MMC 3200 EXAM 1 UPDATED ACTUAL QUESTIONS AND
CORRECT ANSWERS
Question:
1. Schenck vs. U.S.
Answer:
Communist handed out pamphlet encouraging people to avoid the draft during WW2 Court ruled: context
matters! What you can say during peacetime you can't say during wartime Clear & Present Danger!
Question:
2. Whitney vs. Calfornia
Answer:
Lady accused of wanting to overthrow gov. for helping establish communist party that wanted to Court
ruling: speech that incites crime, disturbs public peace, or threatens the gov is not protected
Question:
3. Brandenburg vs. Ohio
Answer:
Racist KKK guy hosts protest a vaguely threatens gov during it Court ruling: Threats were not imminent so
he got off
Question:
4. New York Times vs. United States (AKA: Pentagon Papers)
Answer:
Newspaper published info about Vietnam Court Ruling: to exercise prior restrain gov. must prove "grave
and irreparable" danger
Question:
5. Tinker vs. Des Moines
Answer:
Students wore black armbands to protest Vietnam Court ruling: "neither teachers nor students shed their
rights when they enter the schoolhouse doors."
Question:
6. Bethel School District vs. Fraser
Answer:
Student gives sexually suggestive speech Court ruling: captive audience matters! Schools job is to teach
proper behavior
Question:
7. Hazelwood vs. Kuhlmeier
Answer:
High school newspaper wants to publish articles about teen pregnancy and divorce Court ruling: school
media may be censored if it is done to protect students and the learning environment
, Question:
8. Criminal Court
Answer:
- between person/entity and the law
- remedy is fine or prison
- proof beyond reasonable doubt
Question:
9. Civil Court
Answer:
- Between 2 private individuals
- case brought by injured party
- remedy is compensation
- preponderance of evidence
Question:
10. 1st Amendment Rights
Answer:
- speech
- press
- petition
- assembly
- religion
Question:
11. Brandenburg (incitement) Test
Answer:
- Illegal force/violence advocated?
- Directed to actually incite violence?
- Is advised conduct imminent/immediate?
- Is it likely to cause intended conduct?
Question:
12. Gov. can restrict freedoms if:
Answer:
1. There is a compelling reason
2. They do not restrict more freedom than necessary
Question:
13. Ways gov. can restrict freedoms
Answer:
Prior restraint Informal coercion Compelled speech Time/place/manner
Question:
14. Time/place/manner restrictions can be enacted if:
CORRECT ANSWERS
Question:
1. Schenck vs. U.S.
Answer:
Communist handed out pamphlet encouraging people to avoid the draft during WW2 Court ruled: context
matters! What you can say during peacetime you can't say during wartime Clear & Present Danger!
Question:
2. Whitney vs. Calfornia
Answer:
Lady accused of wanting to overthrow gov. for helping establish communist party that wanted to Court
ruling: speech that incites crime, disturbs public peace, or threatens the gov is not protected
Question:
3. Brandenburg vs. Ohio
Answer:
Racist KKK guy hosts protest a vaguely threatens gov during it Court ruling: Threats were not imminent so
he got off
Question:
4. New York Times vs. United States (AKA: Pentagon Papers)
Answer:
Newspaper published info about Vietnam Court Ruling: to exercise prior restrain gov. must prove "grave
and irreparable" danger
Question:
5. Tinker vs. Des Moines
Answer:
Students wore black armbands to protest Vietnam Court ruling: "neither teachers nor students shed their
rights when they enter the schoolhouse doors."
Question:
6. Bethel School District vs. Fraser
Answer:
Student gives sexually suggestive speech Court ruling: captive audience matters! Schools job is to teach
proper behavior
Question:
7. Hazelwood vs. Kuhlmeier
Answer:
High school newspaper wants to publish articles about teen pregnancy and divorce Court ruling: school
media may be censored if it is done to protect students and the learning environment
, Question:
8. Criminal Court
Answer:
- between person/entity and the law
- remedy is fine or prison
- proof beyond reasonable doubt
Question:
9. Civil Court
Answer:
- Between 2 private individuals
- case brought by injured party
- remedy is compensation
- preponderance of evidence
Question:
10. 1st Amendment Rights
Answer:
- speech
- press
- petition
- assembly
- religion
Question:
11. Brandenburg (incitement) Test
Answer:
- Illegal force/violence advocated?
- Directed to actually incite violence?
- Is advised conduct imminent/immediate?
- Is it likely to cause intended conduct?
Question:
12. Gov. can restrict freedoms if:
Answer:
1. There is a compelling reason
2. They do not restrict more freedom than necessary
Question:
13. Ways gov. can restrict freedoms
Answer:
Prior restraint Informal coercion Compelled speech Time/place/manner
Question:
14. Time/place/manner restrictions can be enacted if:
