MEJO 341 (QUIZZES AND EXAMS) QUESTIONS AND
ACCURATE ANSWERS
In Virginia State Board of Pharmacy, 425 U.S. 748 (1976), the most important interest
considered by the Court in assessing the constitutionality of the Virginia state statute
was the right of which of the following? - Answers - B.
Consumers to receive commercial information in the economic marketplace.
Which legal authority most clearly articulates the following proposition: the U.S.
Supreme Court has the authority to review legislative enactments to determine if they
pass constitutional muster? - Answers - Marbury v. Madison, 5 U.S. 137 (1803).
When false or misleading advertising may lead to immediate harm, which of the
following best describes the authority of the Federal Trade Commission (FTC)? -
Answers - The FTC has the authority to request that a court issue an injunction or
restraining order.
A newspaper received stolen classified military documents and now want to publish
them. The government wants to protect the secrets. In this scenario, what is the most
likely outcome? - Answers - A prior restraint can be constitutionally permissible, but the
government has a heavy burden to show a special societal harm, and that restraint is no
greater than necessary to achieve legitimate ends.
Which of the following is not part of the Central Hudson test? - Answers - The size and
impact of the commercial speech.
As discussed in class, many of the court decisions in the area of commercial speech
involve advertising and labeling involve which of the following categories of products? -
Answers - Alcohol and tobacco.
B. Gambling.
C. Pharmacies and prescription drugs.
D. All of the above.
All of the following are possible routes for a case to make it to the U.S. Supreme Court
except: - Answers - U.S. Circuit Court of Appeals to the Supreme Court of Ohio (the
state's highest court) to the U.S. Supreme Court.
In class, we discussed that courts evaluate speech regulations and decide whether they
are content-based or content-neutral. In Reed v. Town of Gilbert, 576 U.S. 155 (2015),
however, the U.S. Supreme Court decided that statutes that regulate speech with
"subject matter" categories are, on their face: - Answers - Content-Based.
, Which of the following was not an influence on the Founders in crafting the First
Amendment? - Answers - Preclearance licensing.
In Elonis v. U.S., 135 S. Ct. 2001 (2015), the U.S. Supreme court was asked to consider
the standard for when harmful speech online is not protected by the First Amendment.
Which of the following best describes what this case was about? - Answers - True
threats, in which the main question was deciding whether the speaker intended to
threaten and what the speaker needed to demonstrate about his intent to threaten.
Last week, a student named John Smith posted a comment on Facebook that said he
"hates how all the out-of-state first-generation Asian students seem to get more
internships in the school than do the white students from the rural counties of North
Carolina." Facebook took down the post. Can John Smith sue Facebook for violating his
First Amendment rights to free speech? - Answers - No, because Facebook is a
nonpublic forum and there is no state action.
Which of the following is not part of the U.S. Supreme Court's First Amendment
obscenity test established in Miller v. California, 413 U.S. 15 (1973)? - Answers - Work,
taken as a whole, is indecent and offensive by contemporary broadcast standards.
Which of these categories of speech is protected by the First Amendment? - Answers -
Inflammatory speech.
Which of the following statements best reflects the current U.S. Supreme Court
guidelines related to obscenity? - Answers - The guidelines allow for the application of
community standards.
The following scenario most closely resembles the facts in which of the following cases:
At a public school, several students organized a silent protest against an on-going war.
Students planned to wear black armbands to school to protest the fighting but the
principal found out and told the students they would be suspended if they wore the
armbands. Despite the warning, students wore the armbands and were suspended.
During their suspension the students' parents sued the school for violating their
children's right to free speech. - Answers - Tinker v. Des Moines Independent Comm.
School District, 393 U.S. 503 (1968).
Based on the following citation to a court opinion, which court issued it? Elliott v.
Google, Inc., 860 F.3d 1151 (9th Cir. 2017). - Answers - The Ninth Circuit Court of
Appeals.
When the government tries to regulate the content or message of protected political and
social speech under the First Amendment, what test would be applied to such regulation
in evaluating its constitutionality? - Answers - Strict scrutiny.
