MEJO 341 MIDTERM 1 QUESTIONS AND ACCURATE
ANSWERS
Which of the following statements best describes the U.S. Constitution? - Answers - It is
the supreme law of the United States and is difficult to amend.
The U.S. Supreme Court case, Marbury v. Madison, established what power? -
Answers - The power of courts to interpret laws.
Which of the following best reflects the meaning of the term "stare decisis"? - Answers -
Let the decision stand
The First Amendment prohibits abridgements of the freedom of speech and the press
by - Answers - All levels and branches of government
Which of the following statements about the term "en banc" is true? - Answers - it
means on the bench, An "en banc hearing" is before all judges of the court.
According to the Supreme Court, a content-based law is constitutional only if - Answers
- the law passes strict scrutiny
Which of the following is the best example of a traditional public forum - Answers - a
public sidewalk
What does the Brandenburg incitement test establish? - Answers - Speech loses First
Amendment protection when it is likely to prompt imminent violence.
Which of the following statements accurately describes "fighting words"? - Answers -
the first amendment does not protect them, They automatically inflict emotional harm or
trigger violence.
In New York Times v. United States, the Supreme Court held that prior restraints are: -
Answers - Only permissible under certain extraordinary conditions.
Which of the following statements best reflect the explicit text of the U.S. Constitution? -
Answers - it does not protect the First Amendment rights of children differently from
those of adults.
Which of the following statements best reflect the Tinker test articulated by the U.S.
Supreme court? - Answers - In a school classroom, speech may be regulated only to
prevent a substantial disruption to school activities.
, Which of the following statements best reflect the Supreme Court ruling in Bigelow v.
Virginia? - Answers - Commercial speech enjoys some First Amendment protection, as
long as the product or service is legal
According to the Commercial Speech Doctrine, when can the government regulate
accurate advertising for legal goods and services? - Answers - When the regulation
directly advances a substantial state interest and is reasonably connected to that
interest.
Which of the following statements best reflects the status of obscenity in the United
States? - Answers - Obscenity is not protected under the First Amendment.
Which of the following statements best reflects the Miller Test? - Answers - The average
person, applying contemporary community standards," would find that the work, taken
as a whole, appeals to prurient interests, The work depicts or describes, in a patently
offensive way, sexual conduct specifically defined by the applicable state law, The work,
taken as a whole, lacks serious literary, artistic, political or scientific value.
Which federal agency is the primary regulator of advertising? - Answers - . Federal
Trade Commission
Which of the following statements best reflects the term "native advertising"? - Answers
- It is difficult to distinguish from the editorial content of the platform on which the ad
appears.
Which word or phrase applies to the requirement that advertisers must verify or prove
their claims? - Answers - substantiation
In Reno v. American Civil Liberties Union, the U.S. Supreme Court held that - Answers -
The First Amendment protects indecent material on the internet
The current legal test for obscenity comes from which Supreme Court case? - Answers
- Miller v. California
Which of the following statements is true? - Answers - .In the privacy of one's home, the
First Amendment protects possessing obscene materials. (it does not protect child
pornography though)
what are the 6 first amendment rights - Answers - establishment of religion, free
exercise of religion, freedom of speech, freedom of the press, freedom to assemble,
and freedom to petition
what does "supreme law of the land" mean - Answers - the constitution delineates the
powers of each branch of government. also means that laws enacted cannot conflict
with the constitution
ANSWERS
Which of the following statements best describes the U.S. Constitution? - Answers - It is
the supreme law of the United States and is difficult to amend.
The U.S. Supreme Court case, Marbury v. Madison, established what power? -
Answers - The power of courts to interpret laws.
Which of the following best reflects the meaning of the term "stare decisis"? - Answers -
Let the decision stand
The First Amendment prohibits abridgements of the freedom of speech and the press
by - Answers - All levels and branches of government
Which of the following statements about the term "en banc" is true? - Answers - it
means on the bench, An "en banc hearing" is before all judges of the court.
According to the Supreme Court, a content-based law is constitutional only if - Answers
- the law passes strict scrutiny
Which of the following is the best example of a traditional public forum - Answers - a
public sidewalk
What does the Brandenburg incitement test establish? - Answers - Speech loses First
Amendment protection when it is likely to prompt imminent violence.
Which of the following statements accurately describes "fighting words"? - Answers -
the first amendment does not protect them, They automatically inflict emotional harm or
trigger violence.
In New York Times v. United States, the Supreme Court held that prior restraints are: -
Answers - Only permissible under certain extraordinary conditions.
Which of the following statements best reflect the explicit text of the U.S. Constitution? -
Answers - it does not protect the First Amendment rights of children differently from
those of adults.
Which of the following statements best reflect the Tinker test articulated by the U.S.
Supreme court? - Answers - In a school classroom, speech may be regulated only to
prevent a substantial disruption to school activities.
, Which of the following statements best reflect the Supreme Court ruling in Bigelow v.
Virginia? - Answers - Commercial speech enjoys some First Amendment protection, as
long as the product or service is legal
According to the Commercial Speech Doctrine, when can the government regulate
accurate advertising for legal goods and services? - Answers - When the regulation
directly advances a substantial state interest and is reasonably connected to that
interest.
Which of the following statements best reflects the status of obscenity in the United
States? - Answers - Obscenity is not protected under the First Amendment.
Which of the following statements best reflects the Miller Test? - Answers - The average
person, applying contemporary community standards," would find that the work, taken
as a whole, appeals to prurient interests, The work depicts or describes, in a patently
offensive way, sexual conduct specifically defined by the applicable state law, The work,
taken as a whole, lacks serious literary, artistic, political or scientific value.
Which federal agency is the primary regulator of advertising? - Answers - . Federal
Trade Commission
Which of the following statements best reflects the term "native advertising"? - Answers
- It is difficult to distinguish from the editorial content of the platform on which the ad
appears.
Which word or phrase applies to the requirement that advertisers must verify or prove
their claims? - Answers - substantiation
In Reno v. American Civil Liberties Union, the U.S. Supreme Court held that - Answers -
The First Amendment protects indecent material on the internet
The current legal test for obscenity comes from which Supreme Court case? - Answers
- Miller v. California
Which of the following statements is true? - Answers - .In the privacy of one's home, the
First Amendment protects possessing obscene materials. (it does not protect child
pornography though)
what are the 6 first amendment rights - Answers - establishment of religion, free
exercise of religion, freedom of speech, freedom of the press, freedom to assemble,
and freedom to petition
what does "supreme law of the land" mean - Answers - the constitution delineates the
powers of each branch of government. also means that laws enacted cannot conflict
with the constitution
