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Question 1
Defamation is a form of speech which is:
Correct Defamation is one of several categories of speech which receive no First Amendment protection. Whether communicated only orally (slander) or through some writing or other media (libel), a cause of action for defamation cannot be defended by appeal to the First Amendment.
Incorrect! Defamation is one of several categories of speech which receive no First Amendment protection. Whether communicated only orally (slander) or through some writing or other media (libel), a cause of action for defamation cannot be defended by appeal to the First Amendment.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
The First Amendment ensures our freedom of "speech." This includes:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Although all of the forms of 'speech' listed in (d) are protected under the first Amendment, symbolic speech (such as the burning of draft cards to protest the draft) can be regulated if there is an independent and important reason for doing so.
Incorrect! Although all of the forms of 'speech' listed in (d) are protected under the first Amendment, symbolic speech (such as the burning of draft cards to protest the draft) can be regulated if there is an independent and important reason for doing so.
Question 3
For expression to be "obscene" it:
Correct
Incorrect!
Correct
Incorrect!
Correct Choices (a) and (b) combined give us the three-part test for obscenity. Of course, applying this test is not necessarily a non-controversial task.
Incorrect! Choices (a) and (b) combined give us the three-part test for obscenity. Of course, applying this test is not necessarily a non-controversial task.
Correct
Incorrect!
Question 4
Christopher walks into the office where he works one day and decides he has had enough of his supervisor's antics. He uses company supplies to construct a small picket sign and walks up and down the hallways carrying the sign (which reads "Management Unfair to Labor") and chanting "What do we want? More choices of soda in the kitchen and fewer company e-mails about dress codes! When do we want it? Now! What do we want? More choices of soda in the kitchen and fewer company e-mails about dress codes! When do we want it? Now!" He is stopped by security, escorted from the premises, and summarily terminated from his position. He sues for wrongful termination and defends his actions by appeal to the first Amendment. What is the likely result of his First Amendment claim?
Correct
Incorrect!
Correct
Incorrect!
Correct The first question we must always ask in a First Amendment case is 'Has there been any government action'' If not, there is no valid First Amendment cause of action, as the protection therein afforded is only protection against governmental stifling of expression.
Incorrect! The first question we must always ask in a First Amendment case is 'Has there been any government action'' If not, there is no valid First Amendment cause of action, as the protection therein afforded is only protection against governmental stifling of expression.
Correct
Incorrect!
Question 5
The law firm of Codd & Cooney is growing quickly, and has had its best year yet. In order to thank its many clients in the community, the firm buys a full page in the local paper on which is written "Codd & Cooney would like to thank its many clients for their loyalty and for choosing Codd & Cooney to represent your interests. We hope to be able to continue to serve the community for many years to come." Contact information and a list of the firm's attorneys is included at the bottom. Is this commercial speech?
Correct This could easily be construed as a solicitation of business and will be considered commercial speech, which is therefore subject to the limitations discussed in Subject 2 of Chapter 5. Even without listing the services offered, as suggested by (d), the announcement is commercial speech aimed at winning goodwill in the community.
Incorrect! This could easily be construed as a solicitation of business and will be considered commercial speech, which is therefore subject to the limitations discussed in Subject 2 of Chapter 5. Even without listing the services offered, as suggested by (d), the announcement is commercial speech aimed at winning goodwill in the community.