CJE Newest Exam Questions And
Well Verified Correct Answers | 100%
Correct | Graded A+
West Virginia State Board of Education v. Barnette (1942) -ANSWER BOE required
teachers and students to salute flag. Refusal to salute was considered insubordination,
punishable by expulsion and charges of delinquency. In 6-to-3 decision, Court overruled
its decision in Minersville School District v. Gobitis and held that compelling public
schoolchildren to salute the flag was unconstitutional. The Court found that such a
salute was a form of utterance and was a means of communicating ideas.
New York Times v. Sullivan (1964) -ANSWER This U.S. Supreme Court case extended
the First Amendment's guarantee of free speech to libel cases brought by public
officials. The Supreme Court sought to encourage public debate by changing the rules
involving libel that had previously been the province of state law and state courts, and
that a public official cannot receive damages unless statements were made in "actual
malice."
LB. Sullivan, the Montgomery city commissioner responsible for supervising the city
police department, filed a libel suit against four African American clergymen and the
New York Times in Alabama state court, alleging an ad seeking contributions to the civil
rights movement libeled him. The judge instructed the jury that under Alabama law, if
the statements were found libelous, falsity and malice were presumed, and damages
could be awarded without direct proof of financial loss. The jury concluded that the
statements did concern Sullivan and awarded him $500,000 for injuries to his reputation
and profession. The U.S. Supreme Court reversed, holding that the Rule of Law applied
by Alabama violated the First Amendment.
Brandenburg v. Ohio (1968) -ANSWER Brandenburg, a Ku Klux Klan leader, made a
speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law.
The law made illegal advocating "crime, sabotage, violence, or unlawful methods of
terrorism as a means of accomplishing industrial or political reform," as well as
assembling "with any society, group, or assemblage of persons formed to teach or
advocate the doctrines of criminal syndicalism." The Court's opinion held that the Ohio
law violated Brandenburg's right to free speech. The Court used a two-pronged test to
evaluate speech acts: (1) speech can be prohibited if it is "directed at inciting or
producing imminent lawless action" and (2) it is "likely to incite or produce such action."
The criminal syndicalism act made illegal the advocacy and teaching of doctrines while
ignoring whether that advocacy and teaching would actually incite imminent lawless
action. Failure to make this distinction rendered the law overly broad and in violation of
the Constitution.
, Tinker v. Des Moines Independent Community School District - 1969 -ANSWER The
Supreme Court decision declared students' First Amendment rights did not stop at the
school door. They had the right to express their political views, in this particular case
with black arm bands as a protest of the Vietnam War, as long as the expression did not
disrupt class work or disrupt the rights of others.
Bethel School District v. Fraser- (1986) -ANSWER Matthew Fraser made a nominating
speech at an assembly, lewd and sexual in nature, and he was disciplined. The Court
ruled the school was within its right to prohibit vulgar language at school. The court
declared that vulgar speech is not politically protected speech.
Hazelwood v. Kuhlmeiern 1988 -ANSWER this case established standard for censorship
of school newspapers. The Court ruled school officials could exercise prior restraint
if/when a student newspaper was produced as a "regular classroom activity" rather than
a "forum for public expression." That standard means that most high school papers now
are assumed not to have First Amendment protections, while most college newspapers
are. The case began when the principal pulled two articles from the school newspaper,
one on divorce and one on teen pregnancy.
Texas v. Johnson (1989) -ANSWER In 1984, in front of the Dallas City Hall, Gregory Lee
Johnson burned an American flag to protest Reagan administration policies. Johnson
was tried and convicted under a Texas law outlawing flag desecration. After the Texas
Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court.
In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected
expression under the First Amendment. The Court found that Johnson's actions fell into
the category of expressive conduct and had a distinctively political nature.
Yeo. v. Town of Lexington (1998) -ANSWER The U.S. Court of Appeals for the First
Circuit unanimously ruled that student journalists have the right to refuse ads submitted
to their publications. This case demonstrates the importance of a school publication with
public forum status. The case arose when student yearbook/newspaper editors at
Lexington High School in Massachusetts refused to print an ad submitted by Douglas
Yeo in 1992 encouraging sexual abstinence by students. The student publications had
an unwritten policy of not accepting political or advocacy ads, but did offer Yeo to
present his message in a letter to the editor. Yeo turned that down. Students and school
officials maintained the school's policy and practice had been to allow students to
control the content of their publications.
Dean v. Utica (2004) -ANSWER This case reflects limits to the Hazelwood decision.
Students were about to publish a story in their student newspaper, the Arrow, about a
lawsuit filed against their school district concerning the ill effects of diesel fumes from
the bus garage. As the paper was to go to press, school officials told the adviser it could
not be published. Editor Katy Dean contested the censorship. The court concluded the
Arrow was a public forum, and even if the paper was a non-public forum to which the
Hazelwood standard applied, the court ruled that the censorship of the Arrow was
unreasonable.
