6/28/25, 2:58
PM
CJE EXAM QUESTIONS AND ANSWERS WITH COMPLETE
SOLUTIONS VERIFIED LATEST UPDATE 2025/2026
VERSION
Terms in this set (120)
BOE required teachers and students to salute
flag. Refusal to salute was considered
West Virginia State insubordination, punishable by expulsion and
Board of Education v. charges of delinquency. In 6-to-3 decision,
Barnette (1942) 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.
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
1/29
,6/28/25, 2:58
PM
New York Times v. malice."
Sullivan (1964)
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.
2/29
, 6/28/25, 2:58
PM
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
Brandenburg v. Ohio assemblage of persons formed to teach or
(1968) 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.
The Supreme Court decision declared students'
Tinker v. Des Moines First Amendment rights did not stop at the
Independent school door. They had the right to express their
3/29
PM
CJE EXAM QUESTIONS AND ANSWERS WITH COMPLETE
SOLUTIONS VERIFIED LATEST UPDATE 2025/2026
VERSION
Terms in this set (120)
BOE required teachers and students to salute
flag. Refusal to salute was considered
West Virginia State insubordination, punishable by expulsion and
Board of Education v. charges of delinquency. In 6-to-3 decision,
Barnette (1942) 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.
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
1/29
,6/28/25, 2:58
PM
New York Times v. malice."
Sullivan (1964)
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.
2/29
, 6/28/25, 2:58
PM
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
Brandenburg v. Ohio assemblage of persons formed to teach or
(1968) 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.
The Supreme Court decision declared students'
Tinker v. Des Moines First Amendment rights did not stop at the
Independent school door. They had the right to express their
3/29
