Select a Chapter to start the court case quiz.
Court case: Brown v. Entertainment Merchants Association
The dissent argues that the Court should not dismiss the views of the ______.
lower courts
Congress
past precedent
the state legislators who passed the law
Court case: Hustler Magazine v. Falwell
Criticism of public figures ______.
will not always be reasoned
will not always be moderate
may be unpleasant and sharp
all of these
Court case: New York v. Ferber
The Court rejects the argument that the state has a compelling interest to protect minors.
Court case: New York Times v. Sullivan
The Court makes clear that the publication here is an advertisement.
Court case: Miller v. California
The Court upholds the standard that the community standards are national.
The Court reiterates that states have a legitimate interest in prohibiting obscene material.
The Court says that the Miller standard is not the solution for the child pornography problem.
Court case: Reno v. American Civil Liberties Union
O’Connor suggests that the CDA should only be invalidated as it infringes on the rights of adults to transmit communication between adults.
Court case: Roth v. United States
All ideas that ______ have full protections of the First Amendment.
have been approved by the government
have the slightest redeeming value
will not offend others
none of these
For the Court, libel _____.
must be measured against standards that satisfy the First Amendment
must be measured against the harm done to the victim
must be measured in the context in which the libel occurred
The Court argues that the breadth of this law is wholly unprecedented.
Historically, as early as 1712, obscenity has been protected speech in the United States.
The Court recognizes the national problem of child pornography and how states have dealt with the issue.
The CDA does not define indecent or patently offensive.
A public figure can still recover damages when they can prove ______.
a statement is false with the requisite level of culpability
the statement is simply false
the intent of the speech was not nice
Douglas would have a constitutional amendment passed if obscenity is to be regulated.
The Court was badly split on how it wanted to decide this case.
The Court says that infliction of emotional distress is not sufficient to deny First Amendment protection for speech.
The Court cites ______ to help justify its decision.
Reynolds
Roth
Stevens
Reno
The Court argues that the CDA will have no effect on self-censorship.
Brennan dissents because he would still consider whether depictions of children still have serious literary, scientific, or medical value.
The Court believes the internet is not invasive like radio or television.
The Court says its only job is to determine whether the law passed has a constitutional problem.
The Court rejects the Hicklin Test.
Which justice supports the Memoirs test according to the Court?
Brennan
Marshall
Burger
The standard the Court sets for determining whether libel laws violate the First Amendment is ______.
probable malice
actual malice
clear and compelling evidence
partial malice
The key to stopping libel is the fear of civil lawsuits rather than criminal charges.
For the Court, sex and obscenity are not synonymous.
The Court relies on the Sullivan standard in this case.
The Court uses which of the following cases to build its argument in this case ______.
Chaplinsky
Sullivan
Hustler
Which of the following is not part of the Miller Test?
consider materials by state standards
states must prove a work is utterly without redeeming social value
work is considered as a whole
consider the impact on the average person
Black dissents because he believes the First and 14th Amendments prohibit a state from imposing damages from suits brought by public officials.
The Court rejects the “utterly without redeeming social value test.”
Which of the following is not part of the Roth Test?
consider the work as a whole
consider who could see the work
consider if the work appeals to the prurient interest
The Court invokes the clear and present danger test here.
The Court adjusts the Miller standard so that ______.
the material does not need to appeal to the prurient interest of the average person
the material does not have to be portrayed as patently offensive
the material does not need to be considered as a whole
The Court argues that video games, unlike movies and plays, do not communicate ideas.
The Court believes the level of scrutiny in this case should be ______.
strict scrutiny
rational basis
intermediate
False statements about a public official may only be repressed if they present a clear and present danger.
The Court finds the state’s evidence compelling to justify its law.
