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Law and ethics midterm

Total questions: 39

Worksheet time: 20mins

Name
Class
Date
1.

what does the first amendment protect?

a)

Protects property rights.

b)

Freedom of speech, religion, press, assembly, and the right to petition the government.

c)

The right to a fair trial.

d)

The right to bear arms.

2.

The most widely accepted rationale of how freedom of speech works based on the economic concept of a free market

a)
Freedom of speech only applies to written communication.
b)

Marketplace of ideas

c)
Freedom of speech is a privilege granted by the state.
d)
Freedom of speech is limited to government-approved ideas.
3.

Situations where the disagreement of hecklers or demonstrators addresses the actions of a speaker without intervention of the law

a)
Legal intervention in public protests.
b)
Silencing dissent through legal means.
c)
Supportive audience reactions without opposition.
d)

Heckler's veto

4.

what are the five sources of law?

a)
International Treaties
b)
Local Ordinances
c)
Corporate Policies
d)

Constitutional, Statutory, Administrative, Case Law, Common Law

5.

Can the government force you to express speech?

a)

yes

b)

no

6.

State action doctrine

a)
The state action doctrine applies only to private entities.
b)

The legal principle that the 14th amendment applies only to state and local governments, not to private entities. Ex: NFL

c)
The state action doctrine expands constitutional protections to all actions.
d)
The state action doctrine is irrelevant to government actions.
7.

The term used to refer to the basis for a legal claim against the government for a violation of civil rights

a)
Administrative appeal
b)
Tort claim
c)
Criminal complaint
d)

state action

8.

To determine what should be done in a case, a judge looks at how similar cases have been decided in the past

a)

Common law

b)
The judge relies on public opinion.
c)
The judge makes a decision based on personal beliefs.
d)
The judge consults legal textbooks.
9.

Establishes three branches of government, responsibilities and limits on power of each. Highest law of the land. No law can override.

a)

Constitutional law

b)
The Articles of Confederation
c)
The Bill of Rights
d)
The Declaration of Independence
10.

"Judge made law." Legal rules created by court decisions. Judges look at past cases and interpret the law based on how it was used before.

a)
Legislation created by Congress.
b)
Rules established by executive orders.
c)
Guidelines set by administrative agencies.
d)

Case law

11.

laws passed by a legislative body

a)
Ordinances
b)
Bylaws
c)
Regulations
d)

Statutory law

12.

Defamation of the government that may incite resistance, unrest, rebellion

a)
protest
b)
dissent
c)
rebellion
d)

seditious libel

13.

This case established that students don't shed their rights at the schoolhouse gates

a)
Tinker v. Des Moines (1969)
b)
Goss v. Lopez (1975)
c)
Brown v. Board of Education (1954)
d)
New Jersey v. T.L.O. (1985)
14.

This case established that the rights of students are "not automatically the rights of adults in other settings"

a)
Goss v. Lopez
b)
New Jersey v. T.L.O.
c)
Hazelwood School District v. Kuhlmeier
d)

Bethel vs Fraser

15.

This case established that the first amendment allows educators to exercise editorial control over the content of speech as long as their actions are related to "legitimate pedagogical concerns"

a)
New Jersey v. T.L.O.
b)
Tinker v. Des Moines Independent Community School District
c)
Bethel School District v. Fraser
d)
Hazelwood School District v. Kuhlmeier
16.

This forum is a place long devoted to public speech

a)
private speech platform
b)
community dialogue space
c)
public discussion forum
d)

Traditional public forum

17.

This forum is place created by the government for expressive activities

a)

Designated public forum

b)
Private forum
c)
Restricted forum
d)
Commercial forum
18.

Content-neutral limitations that can be imposed by the government on expressive activity

a)
Time, place, and manner restrictions.
b)
Licensing requirements
c)
Censorship laws
d)
Content-based restrictions
19.

Public property that is off limits to expressive activities

a)
Public forum
b)
Private property
c)
Designated forum
d)

Public property that is not a public forum

20.

what precedent did Hustler Magazine vs Falwell establish?

a)

Protecting public figures from emotional distress is not sufficient to deny the first amendment if it cannot be proven any statements were defamation

b)
It established the right to privacy for public figures.
c)
It set a precedent for copyright infringement cases.
d)
It defined the limits of free speech in political discourse.
21.

