Lesson 2

How many people need to hold an opinion before it becomes valid?

1

According to Mill, what must an individual do in order to really know something?

Be familiar with both sides of a case

Government may regulate speech in traditional public forums, such as parks and sidewalks, in which way?

Because those areas have traditionally been open for a wide variety of expression, the government generally must allow people to say whatever they want in those places.

What does Mill suggest a "collision with error" does?

Confirms Truth

True/False: Content-neutral laws are never allowed under the First Amendment because they target speech due to disagreement with its content.

False

True/False: Mill believes it is wrong for individuals, societies, or governments to act on an opinion until it has been ultimately proven as truth.

False

Which of the following is correct, according to the Trager text? -The First Amendment's proscription against abridging speech and press applied originally to both federal and state governments. -The Bill of Rights was part of the original Constitution. -When one was accused of seditious libel or criticism of the government in England and in the colonies, the best defense was truth. -In the John Peter Zenger trial, the jury refused to convict Zenger for printing truthful information.

In the John Peter Zenger trial, the jury refused to convict Zenger for printing truthful information.

According to Mill, why is it wrong for an individual to refuse to hear another's opinion?

It assumes that an individual is infallible.

What are two ways of imposing rules of conduct on people?

Laws, then opinion

Which of the following is not correct? -The safety valve theory holds that speech should not be suppressed so people can let off steam in lieu of violence. -The marketplace of ideas theory holds that truth rises to the top but requires tolerance for some communication of falsity. -Speech and communication can serve as a check on government to ensure it does not abuse its power. -One of the most important justifications for freedom of speech is that corporations should be able to profit from sales of goods and services.

One of the most important justifications for freedom of speech is that corporations should be able to profit from sales of goods and services.

Which of the following is not correct? -Strict scrutiny of government regulation implies, in part, that government must impose the least restrictive means possible to achieve its compelling interests. -In general, governments are allowed to regulate the time, place, and manner in which expression takes place. -State and federal governments can always regulate expression based on the ideas contained in a particular expression. -Vague laws restricting expression are so unclear as to not be easily understood; overbroad laws restricting expression prohibit too much

State and federal governments can always regulate expression based on the ideas contained in a particular expression.

Which of the following is most correct? -In ad hoc balancing, the court does not take into account the particular facts of a case. -The original intent of the framers about the First Amendment is easily determined because of the extensive writings they left behind about the topic. -Supreme Court justices may attempt to discern what the framers, or original writers, of the Constitution may have intended the First Amendment to mean. -Balancing of relevant interests is not used by the Supreme Court in deciding First Amendment cases.

Supreme Court justices may attempt to discern what the framers, or original writers, of the Constitution may have intended the First Amendment to mean.

Which of the following is not correct? -Prior restraint or censorship is generally disfavored by courts interpreting the First Amendment. -The Licensing Act in Great Britain expired in the late seventeenth century. -The First Amendment allows vigorous prosecution of seditious libel. -Blackstone believed that freedom of the press meant that censorship or prior restraint was generally not allowed but punishment after publication was okay.

The First Amendment allows vigorous prosecution of seditious libel.

Which of the following is correct, according to the Trager text? -The marketplace of ideas theory, attributed to John Milton, holds that truth will always prevail in competition with falsity. -America's legacy of free speech came from England, where the press has been free and uncensored since its introduction in the mid-1400s. -Traditional prior restraints include torture and death. -Post-publication punishments are imposed before a text goes to print.

The marketplace of ideas theory, attributed to John Milton, holds that truth will always prevail in competition with falsity.

What does Mill believe to be the only reason for which society can impose on an individual's liberty against his will?

To prevent harm to others

True/False: Private property may become a public forum for expression when it replaces traditional public space. For example, a privately owned shopping mall might be required to allow expression of views with which its owners do not agree.

True

True/False: Strict scrutiny means the courts look very carefully at legislation and require a high degree of justification by the government for regulating speech.

True

According to Mill, what happens when an opinion is silenced? -The human race has been robbed. -Society loses the opportunity to strengthen truth by confronting a falsehood. -Society loses the opportunity to discover new truth. -all of the above

all of the above

As stated by Mill, what is one of the greatest services that mankind can render one another?

to prove the world has been mistaken on a vital point of interest

According to Mill, what is one of the evils that society should guard against?

tyranny of the majority