JOMC 486 REVIEWED QUESTIONS
AND ANSWERS
What is the highest level of speech? - CORRECT ANSWER-
pure speech
What is considered pure speech? - CORRECT ANSWER-
public speech, writing
What is considered intermediate speech? - CORRECT
ANSWER-symbolic, advertising, broadcasting
What is considered "unprotected" speech - CORRECT
ANSWER-fighting words, libel, obscenity, threats, fraud
What are the levels of scrutiny? - CORRECT ANSWER-strict,
intermediate, rational
What level of scrutiny is used w/ content-based speech? -
CORRECT ANSWER-strict
What level of scrutiny is used w/ content-neutral speech? -
CORRECT ANSWER-intermediate
Content Based - CORRECT ANSWER-restrictions on the
subject matter or the ideas expressed in the regulated speech
content neutral - CORRECT ANSWER-time, place, and manner
restrictions
,T/F: protection for newsgathering is strong - CORRECT
ANSWER-false. it is weak. "most hostile of the three
dichotomies"
Brandenburg v. Ohio - CORRECT ANSWER-Gov't can't punish
or prohibit inflammatory speech unless it is likely to incite
imminent lawless action.
Ohio Criminal Syndicalism Act - CORRECT ANSWER-Used to
restrict speech made by socialists, radicalists, labor unions
Brandenburg Test - CORRECT ANSWER-Speech can be
restricted based on three factors:
- Imminence
- Likely to incite
- intent to incite imminent lawless action
Lead to clear and imminent danger test
Speech Action Dichotomy - CORRECT ANSWER-
Differentiation between speech and action and what is
protected.
1) pure speech is wholly protected
2) Actions undertaken for expressive purposes may be
regulated, but still receive some protection
3) non-expressive actions have no 1st amendment protection
What type of scrutiny was used in Brandenburg ? - CORRECT
ANSWER-strict. facial challenge to a statute
US vs. O'Brien - CORRECT ANSWER-Burning a draft card is
not protected by free speech.
O'Brien Test - CORRECT ANSWER-a four-part test used to
determine whether a content-neutral law is constitutional
1) is reg. within the constitutional power of the government?
2) Does it further substantial gov. interest?
, 3) gov. interest unrelated to the suppression of expression?
4) is any incidental restriction on 1st amend. freedoms no
greater than necessary for furthering the gov. interest?
When should the O'Brien test be used? - CORRECT ANSWER-
To determine when state interest in regulating conduct is
sufficient to justify some limitations on expression
Texas v. Johnson - CORRECT ANSWER-A 1989 case in which
the Supreme Court struck down a law banning the burning of
the American flag on the grounds that such action was
symbolic speech protected by the First Amendment.
What was the concurring opinion of Justice Kennedy in Texas
v. Johnson? - CORRECT ANSWER-didn't like allowing flag
burning as a form of free speech....but constitution demands as
much room as possible for freedom of expression
Fighting Words - CORRECT ANSWER-words that by their very
nature inflict injury or tend to incite an immediate breach of the
peace
R.A.V. v. City of St. Paul - CORRECT ANSWER-In this 1986
case, the Supreme Court struck down a hate crimes law that
prohibited cross burning.
Anger, alarm and resentment: fighting words? - CORRECT
ANSWER-too broad, not what fighting words doctrine covers
Fighting Words Doctrine - CORRECT ANSWER-the idea that
censorship can be justified against inciting provocation to
violence
- applies to primarily (if not only) face-to-face situations
- injury must be more than emotional
- regulation MUST BE content neutral!!!!
AND ANSWERS
What is the highest level of speech? - CORRECT ANSWER-
pure speech
What is considered pure speech? - CORRECT ANSWER-
public speech, writing
What is considered intermediate speech? - CORRECT
ANSWER-symbolic, advertising, broadcasting
What is considered "unprotected" speech - CORRECT
ANSWER-fighting words, libel, obscenity, threats, fraud
What are the levels of scrutiny? - CORRECT ANSWER-strict,
intermediate, rational
What level of scrutiny is used w/ content-based speech? -
CORRECT ANSWER-strict
What level of scrutiny is used w/ content-neutral speech? -
CORRECT ANSWER-intermediate
Content Based - CORRECT ANSWER-restrictions on the
subject matter or the ideas expressed in the regulated speech
content neutral - CORRECT ANSWER-time, place, and manner
restrictions
,T/F: protection for newsgathering is strong - CORRECT
ANSWER-false. it is weak. "most hostile of the three
dichotomies"
Brandenburg v. Ohio - CORRECT ANSWER-Gov't can't punish
or prohibit inflammatory speech unless it is likely to incite
imminent lawless action.
Ohio Criminal Syndicalism Act - CORRECT ANSWER-Used to
restrict speech made by socialists, radicalists, labor unions
Brandenburg Test - CORRECT ANSWER-Speech can be
restricted based on three factors:
- Imminence
- Likely to incite
- intent to incite imminent lawless action
Lead to clear and imminent danger test
Speech Action Dichotomy - CORRECT ANSWER-
Differentiation between speech and action and what is
protected.
1) pure speech is wholly protected
2) Actions undertaken for expressive purposes may be
regulated, but still receive some protection
3) non-expressive actions have no 1st amendment protection
What type of scrutiny was used in Brandenburg ? - CORRECT
ANSWER-strict. facial challenge to a statute
US vs. O'Brien - CORRECT ANSWER-Burning a draft card is
not protected by free speech.
O'Brien Test - CORRECT ANSWER-a four-part test used to
determine whether a content-neutral law is constitutional
1) is reg. within the constitutional power of the government?
2) Does it further substantial gov. interest?
, 3) gov. interest unrelated to the suppression of expression?
4) is any incidental restriction on 1st amend. freedoms no
greater than necessary for furthering the gov. interest?
When should the O'Brien test be used? - CORRECT ANSWER-
To determine when state interest in regulating conduct is
sufficient to justify some limitations on expression
Texas v. Johnson - CORRECT ANSWER-A 1989 case in which
the Supreme Court struck down a law banning the burning of
the American flag on the grounds that such action was
symbolic speech protected by the First Amendment.
What was the concurring opinion of Justice Kennedy in Texas
v. Johnson? - CORRECT ANSWER-didn't like allowing flag
burning as a form of free speech....but constitution demands as
much room as possible for freedom of expression
Fighting Words - CORRECT ANSWER-words that by their very
nature inflict injury or tend to incite an immediate breach of the
peace
R.A.V. v. City of St. Paul - CORRECT ANSWER-In this 1986
case, the Supreme Court struck down a hate crimes law that
prohibited cross burning.
Anger, alarm and resentment: fighting words? - CORRECT
ANSWER-too broad, not what fighting words doctrine covers
Fighting Words Doctrine - CORRECT ANSWER-the idea that
censorship can be justified against inciting provocation to
violence
- applies to primarily (if not only) face-to-face situations
- injury must be more than emotional
- regulation MUST BE content neutral!!!!
