Khan Academy Chapter 8
Which of the following scenarios is an example of how a state can reasonably restrict speech protected under the First Amendment?
A group of protesters is arrested after staging a sit-in on the governor's front lawn to protest a Voter ID law
Based on previous rulings, which of the following scenarios would most likely violate the freedom of speech clause of the First Amendment?
A man is charged with a crime for displaying an American flag with a taped peace symbol on it
Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as a symbolic speech case?
A man who was arrested for waving a Nazi flag at a rally
Based on previous rulings, which of the following scenarios would most likely violate the freedom of speech clause of the First Amendment?
A public school district bans students from wearing t-shirts supporting presidential candidates before an election
Which of the following scenarios would most likely be considered a violation of the Second Amendment? Choose 1 answer:
A state bans the sale and purchase of handguns
Which of the following actions by a news organization would most likely be protected from prior restraint based on the precedent established by New York Times Co. v. United States (1971)?
Broadcasting a televised report that analyzes classified information about government surveillance of other countries
In 1976, a Nebraska state trial judge issued a gag order, restricting the press from publishing or broadcasting information about the case. The Nebraska Press Association appealed the ruling and the case went to the Supreme Court. The Court ruled that the press reporting events surrounding the trial would not affect the defendant's right to a fair trial. Which of the following constitutional protections or clauses does this case have in common with New York Times Co. v. United States (1971)?
Freedom of the press
Prior restraint is best defined as which of the following?
Government censorship that blocks free speech or publication
Which of the following statements explains how the Supreme Court has attempted to balance the power of the government with protections for individual liberties?
In cases involving interpretations of the Second Amendment, the Court has shown a commitment to an individual's right to own a gun
Which statement accurately summarizes the impact of the New York Times Co. v. United States (1971) decision?
It limited the federal government's power to censor free speech or the publication of classified information
"The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature's authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution." Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008) People who disagree with Stevens's view on the rights protected under the Second Amendment could cite which of the following Supreme Court cases to support their argument?
McDonald v. Chicago (2010)
"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of 'arms' that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family, . . .would fail constitutional muster.'" -Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008) Supporters of Scalia's view that handgun bans violate Second Amendment rights could cite which of the following Supreme Court cases to support their argument? Choose 1 answer:
McDonald vs Chicago
"In the First Amendment, the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government." -Justice Hugo Black Supporters of Black's view that "only a free and unrestrained press can effectively expose deception in government" could point to which of the following cases?
New York Times Co. v. United States (1971)
Which of the following scenarios is an example of how a state can restrict protected speech under the First Amendment?
New York passes a law banning groups from staging protests in major highways during rush hour traffic
Which of the following actions by a news organization would most likely be protected from prior restraint based on the precedent established by New York Times Co. v. United States (1971)?
Reporting on a protest calling for the end of military involvement in South Korea
"The character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic." Justice Oliver Wendell Holmes Jr. Supporters of Justice Holmes's argument could point to which of the following cases?
Schenck v. United States (1919)
Which of the following amendment protects citizens from cruel and unusual punishments?
The Eighth Amendment
Which of the following scenarios is an example of how the federal government can restrict protected speech under the First Amendment?
The Federal Communications Commission (FCC) makes a rule requiring television networks to use an automated beep when a vulgar word is said on broadcast television
In recent years the Supreme Court has applied the decision across all states that individuals have the right to possess a firearm in the home for self-defense. Which of the following is a reason for this?
The Fourteenth Amendment applies the Second Amendment to the states
In 2013, Edward Snowden released classified information showing that the National Security Agency (NSA) was conducting a massive surveillance program by collecting data from major cell phone providers. Which of the following amendments provides the basis for an accusation of unconsitutional action by the NSA?
The Fourth Amendment
"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of 'arms' that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family, . . .would fail constitutional muster.'" -Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008) Which of the following statements is most consistent with the author's argument in this passage? Choose 1 answer:
The Second Amendment protects a person's right to own a gun from government infringement
Which of the following government policies would be most likely to draw criticism for interfering with individual rights under the Second Amendment?
The federal government passes a law banning the sale of automatic weapons to anyone under the age of twenty-one
Based on previous court rulings, which of the following scenarios would most likely violate the freedom of the press clause of the First Amendment?
The government prevents a radio talk show host from reporting on leaked information about surveillance of American allies
"Everyone believes that the FBI should have the tools it needs to catch dangerous criminals. But too often over the past decade, intelligence and law enforcement agencies choose approaches that sweep up information from millions of innocent Americans instead of targeting terrorists and criminals. These approaches don't make us safer. "The changes to Rule 41 allow the FBI to hack millions of victims of cybercrime. These victims of hacks are regular people, not criminals." -Cecilia Kang, "Ron Wyden Discusses Encryption, Data Privacy and Security," New York Times,October 9, 2016 Based on the text, which of the following statements would Senator Wyden most likely agree with?
The need for public safety should not exceed an individual's protection from unreasonable search and seizure
Which of the following civil liberties is protected under the Second Amendment?
The right to own guns
"It is clear that the ancient and humane limitation upon the State's ability to execute its sentences has as firm a hold upon the jurisprudence of today as it had centuries ago in England. The various reasons put forth in support of the common-law restriction [on executing the insane] have no less logical, moral, and practical force than they did when first voiced. For today, no less than before, we may seriously question the retributive value of executing a person who has no comprehension of why he has been singled out and stripped of his fundamental right to life." -Associate Justice Thurgood Marshall, majority opinion in Ford v. Wainwright (1986) Which of the following statements is most consistent with the author's argument in this passage? Choose 1 answer:
There are limits on who can be given a death penalty sentence
"In the First Amendment, the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government." -Justice Hugo Black Based on the text, which of the following statements would the author most likely agree with?
There should be a "heavy presumption against prior restraint" of freedom of speech
"The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners' interference, actual or nascent, with the schools' work or of collision with the rights of other students to be secure and to be let alone. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students." -Justice Abe Fortas Which of the following Supreme Court cases is most relevant to the topic of the passage?
Tinker v. Des Moines (1969)
In 1984, Gregory Lee Johnson burned an American flag in front of the Dallas City Hall in protest to Reagan administration policies. He was tried and convicted under a Texas law that prohibited people from desecrating a respected object. The case eventually went to the Supreme Court, which ruled in a 5-4 decision that Johnson had not violated the Constitution. Which of the following constitutional provisions does the case described in the scenario have in common with Tinker v. Des Moines (1969)?fr
freedom of speech clause