ACCURATE ANSWERS
In Virginia State Board of Pharmacy, 425 U.S. 748 (1976), the most important interest
considered by the Court in assessing the constitutionality of the Virginia state statute
was the right of which of the following? - Answers - B.
Consumers to receive commercial information in the economic marketplace.
Which legal authority most clearly articulates the following proposition: the U.S.
Supreme Court has the authority to review legislative enactments to determine if they
pass constitutional muster? - Answers - Marbury v. Madison, 5 U.S. 137 (1803).
When false or misleading advertising may lead to immediate harm, which of the
following best describes the authority of the Federal Trade Commission (FTC)? -
Answers - The FTC has the authority to request that a court issue an injunction or
restraining order.
A newspaper received stolen classified military documents and now want to publish
them. The government wants to protect the secrets. In this scenario, what is the most
likely outcome? - Answers - A prior restraint can be constitutionally permissible, but the
government has a heavy burden to show a special societal harm, and that restraint is no
greater than necessary to achieve legitimate ends.
Which of the following is not part of the Central Hudson test? - Answers - The size and
impact of the commercial speech.
As discussed in class, many of the court decisions in the area of commercial speech
involve advertising and labeling involve which of the following categories of products? -
Answers - Alcohol and tobacco.
B. Gambling.
C. Pharmacies and prescription drugs.
D. All of the above.
All of the following are possible routes for a case to make it to the U.S. Supreme Court
except: - Answers - U.S. Circuit Court of Appeals to the Supreme Court of Ohio (the
state's highest court) to the U.S. Supreme Court.
In class, we discussed that courts evaluate speech regulations and decide whether they
are content-based or content-neutral. In Reed v. Town of Gilbert, 576 U.S. 155 (2015),
however, the U.S. Supreme Court decided that statutes that regulate speech with
"subject matter" categories are, on their face: - Answers - Content-Based.
, Which of the following was not an influence on the Founders in crafting the First
Amendment? - Answers - Preclearance licensing.
In Elonis v. U.S., 135 S. Ct. 2001 (2015), the U.S. Supreme court was asked to consider
the standard for when harmful speech online is not protected by the First Amendment.
Which of the following best describes what this case was about? - Answers - True
threats, in which the main question was deciding whether the speaker intended to
threaten and what the speaker needed to demonstrate about his intent to threaten.
Last week, a student named John Smith posted a comment on Facebook that said he
"hates how all the out-of-state first-generation Asian students seem to get more
internships in the school than do the white students from the rural counties of North
Carolina." Facebook took down the post. Can John Smith sue Facebook for violating his
First Amendment rights to free speech? - Answers - No, because Facebook is a
nonpublic forum and there is no state action.
Which of the following is not part of the U.S. Supreme Court's First Amendment
obscenity test established in Miller v. California, 413 U.S. 15 (1973)? - Answers - Work,
taken as a whole, is indecent and offensive by contemporary broadcast standards.
Which of these categories of speech is protected by the First Amendment? - Answers -
Inflammatory speech.
Which of the following statements best reflects the current U.S. Supreme Court
guidelines related to obscenity? - Answers - The guidelines allow for the application of
community standards.
The following scenario most closely resembles the facts in which of the following cases:
At a public school, several students organized a silent protest against an on-going war.
Students planned to wear black armbands to school to protest the fighting but the
principal found out and told the students they would be suspended if they wore the
armbands. Despite the warning, students wore the armbands and were suspended.
During their suspension the students' parents sued the school for violating their
children's right to free speech. - Answers - Tinker v. Des Moines Independent Comm.
School District, 393 U.S. 503 (1968).
Based on the following citation to a court opinion, which court issued it? Elliott v.
Google, Inc., 860 F.3d 1151 (9th Cir. 2017). - Answers - The Ninth Circuit Court of
Appeals.
When the government tries to regulate the content or message of protected political and
social speech under the First Amendment, what test would be applied to such regulation
in evaluating its constitutionality? - Answers - Strict scrutiny.