This case established the fighting words doctrine

a)
Chaplinsky v. New Hampshire
b)
Schenck v. United States
c)
Texas v. Johnson
d)
Tinker v. Des Moines
22.

what court case did the Supreme Court ruled that a statement must communicate a serious expression of intent to threaten?

a)
Smith v. Maryland
b)
Tinker v. Des Moines
c)
New Jersey v. T.L.O.
d)
Elonis v. United States
23.

what is the brandenburg test?

a)
The Brandenburg test is a psychological assessment for speech disorders.
b)
The Brandenburg test is a legal standard for copyright infringement.
c)
The Brandenburg test is a method for evaluating artistic expression.
d)
The Brandenburg test is a standard for limiting speech that incites imminent lawless action.
24.

This case established the precedent that speech can be prohibited if it is "directed at inciting or producing imminent lawless action"

a)
Brandenburg v. Ohio
b)
Schenck v. United States
c)
Tinker v. Des Moines
d)
Texas v. Johnson
25.

This case involved a law about cross burning that was upheld by the supreme court

a)
Texas v. Johnson (1989)
b)
Virginia v. Black (2003)
c)
R.A.V. v. City of St. Paul (1992)
d)
Brandenburg v. Ohio (1969)
26.

This case involved a law about cross burning that was struck down by the supreme court

a)
R.A.V. v. City of St. Paul
b)
Texas v. Johnson
c)
Brandenburg v. Ohio
d)
Virginia v. Black
27.

This court case established that the first amendment limits the ability to impose damages for the publication of a statement about a public figure

a)
Gertz v. Robert Welch, Inc.
b)

New York Times v. Sullivan

c)
Hustler Magazine v. Falwell
d)
Tinker v. Des Moines Independent Community School District
28.

This case established that the press and the public have the right to access information about the exercise of government power

a)
Roth v. United States (1957)
b)
Brandenburg v. Ohio (1969)
c)

Richmond Newspapers v Virginia (1980)

d)
Tinker v. Des Moines Independent Community School District (1969)
29.

The "Richmond test"

a)
A physical fitness program.
b)
A cooking technique for gourmet meals.
c)

Used to determine if a proceeding is presumptively open

d)
A financial investment strategy.
30.

The "press enterprise test"

a)
A test for evaluating press freedom in journalism.
b)
A standard for measuring public opinion on legal cases.
c)
A guideline for media coverage of sports events.
d)

Used to determine if a proceeding can be closed

31.

This case established that journalists must be held responsible for breaking confidentiality promise

a)
New York Times Co. v. Sullivan
b)
Gannett Co. v. DePasquale
c)
Cohen v. Cowles Media Co.
d)
Branzburg v. Hayes
32.

What case did a principal tried to censor a high school newspaper because it contained stories about teen pregnancy and divorce?

a)
Hazelwood School District v. Kuhlmeier
b)
Bethel School District v. Fraser
c)
New Jersey v. T.L.O.
d)
Tinker v. Des Moines
33.

This case established the precedent that schools can exercise editorial control over school-sponsored expressive activities as long as their actions are "reasonably related to legitimate pedagogical concerns."

a)
Bethel School District v. Fraser
b)
Morse v. Frederick
c)
Hazelwood School District v. Kuhlmeier
d)
Tinker v. Des Moines Independent Community School District
34.

Case about freedom of the press for college student media, specifically college newspapers

a)

Bethel vs Fraser

b)

Hosty vs Carter

c)

Kincaid vs Gibson

d)

Hazelwood vs Kuhlmeier

35.

What case established that it is a first amendment violation for a college to confiscate a student yearbook or censor media based on disagreement with content or style?

a)
Tinker v. Des Moines Independent Community School District
b)
New York Times Co. v. United States
c)
Bethel School District No. 403 v. Fraser
d)

Kincaid vs Gibson

36.

what case established the "actual malice" standard for defamation involving public officials or public figures?

a)
New York Times Co. v. Sullivan
b)
Tinker v. Des Moines Independent Community School District
c)
Hustler Magazine v. Falwell
d)
Gertz v. Robert Welch, Inc.
37.

What case established that parody is protected under fair use even if it is commercial

a)
Sony Corp. of America v. Universal City Studios, Inc.
b)
Harper & Row Publishers, Inc. v. Nation Enterprises
c)
Gordon v. Drape Creative, Inc.
d)
Campbell v. Acuff-Rose Music, Inc.
38.

what case established that journalists can be sued for breaking a confidentiality agreement?

a)
New York Times Co. v. Sullivan (1964)
b)
Cohen v. Cowles Media Co. (1991)
c)
Branzburg v. Hayes (1972)
d)
Gertz v. Robert Welch, Inc. (1974)
39.

Suppression of material prior to publication or broadcast on the grounds that it is harmful

a)

Prior restraint

b)
Public Relations
c)
Media Regulation
d)
Freedom of Speech