POLI 411 QUIZ #4 QUESTIONS WITH CORRECT ANSWERS LATEST UPDATE 2026

POLI 411 QUIZ #4 QUESTIONS WITH CORRECT ANSWERS LATEST UPDATE 2026 Edwards v Aguillard (Facts) - Answers Creationism v Evolutionism, Lousiana statute that required the teaching of creationism if evolution were to be talked about. John Aguillard thought this violate the establishment clause. The American Academy of sciences wrote an Amicus brief that creationism isn't science Edwards v Aguillard (Decision) - Answers Sided with Aguillard, stated if the purpose of the legislation is to advance or promote religion that law is dead upon arrival. "While the court is normally deferential to a secular purpose it has to be sincere and not a sham." Edwards v Aguillard (Dissent) - Answers Supreme Court should not inject its own opinion on what the legislature was trying to intend Roberts Quote on Speech (Snyder v Phelps) - Answers "Speech is powerful. It can stir people to action, move them to both tears of joy and sorrow, and as it did here-inflict great pain." Historical Efforts to Restrict Speech - Answers Sedition Act of 1798: Most restrictive act against free speech ever. Made it a crime to defame govt. by bringing them in contempt or disrepute. Designed to stamp out sedition and blasphemy, especially by members of opposing political party. Civil War Period: Efforts of Abraham Lincoln to prevent "treacherous behavior" and insubordination among soldiers Russian Red Scare Period: Espionage Act of 1917 to stamp out socialism from American society Nature of Freedom of Speech - Answers Free speech is necessary for individuals to reach their fullest potential. Free speech is essential for advancing the truth and discovering new knowledge Free speech is not absolute, may be restricted b/c of its effect on others or on the governments ability to function. Freedom of Speech is - Answers The most important freedom, can achieve all other freedoms with freedom of speech Reasons why Freedom of Speech is Important - Answers 1. Essential as a means of assuring individual self-fulfillment and realization of one's potential. 2. Essential for advancing the truth 3. Effective way for acquiring other freedoms 4. Our government is derived from the consent of the governed. Free speech is essential for participation in government decision making by all. 5. A means for achieving a stable and adaptable society in accordance with our living constitution Punishing Harmful Speech - Answers Speech that falls outside the First Amendment protection is: Speech that incites illegal action such as the overthrow of the government Libel and Slander Obscenity (lascivious speech lacking redeeming societal value) Fighting words Schenk v US (1919) (Facts) - Answers Facts: Schenk, a socialist distributed 15,000 pamphlets to discourage enlistment in the armed forces Schenk v US (Decision) - Answers Justice O.W. Holmes announced the decision against Schenk and declared the clear and present danger test for judging speech cases. Presents a clear and present danger when it brings about substansive evils that Congress has the right to prove. There needs to be immience, and without it, the government lacks the ability to restrict the speech. Gitlow v NY (1925), Facts - Answers Gitlow, a socialist and NYS legislator, edited the Communist Manifesto, calling for action to overthrow the capitalist system of NY Gitlow v NY, Decision - Answers Justice Samford upholds Gitlow's conviction. The case incorporated the freedom of speech through the due process of clause of the 14th amendment. Announced the bad tendency test-Do the words have a tendency or intent to bring about something evil The Bad Tendency Test - Answers Is the most invasive attack on first amendment protections because to proscribe intent is like to proscribe belief, belief is absolute, while conduct can be restricted. Dennis v US (1951) Facts - Answers Dennis and 11 others were accused of violated the Internal Security Act (The Smith Act). Defendants organized activities to further the Communist Party of the US and were prosecuted. Dennis v US, Decision - Answers C.J. Vinson ruled against Dennis. The Smith Act permits the change of government by peaceful, not violent means. Distinguished between advocacy and discussion. Announced the clear and probable danger test. Brandenburg v Ohio (1969), Facts - Answers KKK leader Brandenburg was accused of violating Ohio's criminal syndicalism law. Klan organizers organized at the edge of a city, burned a cross and made a speech. Speech said if any governmental official tried to repress the White race there would be revenge. Brandenburg v Ohio, Question - Answers Is he protected under the first amendment to make that speech, where he is threatening government officials? Brandenburg v Ohio, Decision - Answers Per curiam in favor of Brandenburg, ending the period of strict restriction on speech. Wins the case because he did not threaten a specific individual. Case represents an inflection point in free speech jurisprudence. Chaplinksy v New Hampshire (1942), Facts - Answers Facts: Chaplinsky was a Jevoah's Witness that was preaching and distributing leaflets near City Hall in Rochester, NH. A crowd gathered and a riot ensued. Chaplinsky asked the Police Marshall to arrest the rioters. Police Marshall called him a "bastard" with which Chaplinsky called the Police Marshall back a "God dammed racketeer" and a "damned facist" Chaplinsky v NH (Question) - Answers Is the statute sufficiently narrowly drawn to keep the peace? Chaplinsky v NH (Decision) - Answers The court ruled in favor of NH and announced the Fighting Words Doctrine Fighting Words Doctrine - Answers Those personally abusive epithets whose utterance inflict injury or tend to incite an immediate breach of the peach. They are among a limited class of speech whose proscription and punishment has never posed a constitutional problem, including lewd, obscene libelous, profane language. Such language without a disarming smile provokes the average person to fight US v O'Brien, Facts - Answers O'Brien burned his draft card in protest of the Vietnam War and was prosecuted for "willingfully and knowingly" mutilating his draft card by burning it. Convicted under the Selective Service Act of 1948. 2nd circuit reversed saying that the Act was directed at Public property as opposed to private property, US appeals. US v O'Brien, Decision - Answers In favor of the US. Court propped up the war effort; promoting administrative connivence O'Brien Test - Answers 1. Regulation is within the Constitutional power of the government 2. Regulation furthers an important or substantial government interest 3. Government interest is unrelated to the suppression of freedom of expression