SMPA 2173 Ch. 2-3 (The First
Amendment and Speech Distinctions)
Correctly answered
What does the first amendment state? (6)
Although the 1st, says gov. "shall make no law" against it... - correct answer ✔✔right to
assemble
freedom of speech
freedom of the press freedom of religion (no law respecting religion)
freedom to petition the government
The First Amendment's ban is NOT absolute
What angered John Milton about British gov in 1644? How was that same idea emulated by the
late 1600s? - correct answer ✔✔-Dissatisfaction and outrage at Gov censorship (argued for
press freedom)
-John Locke argues Gov censorship=improper exercise of power (fundamental natural rights;
life, liberty, and self fulfillment)
Even though Brit. Parl. failed to renew the Licesing act and official Prior restraint in 1964..
What is prior restraint? What does something req. before public.? - correct answer ✔✔for the
next 100 years, the British government enacted and enforced laws that punished immoral,
illegal or dangerous speech after the fact.
,Action taken by the government to prohibit publication of a specific document or text before it
is distributed to the public; a policy that requires government approval before publication.
Why did political thinkers not view punishment after the fact as censorship? Held people
accountable for...
What is sedition?
What is defamation?
What is blasphemy? - correct answer ✔✔encouraging rebellion against the government
A false communication that harms another's reputation and subjects him or her to ridicule and
scorn; incorporates both libel and slander.
(sacrilegious speech about God).
When did the British censors stop previewing publications?
What is seditious libel? - correct answer ✔✔1720
Communication meant to incite people to change the government; criticism of the government.
("truth" is not a defense)
What did Rosseau believe about censorship?
,William blackstone? - correct answer ✔✔Social contract between the gov and the ppl; gov
censorship could never be justified
free press under the common law
What was clear about the Constitution's framers? - correct answer ✔✔-looking to end prior
restraints on speech
-unsure about making laws against libel, sedition, and blasphemy
What were the Alien and Sedition Acts? - correct answer ✔✔laws passed in the 1790s that
made it a crime to say or publish anything that would defame the government of the United
States (ruled unconstitutional)
What does new media provide? What do they blur the line between? - correct answer
✔✔provide new types, reach, modes and uses of communication.
They blur the line between press and speech, and "smart" devices challenge the "human rights"
foundations of First Amendment freedoms.
What is an example of a struggle in the SC deciding how the 1st protects new media? - correct
answer ✔✔media. Government could regulate broadcasters differently from newspapers
because broadcasters act as trustees of scarce public airwaves.
What is a particular trepidation that courts have in relation to new media?
Reconsider what constitutes ____ and _____ with the abundance of info sources (social media,
late night shows, etc) - correct answer ✔✔The lack of diverse media ownership because it
doesn't allow for competition that ensures an open marketplace of ideas.
, -news
-press
What cause these obstacles to a consistent interpretation of the Constitution (2)?
What is one way that judges try to accompany this? (ex)
Another option?
Even parts that are clear in the 1st seem murky, such as... - correct answer ✔✔The mixed legacy
of British common law and the fast-changing nature of communications
Some justices look to history, seeking the original intent of the framers of the Constitution, to
help them determine whether occupying the streets of Ferguson, Mo., or wearing bandanas
and carrying AR-15 rifles at a Texas protest are protected speech.
viewing the Const as a living document
The gov shall make no law (What about priv. companies)
What is the type of balancing that the Supreme Court uses to decide a case? - correct answer
✔✔ad hoc balancing
Making decisions according to the specific facts of the case under review rather than more
general principles. (weighing constitutional interests and competing interests)
What is the separation of speech into categories?
Amendment and Speech Distinctions)
Correctly answered
What does the first amendment state? (6)
Although the 1st, says gov. "shall make no law" against it... - correct answer ✔✔right to
assemble
freedom of speech
freedom of the press freedom of religion (no law respecting religion)
freedom to petition the government
The First Amendment's ban is NOT absolute
What angered John Milton about British gov in 1644? How was that same idea emulated by the
late 1600s? - correct answer ✔✔-Dissatisfaction and outrage at Gov censorship (argued for
press freedom)
-John Locke argues Gov censorship=improper exercise of power (fundamental natural rights;
life, liberty, and self fulfillment)
Even though Brit. Parl. failed to renew the Licesing act and official Prior restraint in 1964..
What is prior restraint? What does something req. before public.? - correct answer ✔✔for the
next 100 years, the British government enacted and enforced laws that punished immoral,
illegal or dangerous speech after the fact.
,Action taken by the government to prohibit publication of a specific document or text before it
is distributed to the public; a policy that requires government approval before publication.
Why did political thinkers not view punishment after the fact as censorship? Held people
accountable for...
What is sedition?
What is defamation?
What is blasphemy? - correct answer ✔✔encouraging rebellion against the government
A false communication that harms another's reputation and subjects him or her to ridicule and
scorn; incorporates both libel and slander.
(sacrilegious speech about God).
When did the British censors stop previewing publications?
What is seditious libel? - correct answer ✔✔1720
Communication meant to incite people to change the government; criticism of the government.
("truth" is not a defense)
What did Rosseau believe about censorship?
,William blackstone? - correct answer ✔✔Social contract between the gov and the ppl; gov
censorship could never be justified
free press under the common law
What was clear about the Constitution's framers? - correct answer ✔✔-looking to end prior
restraints on speech
-unsure about making laws against libel, sedition, and blasphemy
What were the Alien and Sedition Acts? - correct answer ✔✔laws passed in the 1790s that
made it a crime to say or publish anything that would defame the government of the United
States (ruled unconstitutional)
What does new media provide? What do they blur the line between? - correct answer
✔✔provide new types, reach, modes and uses of communication.
They blur the line between press and speech, and "smart" devices challenge the "human rights"
foundations of First Amendment freedoms.
What is an example of a struggle in the SC deciding how the 1st protects new media? - correct
answer ✔✔media. Government could regulate broadcasters differently from newspapers
because broadcasters act as trustees of scarce public airwaves.
What is a particular trepidation that courts have in relation to new media?
Reconsider what constitutes ____ and _____ with the abundance of info sources (social media,
late night shows, etc) - correct answer ✔✔The lack of diverse media ownership because it
doesn't allow for competition that ensures an open marketplace of ideas.
, -news
-press
What cause these obstacles to a consistent interpretation of the Constitution (2)?
What is one way that judges try to accompany this? (ex)
Another option?
Even parts that are clear in the 1st seem murky, such as... - correct answer ✔✔The mixed legacy
of British common law and the fast-changing nature of communications
Some justices look to history, seeking the original intent of the framers of the Constitution, to
help them determine whether occupying the streets of Ferguson, Mo., or wearing bandanas
and carrying AR-15 rifles at a Texas protest are protected speech.
viewing the Const as a living document
The gov shall make no law (What about priv. companies)
What is the type of balancing that the Supreme Court uses to decide a case? - correct answer
✔✔ad hoc balancing
Making decisions according to the specific facts of the case under review rather than more
general principles. (weighing constitutional interests and competing interests)
What is the separation of speech into categories?
