JOMC 486 EXAM QUESTIONS WITH
CORRECT ANSWERS
first amendment - CORRECT ANSWER-congress shall make
no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech,
or of the press, or the right of the people peaceably to
assemble, and to petition the government for a redress of
grievances
levels of speech/expression - CORRECT ANSWER--pure
speech
-intermediate speech
-unprotected speech
pure speech - CORRECT ANSWER-given the highest level of
protection; examples: public speech, writing a letter, publishing
a newspaper or book
intermediate speech - CORRECT ANSWER-examples:
symbolic speech (conduct or action), advertising, broadcasting
unprotected speech - CORRECT ANSWER-examples: fighting
words, libel, obscenity
, Speech-Action Dichotomy - CORRECT ANSWER-actions
undertaken for expressive purposes may be regulated, but still
receive some protection; non-expressive actions have no First
Amendment protection
Political-Nonpolitical Speech Dichotomy - CORRECT
ANSWER-speech that is political in the sense of contributing to
self-government receives the highest level of protection;
artificial distinction between political and nonpolitical (the
personal IS political)
Content-Neutral, Content-Based Dichotomy - CORRECT
ANSWER-content-based regulation subjected to strict scrutiny;
content-neutral regulations judged by a less demanding
standard
strict scrutiny - CORRECT ANSWER-the most rigorous form of
judicial review
Brandenburg Test - CORRECT ANSWER-state may punish
speech that is seditious or may encourage criminal behavior if
there is evidence of:
-intent to incite violence
-imminence of violence
-likelihood of violence
O'Brien Test - CORRECT ANSWER-used for determining when
the state interest in regulating conduct is sufficient to justify
some limitations on symbolic expression or actions that have
some expressive purpose
-is the regulation within the constitutional power of
government?
-does it further SUBSTANTIAL governmental interest?
-is the governmental interest unrelated to the suppression of
expression?
CORRECT ANSWERS
first amendment - CORRECT ANSWER-congress shall make
no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech,
or of the press, or the right of the people peaceably to
assemble, and to petition the government for a redress of
grievances
levels of speech/expression - CORRECT ANSWER--pure
speech
-intermediate speech
-unprotected speech
pure speech - CORRECT ANSWER-given the highest level of
protection; examples: public speech, writing a letter, publishing
a newspaper or book
intermediate speech - CORRECT ANSWER-examples:
symbolic speech (conduct or action), advertising, broadcasting
unprotected speech - CORRECT ANSWER-examples: fighting
words, libel, obscenity
, Speech-Action Dichotomy - CORRECT ANSWER-actions
undertaken for expressive purposes may be regulated, but still
receive some protection; non-expressive actions have no First
Amendment protection
Political-Nonpolitical Speech Dichotomy - CORRECT
ANSWER-speech that is political in the sense of contributing to
self-government receives the highest level of protection;
artificial distinction between political and nonpolitical (the
personal IS political)
Content-Neutral, Content-Based Dichotomy - CORRECT
ANSWER-content-based regulation subjected to strict scrutiny;
content-neutral regulations judged by a less demanding
standard
strict scrutiny - CORRECT ANSWER-the most rigorous form of
judicial review
Brandenburg Test - CORRECT ANSWER-state may punish
speech that is seditious or may encourage criminal behavior if
there is evidence of:
-intent to incite violence
-imminence of violence
-likelihood of violence
O'Brien Test - CORRECT ANSWER-used for determining when
the state interest in regulating conduct is sufficient to justify
some limitations on symbolic expression or actions that have
some expressive purpose
-is the regulation within the constitutional power of
government?
-does it further SUBSTANTIAL governmental interest?
-is the governmental interest unrelated to the suppression of
expression?
