Exam 2: The First Amendment

If a court applies the strict scrutiny test to a government speech regulation, the government must prove to the court the government has a ___________________ for regulating the speech.

The president of State University can remove bottled fetuses from an anti-abortion display at the university's designated public forum if the fetuses are "highly offensive" to other students.

The Supreme Court has ruled the First Amendment prohibits a state university from denying funding to a campus religious magazine if the university funds magazines on other topics.

During the McCarthy Era of the 1950s, the Supreme Court ruled in Dennis v. United States that a citizen's membership in the Communist Party constituted a clear and present danger to the nation.

Net Neutrality: What is net neutrality?

Absolutist: Explain briefly why Justices Black and Douglas were characterized as absolutists.

In Texas v. Johnson, the Supreme Court ruled that flag burners might be punished because the government has a compelling interest in maintaining the peace and preserving the flag as a symbol of national unity.

Courts have ruled the First Amendment permits the government to punish Facebook for hosting posts of fake news.

It is constitutional to punish all expression in the legal category of "hate" speech, the Supreme Court has ruled.

True Threat: Define a true threat. Give an example.

One of the main purposes of First Amendment due process is to prevent government officials from acting arbitrarily when they ban or regulate speech.

Twitter's policy of banning all political ads leading up to the 2020 presidential election, to avoid the potential spread of misinformation, violated the First Amendment.

A federal appeals court has ruled (Kowalski v. Berkeley County Schools) that school officials can punish a high school student for off-campus internet posts that harass and bully a fellow student.

The Supreme Court has ruled that high school students have a constitutional right to criticize the principal in a school sponsored newspaper.

In 2017, the Federal Communications Commission, with a new Republican majority, began the process of overturning "net neutrality" regulations imposed on Internet service providers by the Obama-era FCC. Since then …

In Virginia v. Black, the Supreme Court ruled that burning crosses in any location is always an unprotected expressive act intended to intimidate.

When arrested during an antiwar protest in Indiana, Gregory Hess shouted, "We'll take this fucking street later." The Supreme Court ruled Hess's speech to be an example of:

In McIntyre v. Ohio Elections Commission, the Supreme Court ruled that a state statute banning anonymous campaign literature "designed to influence voters" was:

"Fighting words," by definition, incite large groups to riot.

Billy Bob, 28, proclaims on the "I Hate Everyone" web page that he plans to make bombs. "I'm tired of the media splattering garbage all over the place, and I'm not going to take it no more." Bob says. "If the elite media don't stop ruinating the country, we have to do something drastic." Police arrest Bob for expressing fighting words. True? Define fighting words and explain whether the speech fits the definition. Support your conclusion with a comparison to at least one Supreme Court fighting words case.