MC4163 Exam One

When it comes to the First Amendment, citizens should train themselves to separate what?

wishes from accurate descriptions.

What is the NAME of the federal district court in which a Stillwater resident would file a First Amendment lawsuit?

Western, in OKC

Under the doctrine of incorporation, the First Amendment is among the "liberties" protected by which Amendment's due process clause

14th

Oklahoma's state district judges are voted in bench races for terms of how long?

4 years

How many judges sit on the Oklahoma Court of Criminal Appeals?

5

Oklahoma's appelare justices and judges face a vote of retention how often?

6 years

Oklahoma has how many district courts?

77

How many judges sit on the Oklahoma Supreme Court?

9

The Fifth Circuit's ruling that Mckesson could be sued because he was careless could have what kind of effect on speech?

A chilling effect

Under Brandenburg, which statement is MOST accurate?

Advocating abstract ideas, even the use of force or illegal conduct in the abstract is protected.

In ruling on the FCC's Restoring Internet Freedom rules, the DC Circuit ...

Agreed that the FCC could allow broadband providers to slow or block access to the internet and also favor their own services over a competitor's.

I am not so much concerned with the right of everyone to say anything he pleases as I am about our need as a self-governing people to hear everything relevant." Which First Amendment THEORIST would MOST likely agree with that statement?

Alexander Meiklejohn

Which statement about public forums is LEAST accurate?

All government-owned property must be opened to public expression.

Which statement about Oklahoma's Campus Free Speech statute is LEAST accurate?

Applies to private colleges and universities.

Regarding student-run publications, federal courts have consistently held that public university officials ...

Are not liable for the content of such publications if school officials haven't exercised editorial control.

3. To be constitutional, a reasonable time, place and manner regulation must ...

Be content neutral on its face and the manner in which it's applied.

In Red Lion Broadcasting v. FCC, the SCOTUS ruled that . . .

Broadcasters act as trustees of a scarce, publicly owned resource that is pervasive and has a history of government regulation.

In ruling on the @realDonaldTrump account, the Second Circuit said if the First Amendment means anything, it means the best response to disfavored speech on matters of public concern is more speech, not less.

Counterspeech Doctrine

According to FIRE, which statement regarding speech codes is LEAST accurate?

Courts would likely uphold a speech code prohibiting comments, symbols or slogans that are rude, demean or imply negative connotations about another individual's racial, ethnic or sexual affiliation.

In Texas v. Johnson, the SCOTUS said "a principal function of free speech under our system of government is to invite what?

Dispute, and that it might best serve that purpose even when it "stirs people to anger."

The SCOTUS ruling in Near v. Minnesota (1931) relied upon what doctrine to make freedom of the press fully applicable to the states.

Doctrine of Incorporation

Under the First Amendment, public university administrators are MOST LIKELY ALLOWED to ...

Expel a student who distributes hoax fliers saying final exams are canceled.

Then-University of Oklahoma President David Boren expelled two Sigma Alpha Epsilon members from the school for leading a racist chant during a fraternity outing.

False

A diversity of citizenship action is typically heard in WHICH COURT SYSTEM?

Federal District Court

List the FIVE rights the First Amendment explicitly protects

Freedom of Speech Freedom of Religion Freedom of the Press Freedom of Peaceful Assembly Freedom to Petition the government for Redress of Grievances

In ruling on the Trump administration's attempt to stop publication of former National Security Adviser John Bolton's book, Judge Lamberth ruled ...

He would not order the nationwide seizure and destruction of a political memoir because with hundreds of thousands of copies already around the globe — many in newsrooms — the damage had already been done.

What is the greatest threat to the First Amendment?

Ignorance. You can't defend the freedoms if you don't know what they are.

Which statement about application of the counterspeech doctrine is LEAST accurate?

In Linmark Associates Inc. v. Township of Willingboro, Justice Thurgood Marshall agreed with banning "for sale" signs in the midst of white flight because the township could not sufficiently educate the public to promote integrated housing.

Which statement regarding the First Amendment is LEAST accurate?

Individuals are censored less when societal interests are more valued under the First Amendment than the rights of the speaker or publisher.

Article II, Section 22, of the Oklahoma Constitution ...

Is intended to protect speech needed for political self-government.

Who is the Chief Justice of the United States now?

John Roberts (John G. Roberts, Jr.)

In Reno v. ACLU (1997), the SCOTUS ...

Left open the door to lessening the internet's First Amendment protection by saying only that its earlier cases provided no basis for lowering the level of protection for the medium.

Which statement regarding freedom of the press is LEAST accurate?

Liberty of the press means freedom from the consequences for publishing improper or illegal material.

Though all the winds of doctrine were let loose to play upon the earth, so Truth be in the field, we do injuriously by licensing and prohibiting to misdoubt her strength. Let her and Falsehood grapple, who ever knew Truth put to the worse in a free and open encounter?" That quote BEST represents which First Amendment THEORY?

Marketplace of Ideas

Under the concept of _____ all data on the internet must be treated equally, no matter who created it, and ISPs may not manipulate or influence the choices that consumers make to favor products created by those ISPs.

Net Neutrality

In Miami Herald v. Tornillo (1974), the SCOTUS said ...

Newspapers could not afford financially to expand their column space infinitely to accommodate the replies required by the statute.

Explain if Article II, Sec. 22 of the Oklahoma Constitution offers absolute freedom of speech and press

No. Unlike the wording of the first amendment, the state supreme court has noted, Oklahoma's constitutional guarantee of free speech and press carries with it an explicit "responsibility for an abuse of that right".

