Amendment Theory - correct answer ✔✔ - Milton's theory
- Allows discovery of truth
-mostly deals with advertising and election law
*need info to make best decision is purchases and voting
Supremacy Clause - correct answer ✔✔ The Supreme law of the land is the federal Constitution
14th amendment - correct answer ✔✔ -No state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United States
-nor shall any state deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws.
Doctrine of Incorporation - correct answer ✔✔ -constitutional doctrine through which selected
provisions of the Bill of Rights are made applicable to the states through the Due Process clause
of the Fourteenth Amendment.
-you have a right to have first amendment rights contested in court
*established by Gitlow v New York (1925- manifesto papers advocating overthrow of the
government)
Doctrine of Prior Restraint - correct answer ✔✔ -government can't censor a writing before it's
published
Practice Material
First Amendment - correct answer ✔✔ Congress shall make no law respecting the
establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press, or the right of the people peaceably to assemble; and to petition the
government for a redress of grievances
Actual malice - correct answer ✔✔ knowledge of falsity or reckless disregard for the truth
NYT vs. Sullivan (1964) - correct answer ✔✔ -Case: Montgomery Commissioner of Public Affairs
Sullivan sued NY Times for publishing an ad that contained allegations of police wrong-doing
-Question: Can a public official win a libel case based solely on a "test of truth"?
-Holding: NO.
*established actual malice rule for public officials
Butts vs. Curtis Publishing Co. - correct answer ✔✔ -Case: story asserted that coach Bryant and
Butts conspired to fix a football game in Alabama's favor
-Question: Are news organizations protected against label claims made by public figures?
-Holding: yes, unless public figure can prove actual malice
*established actual malice rule for public figures
Originalism - correct answer ✔✔ believes Constitution is a binding contract to b followed
according to the Founding fathers intended it to mean
EX: Scalia
Non-Originalist/ Interpretive - correct answer ✔✔ believes Constitution should be interpreted
in light of societal changes, it is a living document
, EX: Ginsberg, Bryer
Meiklejohnian First Amendment Theory - correct answer ✔✔ -Self Governance
-free-speech related to self-governing is absolutely protected
-distinguishes public or political speech from private speech.
*political speech has most protection
Marketplace of Ideas First Amendment Theory - correct answer ✔✔ - Milton's theory
- Allows discovery of truth
-mostly deals with advertising and election law
*need info to make best decision is purchases and voting
Supremacy Clause - correct answer ✔✔ The Supreme law of the land is the federal Constitution
14th amendment - correct answer ✔✔ -No state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United States
-nor shall any state deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws.
Doctrine of Incorporation - correct answer ✔✔ -constitutional doctrine through which selected
provisions of the Bill of Rights are made applicable to the states through the Due Process clause
of the Fourteenth Amendment.
-you have a right to have first amendment rights contested in court
*established by Gitlow v New York (1925- manifesto papers advocating overthrow of the
government)
Doctrine of Prior Restraint - correct answer ✔✔ -government can't censor a writing before it's
published
