Con Law Final Exam With Questions And Answers
Which case (majority opinion) adopted the "bad tendency" test as a means for resolving
disputes involving freedom of speech?
Gitlow v. New York
Brandenburg v. Ohio
Schenck v. United States
Virginia v. Hicks - Answer Gitlow v. New York
Which Supreme Court Justice has made it known he would like to review restrictions on
commercial speech under strict scrutiny analysis?
Antonin Scalia
Clarence Thomas
John Paul Stevens
David Souter - Answer Clarence Thomas
If a professor at a public school imposes a policy barring students from wearing all types
of hats in the classroom, this would most appropriately be labeled as a:
Regulation of protected speech
Ban on protected speech
Content-based limitation on political speech
Neutral law that may impact students' expression - Answer Neutral law that may impact
students' expression
Which of the following cases actually sided with the rights of individual expression under
the First Amendment?
I. Gitlow v. New York
II. Texas v. Johnson
,III. Brandenburg v. Ohio
IV. Schenck v. United States
I, II, III
II, III
II, V
I, II - Answer II, III
If a broadcast journalist reports false information about a nonpublic figure, thereby
resulting in damages to a victim, what would this illustrate?
Reporter's privilege
Slander
Shield law
Libel - Answer Slander
What problem did James Madison address in Federalist 10 that relates to the potential for
individual interests to override the common good?
Lobbying groups
Splinter groups
Factions
Bureaucrats
Corporations - Answer Factions
Within free speech jurisprudence, what term is used to describe the idea that multiple
ideas or forms of expression should compete against one another so that others may
consider them?
Marketplace of ideas
Global competition
Ideas exchange commission
Quid pro quo - Answer Marketplace of ideas
,What case best illustrates symbolic speech?
Brandenburg v. Ohio
Schenck v. United States
Texas v. Johnson
Gitlow v. New York - Answer Texas v. Johnson
A law that regulates more speech than is necessary to accomplish a government
objective will most likely violate which doctrine?
Vagueness
Clear and present danger
Bad tendency
Overbreadth - Answer Overbreadth
Which of the following is NOT considered a public forum within free speech
jurisprudence?
Public sidewalks
Public parks
Courthouse lawns
Prisons - Answer Prisons
Which of the following is NOT a standard used to judge obscenity in Miller v. California
(1973)?
The work taken as a whole involves deviant sexual activity.
The work taken as a whole appeals to a prurient interest in sex.
The work portrays sexual conduct in a patently offensive way.
The work lacks serious literary, artistic, political, or scientific value. - Answer The work
taken as a whole involves deviant sexual activity
, Which of the following is NOT considered per se unprotected speech under the First
Amendment?
Offensive speech
Fighting words
Child pornography
False commercial advertising
Libel - Answer Offensive speech
A false publication in a newspaper that causes damages to a nonpublic figure is called:
Libel
Slander
Falsification
Written tort - Answer Libel
What element must be proven in order for a public figure to successfully bring a
defamation case?
Libel
Slander
Malice
Hostile intent - Answer Malice
What constitutional standard of scrutiny is applied to regulations of commercial speech?
Rational basis
Strict scrutiny
Intermediate scrutiny
Business necessity - Answer Intermediate scrutiny
Which liberty is NOT specifically stated in the text of the First Amendment?
Which case (majority opinion) adopted the "bad tendency" test as a means for resolving
disputes involving freedom of speech?
Gitlow v. New York
Brandenburg v. Ohio
Schenck v. United States
Virginia v. Hicks - Answer Gitlow v. New York
Which Supreme Court Justice has made it known he would like to review restrictions on
commercial speech under strict scrutiny analysis?
Antonin Scalia
Clarence Thomas
John Paul Stevens
David Souter - Answer Clarence Thomas
If a professor at a public school imposes a policy barring students from wearing all types
of hats in the classroom, this would most appropriately be labeled as a:
Regulation of protected speech
Ban on protected speech
Content-based limitation on political speech
Neutral law that may impact students' expression - Answer Neutral law that may impact
students' expression
Which of the following cases actually sided with the rights of individual expression under
the First Amendment?
I. Gitlow v. New York
II. Texas v. Johnson
,III. Brandenburg v. Ohio
IV. Schenck v. United States
I, II, III
II, III
II, V
I, II - Answer II, III
If a broadcast journalist reports false information about a nonpublic figure, thereby
resulting in damages to a victim, what would this illustrate?
Reporter's privilege
Slander
Shield law
Libel - Answer Slander
What problem did James Madison address in Federalist 10 that relates to the potential for
individual interests to override the common good?
Lobbying groups
Splinter groups
Factions
Bureaucrats
Corporations - Answer Factions
Within free speech jurisprudence, what term is used to describe the idea that multiple
ideas or forms of expression should compete against one another so that others may
consider them?
Marketplace of ideas
Global competition
Ideas exchange commission
Quid pro quo - Answer Marketplace of ideas
,What case best illustrates symbolic speech?
Brandenburg v. Ohio
Schenck v. United States
Texas v. Johnson
Gitlow v. New York - Answer Texas v. Johnson
A law that regulates more speech than is necessary to accomplish a government
objective will most likely violate which doctrine?
Vagueness
Clear and present danger
Bad tendency
Overbreadth - Answer Overbreadth
Which of the following is NOT considered a public forum within free speech
jurisprudence?
Public sidewalks
Public parks
Courthouse lawns
Prisons - Answer Prisons
Which of the following is NOT a standard used to judge obscenity in Miller v. California
(1973)?
The work taken as a whole involves deviant sexual activity.
The work taken as a whole appeals to a prurient interest in sex.
The work portrays sexual conduct in a patently offensive way.
The work lacks serious literary, artistic, political, or scientific value. - Answer The work
taken as a whole involves deviant sexual activity
, Which of the following is NOT considered per se unprotected speech under the First
Amendment?
Offensive speech
Fighting words
Child pornography
False commercial advertising
Libel - Answer Offensive speech
A false publication in a newspaper that causes damages to a nonpublic figure is called:
Libel
Slander
Falsification
Written tort - Answer Libel
What element must be proven in order for a public figure to successfully bring a
defamation case?
Libel
Slander
Malice
Hostile intent - Answer Malice
What constitutional standard of scrutiny is applied to regulations of commercial speech?
Rational basis
Strict scrutiny
Intermediate scrutiny
Business necessity - Answer Intermediate scrutiny
Which liberty is NOT specifically stated in the text of the First Amendment?