Under the First Amendment, the government may . . .

Not ban unpopular, controversial speech for the reason that most people find it offensive.

Under the First Amendment, the government may ...

Not prohibit burning the American flag as a means of political protest.

Which statement about the settlement in Cowboys for Life v. Sampson is LEAST accurate?

OSU officials may ban racist, sexist and other hateful speech from campus.

In Oklahoma, which court makes the majority of appellate decisions in civil cases?

Oklahoma Court of Civil Appeals

In Oklahoma, appeals of civil cases go from state trial courts to which appellate court first?

Oklahoma Supreme Court

Under the First Amendment, ...

Political speech receives more protection than commercial speech.

6. Protesters are entitled to ...

Post political signs in their own front yards.

Federal Judges and Justices are nominated by whom?

President

Government MAY ...

Prohibit all speakers on a public university campus from singing, chanting, whistling, shouting, yelling and using bullhorns, megaphones and other voice-amplifying devices outside classroom buildings during regularly scheduled classes.

Which statement about freedom of speech at public universities is LEAST accurate?

Public university employees by virtue of their employment surrender their First Amendment right to speak in their private capacity on matters of public concern.

Under the First Amendment, the government may also ...

Remove protesters who are attempting to disrupt a speech or political rally by exercising a heckler's veto over the speaker or rally's organizer.

Which statement about the counterspeech doctrine is LEAST accurate?

Rigorous debate and counter proposals are unlikely to subject malicious speakers to scrutiny or flesh out policies most attractive to the populace.

In the "Pentagon Papers" case, the SCOTUS...

Ruled the government had not met its heavy burden of justifying a prior restraint.

Which First Amendment theory specifically contends that without free expression, the real problems of society remain hidden and fester into a violent revolution?

Safety Valve

Based on Virginia v. Black (2003) and United States v. Heineman (10th Cir. 2014), which statement about true threats in Oklahoma is LEAST accurate?

Speech may be deemed unprotected as a true threat if a reasonable person would objectively regard the statement as a threat.

Which speech would NOT be protected under Brandenburg?

Speech telling a willing audience to "take these rocks and stone him now."

Which statement about the SCOTUS ruling in Packingham v. North Carolina is LEAST accurate?

The First Amendment applied to the North Carolina statute under the counter speech doctrine.

In granting the government's request for an injunction against The Progressive prohibiting publication of the H-bomb article, the federal district judge distinguished The Progressive case from the Pentagon Papers case. Which was NOT a distinguishing factor?

The First Amendment rights for a magazine such as The Progressive are less than those of an important daily newspaper such as The New York Times.

Federal Judges and Justices are confirmed by whom?

The US Senate

Which statement about the 10th Circuit's ruling in the McCraw v. OKC case regarding Oklahoma City's revised ordinance restricting pedestrian use of certain street medians is LEAST accurate?

The court ruled the city's ordinance did not place a severe burden on the plaintiffs' speech.

The phrase "This speech isn't protected, because you can't shout 'Fire!' in a crowded theater" is historically ignorant because . . .

The device was uttered by a career totalitarian in a long-overturned case about jailing draft protesters.

Which statement about protection for speech is MOST accurate?

The mere tendency of speech to encourage unlawful acts is sufficient reason to punish the speech.

In Healy v. Carter (1972), the SCOTUS said ...

The public college campus is especially a marketplace of ideas and not immune from the sweep of the First Amendment.

Which statement about Oklahoma's Campus Free Speech statute is LEAST accurate?

The statute permits unwelcome harassment that is so severe, pervasive and subjectively and objectively offensive that the recipient is effectively denied equal access to educational opportunities or benefits provided by the school.

In the McCraw v. OKC case regarding Oklahoma City's revised ordinance restricting pedestrian use of certain street medians, the 10th Circuit for the U.S. Court of Appeals said ....

The street medians are a traditional public fora because they share fundamental characteristics with other traditional fora such as public streets and because of the long tradition of expressive activity occurring on them.

The U.S. Department of Education's Office of Civil Rights has said ...

To create a hostile environment, harassment must be sufficiently severe, persistent or pervasive as to limit or deny a student's ability to participate in or benefit from an educational program.

"The law changes all of the time" is a truism of no value in determining if protected speech is likely to become unprotected because changes in First Amendment law don't come out of the blue.

True

In Bible Believers, the speakers were at odds with the crowd, who reacted against the speakers. But in Nwanguma v. Trump, the crowd supported Trump and reacted against the protesters.

True

Who determines today's meaning of the First Amendment?

US Supreme Court

Under the Preferred Position Balancing Theory, the government's restriction on speech or press is PRESUMED TO BE . . .

Unconstitutional

In Near v. Minnesota (1931), the U.S. Supreme Court ruled that prior restraints by the government were ...

Unconstitutional in this case, but might be permissible in some circumstances, such as to prevent obscenity or to protect national security during wartime

What is the term the SCOTUS has used to identify government laws, rules, or decisions that favor or disfavor one or more opinions on a particular controversy?

Viewpoint discrimination

In Papish v. Board of Curators of the University of Missouri (1973), the SCOTUS said Healy had made clear that the mere dissemination of offensive ideas on a state university campus could not be shut off in the name of conventions of what?

decency

In Texas v. Johnson (1989), the SCOTUS said, "If there is a bedrock principle underlying the First Amendment, it is that government cannot *prohibit the expression* of an idea simply because . . .

society finds the idea itself offensive or disagreeable.