COLLINS JOUR 303 FINAL EXAM ACTUAL QUESTIONS AND
CORRECT DETAILED ANSWERS | COMPLETE TEST BANK
First amendment - CORRECT ANSWERS-congress shall make no law abridging the freedom of
speech or of the press
speech not under the umbrella of protection - CORRECT ANSWERS-criminal speech and porn
the only regulation on porn is child pornography
speech that is somewhat under the umbrella of protection - CORRECT ANSWERS-commercial
speech
6 rationales for regulating speech - CORRECT ANSWERS--yes, but... (need a compelling reason)
-somewhat protected (cable broadcast/commercial speech)
-not protected (criminal speech)
-time/place/manner (in order to be constitutional it must be: content neutral, reasonable, and cannot be
a complete ban on speech)
-expressive conduct
-derivative/secondary claims (right of access, journalistic privilege to withhold information)
if the first amendment protects anything, it's - CORRECT ANSWERS-political speech
if the first amendment prohibits anything, it's - CORRECT ANSWERS-prior restraint
article 1 of the constitution - CORRECT ANSWERS-established the legislative branch (congress)
article 2 of the constitution - CORRECT ANSWERS-established the executive branch (president)
,article 3 of the constitution - CORRECT ANSWERS-established the judicial branch (federal court
system)
five freedoms of the first amendment - CORRECT ANSWERS-speech, religion, press, assembly,
petition the govt
one example of a limit on the first amendment freedom of speech - CORRECT ANSWERS-going
under oath in court. you still have freedom of speech, but if you lie under oath you will be charged with
perjury
process of passing a law - CORRECT ANSWERS-bill is proposed, congress passes, committee
votes to pass, house votes to pass, senate votes to pass, president signs into law
a bill can be killed at any stage of this process by not winning the vote
3 part rational basis test - CORRECT ANSWERS--plaintiff is the challenger
-assume the law is constitutional
-courts test if the law has a rational basis
when do we use a rational basis test - CORRECT ANSWERS-to see if a law is constitutional
compelling interest test / strict scrutiny test - CORRECT ANSWERS--burden on the govt
-assume the law is not constitutional
-govt has to prove that they have a compelling reason to allow it (ex. war times)
this only applies to fully protected speech
when do we use a compelling interest test - CORRECT ANSWERS-if the govt tries to make a law
about something they're not supposed to, they need a compelling reason
4-step process to determine what a law mean - CORRECT ANSWERS--read the law
, -look for precedent
-look to the lawmakers (did the people who made the law give you any clues)
-look to the history of the times the law was made
constriction act - CORRECT ANSWERS-law that allowed the govt to have the draft
espionage act of 1919 - CORRECT ANSWERS-congress passed a law making it a crime to speak
out against the war effort during war times
Schenck v. US (1919) - CORRECT ANSWERS-Schenck mailed anti-draft pamphlets to people who
had been drafted and not yet reported, govt arrested Schenck and charged him with conspiring to violate
the espionage act, mailing violation, and violating the espionage act. Schenck is convicted and appeals
but lost because it was ruled that the espionage act did not violate the first amendment
Verdict from Schenck v US - CORRECT ANSWERS-if speech is intended to result in a crime, and
there is a clear and present danger that it will result in a crime, the first amendment does not protect the
speaker from govt action
is Schenck v. US current law - CORRECT ANSWERS-No, much has changed since then
2 types of law - CORRECT ANSWERS--criminal
-civil
4 sources of American law - CORRECT ANSWERS--constitution
-statutory law
-regulatory law
-common law
statutory law - CORRECT ANSWERS-made by legislators (criminal law)
regulatory law - CORRECT ANSWERS-regulations, ex. FCC
CORRECT DETAILED ANSWERS | COMPLETE TEST BANK
First amendment - CORRECT ANSWERS-congress shall make no law abridging the freedom of
speech or of the press
speech not under the umbrella of protection - CORRECT ANSWERS-criminal speech and porn
the only regulation on porn is child pornography
speech that is somewhat under the umbrella of protection - CORRECT ANSWERS-commercial
speech
6 rationales for regulating speech - CORRECT ANSWERS--yes, but... (need a compelling reason)
-somewhat protected (cable broadcast/commercial speech)
-not protected (criminal speech)
-time/place/manner (in order to be constitutional it must be: content neutral, reasonable, and cannot be
a complete ban on speech)
-expressive conduct
-derivative/secondary claims (right of access, journalistic privilege to withhold information)
if the first amendment protects anything, it's - CORRECT ANSWERS-political speech
if the first amendment prohibits anything, it's - CORRECT ANSWERS-prior restraint
article 1 of the constitution - CORRECT ANSWERS-established the legislative branch (congress)
article 2 of the constitution - CORRECT ANSWERS-established the executive branch (president)
,article 3 of the constitution - CORRECT ANSWERS-established the judicial branch (federal court
system)
five freedoms of the first amendment - CORRECT ANSWERS-speech, religion, press, assembly,
petition the govt
one example of a limit on the first amendment freedom of speech - CORRECT ANSWERS-going
under oath in court. you still have freedom of speech, but if you lie under oath you will be charged with
perjury
process of passing a law - CORRECT ANSWERS-bill is proposed, congress passes, committee
votes to pass, house votes to pass, senate votes to pass, president signs into law
a bill can be killed at any stage of this process by not winning the vote
3 part rational basis test - CORRECT ANSWERS--plaintiff is the challenger
-assume the law is constitutional
-courts test if the law has a rational basis
when do we use a rational basis test - CORRECT ANSWERS-to see if a law is constitutional
compelling interest test / strict scrutiny test - CORRECT ANSWERS--burden on the govt
-assume the law is not constitutional
-govt has to prove that they have a compelling reason to allow it (ex. war times)
this only applies to fully protected speech
when do we use a compelling interest test - CORRECT ANSWERS-if the govt tries to make a law
about something they're not supposed to, they need a compelling reason
4-step process to determine what a law mean - CORRECT ANSWERS--read the law
, -look for precedent
-look to the lawmakers (did the people who made the law give you any clues)
-look to the history of the times the law was made
constriction act - CORRECT ANSWERS-law that allowed the govt to have the draft
espionage act of 1919 - CORRECT ANSWERS-congress passed a law making it a crime to speak
out against the war effort during war times
Schenck v. US (1919) - CORRECT ANSWERS-Schenck mailed anti-draft pamphlets to people who
had been drafted and not yet reported, govt arrested Schenck and charged him with conspiring to violate
the espionage act, mailing violation, and violating the espionage act. Schenck is convicted and appeals
but lost because it was ruled that the espionage act did not violate the first amendment
Verdict from Schenck v US - CORRECT ANSWERS-if speech is intended to result in a crime, and
there is a clear and present danger that it will result in a crime, the first amendment does not protect the
speaker from govt action
is Schenck v. US current law - CORRECT ANSWERS-No, much has changed since then
2 types of law - CORRECT ANSWERS--criminal
-civil
4 sources of American law - CORRECT ANSWERS--constitution
-statutory law
-regulatory law
-common law
statutory law - CORRECT ANSWERS-made by legislators (criminal law)
regulatory law - CORRECT ANSWERS-regulations, ex. FCC