Well Verified Correct Answers | 100%
Correct | Graded A+
West Virginia State Board of Education v. Barnette (1942) -ANSWER BOE required
teachers and students to salute flag. Refusal to salute was considered insubordination,
punishable by expulsion and charges of delinquency. In 6-to-3 decision, Court overruled
its decision in Minersville School District v. Gobitis and held that compelling public
schoolchildren to salute the flag was unconstitutional. The Court found that such a
salute was a form of utterance and was a means of communicating ideas.
New York Times v. Sullivan (1964) -ANSWER This U.S. Supreme Court case extended
the First Amendment's guarantee of free speech to libel cases brought by public
officials. The Supreme Court sought to encourage public debate by changing the rules
involving libel that had previously been the province of state law and state courts, and
that a public official cannot receive damages unless statements were made in "actual
malice."
LB. Sullivan, the Montgomery city commissioner responsible for supervising the city
police department, filed a libel suit against four African American clergymen and the
New York Times in Alabama state court, alleging an ad seeking contributions to the civil
rights movement libeled him. The judge instructed the jury that under Alabama law, if
the statements were found libelous, falsity and malice were presumed, and damages
could be awarded without direct proof of financial loss. The jury concluded that the
statements did concern Sullivan and awarded him $500,000 for injuries to his reputation
and profession. The U.S. Supreme Court reversed, holding that the Rule of Law applied
by Alabama violated the First Amendment.
Brandenburg v. Ohio (1968) -ANSWER Brandenburg, a Ku Klux Klan leader, made a
speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law.
The law made illegal advocating "crime, sabotage, violence, or unlawful methods of
terrorism as a means of accomplishing industrial or political reform," as well as
assembling "with any society, group, or assemblage of persons formed to teach or
advocate the doctrines of criminal syndicalism." The Court's opinion held that the Ohio
law violated Brandenburg's right to free speech. The Court used a two-pronged test to
evaluate speech acts: (1) speech can be prohibited if it is "directed at inciting or
producing imminent lawless action" and (2) it is "likely to incite or produce such action."
The criminal syndicalism act made illegal the advocacy and teaching of doctrines while
ignoring whether that advocacy and teaching would actually incite imminent lawless
action. Failure to make this distinction rendered the law overly broad and in violation of
the Constitution.
, Tinker v. Des Moines Independent Community School District - 1969 -ANSWER The
Supreme Court decision declared students' First Amendment rights did not stop at the
school door. They had the right to express their political views, in this particular case
with black arm bands as a protest of the Vietnam War, as long as the expression did not
disrupt class work or disrupt the rights of others.
Bethel School District v. Fraser- (1986) -ANSWER Matthew Fraser made a nominating
speech at an assembly, lewd and sexual in nature, and he was disciplined. The Court
ruled the school was within its right to prohibit vulgar language at school. The court
declared that vulgar speech is not politically protected speech.
Hazelwood v. Kuhlmeiern 1988 -ANSWER this case established standard for censorship
of school newspapers. The Court ruled school officials could exercise prior restraint
if/when a student newspaper was produced as a "regular classroom activity" rather than
a "forum for public expression." That standard means that most high school papers now
are assumed not to have First Amendment protections, while most college newspapers
are. The case began when the principal pulled two articles from the school newspaper,
one on divorce and one on teen pregnancy.
Texas v. Johnson (1989) -ANSWER In 1984, in front of the Dallas City Hall, Gregory Lee
Johnson burned an American flag to protest Reagan administration policies. Johnson
was tried and convicted under a Texas law outlawing flag desecration. After the Texas
Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court.
In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected
expression under the First Amendment. The Court found that Johnson's actions fell into
the category of expressive conduct and had a distinctively political nature.
Yeo. v. Town of Lexington (1998) -ANSWER The U.S. Court of Appeals for the First
Circuit unanimously ruled that student journalists have the right to refuse ads submitted
to their publications. This case demonstrates the importance of a school publication with
public forum status. The case arose when student yearbook/newspaper editors at
Lexington High School in Massachusetts refused to print an ad submitted by Douglas
Yeo in 1992 encouraging sexual abstinence by students. The student publications had
an unwritten policy of not accepting political or advocacy ads, but did offer Yeo to
present his message in a letter to the editor. Yeo turned that down. Students and school
officials maintained the school's policy and practice had been to allow students to
control the content of their publications.
Dean v. Utica (2004) -ANSWER This case reflects limits to the Hazelwood decision.
Students were about to publish a story in their student newspaper, the Arrow, about a
lawsuit filed against their school district concerning the ill effects of diesel fumes from
the bus garage. As the paper was to go to press, school officials told the adviser it could
not be published. Editor Katy Dean contested the censorship. The court concluded the
Arrow was a public forum, and even if the paper was a non-public forum to which the
Hazelwood standard applied, the court ruled that the censorship of the Arrow was
unreasonable.
