JOMC 486 EXAM SCRIPT UPDATED
COMPLETE QUESTIONS AND ANSWERS
GRADED APLUS
●● Clark v CCNV
Answer: A nonviolence group erected a tent city in Lafayette Park and
the National Mall to protest the treatment of homeless people. The US
Park Service would not let protestors sleep in the tents. The Supreme
Court upheld the Park Service's decision, saying they had a substantial
interest in protecting the parks, were making a content-neutral
regulation, and were narrowly drawn to prohibit only one form of
conduct, not general expression.
●● Law
Answer: (1st Amendment) Congress shall make no -- respecting an
establishment of...
●● Religion, speech, press, peaceably assemble, petition
Answer: (1st Amendment) Congress shall make no law respecting an
establishment of --, or prohibiting the free exercise thereof; or abridging
the freedom of --, or of the --, or the right of the people to -- --, and to --
the Government for redress of grievances.
●● True
,Answer: Although the First Amendment only specifically mentions
Congress and laws, it has generally been applied to mean any
government body and any pseudo-legislative action.
●● Fourteenth Amendment
Answer: Through this provision of the Constitution, the First
Amendment applies to both the federal and state governments.
●● Non-state actors
Answer: These organizations, such as private businesses, churches,
private schools, etc. are not barred by the First Amendment
●● Pure Speech
Answer: What level of speech/expression is this? Public speech, writing
a letter, publishing a newspaper or book
●● Intermediate Speech
Answer: What level of speech/expression is this? Symbolic speech,
advertising, broadcasting
●● Unprotected Speech
Answer: What level of speech/expression is this? Fighting words, libel,
obscenity, true threats, fraud
,●● True
Answer: Although some forms of speech are unprotected, the courts
have found the First Amendment limits government actions to prevent or
punish them.
●● Pure speech
Answer: Which form of speech receives the highest level of protection?
●● Expressive
Answer: Actions undertaken for -- purposes may be regulated by time,
place, and manner if they are content-neutral, but still recieve some
protection.
●● True
Answer: A shortcoming of First Amendment protections is that there is
an artificial distinction between speech and action, because every
communication involves some action and most actions convey
messages.
●● Political speech
Answer: Speech that is -- in the sense of contributing to self-governmnet
receives the highest level of protection. Other speech receives a lesser
degree of protection.
, ●● Judges
Answer: The distinction between political and non-political speech is
weak, making it difficult for -- to distinguish on principle between the
two.
●● Content-neutral
Answer: All laws regulating expression must be examined under strict
scrutiny if they do not meet this standard.
●● Content-neutral/based analysis
Answer: Which approach to regulating speech and expression may be
the most hostile to newsgathering?
●● Strict Scrutiny
Answer: When pure speech is challenged, the courts will afford little
deference to legislators' intent and apply -- --.
●● Intermediate scrutiny
Answer: When nonfundamental rights or speech with expressive
conduct is regulated, the courts will afford some deference to the
legislators' intent and examine the regulation under -- --.
●● Rational-basis test
COMPLETE QUESTIONS AND ANSWERS
GRADED APLUS
●● Clark v CCNV
Answer: A nonviolence group erected a tent city in Lafayette Park and
the National Mall to protest the treatment of homeless people. The US
Park Service would not let protestors sleep in the tents. The Supreme
Court upheld the Park Service's decision, saying they had a substantial
interest in protecting the parks, were making a content-neutral
regulation, and were narrowly drawn to prohibit only one form of
conduct, not general expression.
●● Law
Answer: (1st Amendment) Congress shall make no -- respecting an
establishment of...
●● Religion, speech, press, peaceably assemble, petition
Answer: (1st Amendment) Congress shall make no law respecting an
establishment of --, or prohibiting the free exercise thereof; or abridging
the freedom of --, or of the --, or the right of the people to -- --, and to --
the Government for redress of grievances.
●● True
,Answer: Although the First Amendment only specifically mentions
Congress and laws, it has generally been applied to mean any
government body and any pseudo-legislative action.
●● Fourteenth Amendment
Answer: Through this provision of the Constitution, the First
Amendment applies to both the federal and state governments.
●● Non-state actors
Answer: These organizations, such as private businesses, churches,
private schools, etc. are not barred by the First Amendment
●● Pure Speech
Answer: What level of speech/expression is this? Public speech, writing
a letter, publishing a newspaper or book
●● Intermediate Speech
Answer: What level of speech/expression is this? Symbolic speech,
advertising, broadcasting
●● Unprotected Speech
Answer: What level of speech/expression is this? Fighting words, libel,
obscenity, true threats, fraud
,●● True
Answer: Although some forms of speech are unprotected, the courts
have found the First Amendment limits government actions to prevent or
punish them.
●● Pure speech
Answer: Which form of speech receives the highest level of protection?
●● Expressive
Answer: Actions undertaken for -- purposes may be regulated by time,
place, and manner if they are content-neutral, but still recieve some
protection.
●● True
Answer: A shortcoming of First Amendment protections is that there is
an artificial distinction between speech and action, because every
communication involves some action and most actions convey
messages.
●● Political speech
Answer: Speech that is -- in the sense of contributing to self-governmnet
receives the highest level of protection. Other speech receives a lesser
degree of protection.
, ●● Judges
Answer: The distinction between political and non-political speech is
weak, making it difficult for -- to distinguish on principle between the
two.
●● Content-neutral
Answer: All laws regulating expression must be examined under strict
scrutiny if they do not meet this standard.
●● Content-neutral/based analysis
Answer: Which approach to regulating speech and expression may be
the most hostile to newsgathering?
●● Strict Scrutiny
Answer: When pure speech is challenged, the courts will afford little
deference to legislators' intent and apply -- --.
●● Intermediate scrutiny
Answer: When nonfundamental rights or speech with expressive
conduct is regulated, the courts will afford some deference to the
legislators' intent and examine the regulation under -- --.
●● Rational-basis test
