#1
Which amendment to the U.S. Constitution protects freedom of speech?
First Amendment
ExplanationThe First Amendment explicitly protects freedom of speech.
#2
Which type of speech is NOT protected by the First Amendment?
Hate speech
ExplanationHate speech is not protected under the First Amendment.
#3
What is the legal test used by courts to determine whether speech can be restricted?
Clear and Present Danger Test
ExplanationThe Clear and Present Danger Test is used to determine whether speech can be restricted.
#4
Which case established the 'clear and present danger' test for restricting speech?
Schenck v. United States
ExplanationSchenck v. United States established the 'clear and present danger' test.
#5
Which doctrine allows the government to limit speech that is deemed to incite imminent lawless action?
Imminent Lawless Action Doctrine
ExplanationThe Imminent Lawless Action Doctrine allows limitations on incitement to imminent lawless action.
#6
Which category of speech is often subject to intermediate scrutiny?
Commercial speech
ExplanationCommercial speech is often subject to intermediate scrutiny.
#7
Which constitutional amendment protects against compelled speech?
First Amendment
ExplanationThe First Amendment protects against compelled speech.
#8
Under the First Amendment, what is prior restraint?
Restricting speech before it is expressed
ExplanationPrior restraint is the act of restricting speech before it is expressed.
#9
What is the 'heckler's veto' in the context of free speech?
The suppression of speech due to opposition or threats of violence
ExplanationThe 'heckler's veto' is the suppression of speech due to opposition or threats of violence.
#10
Which Supreme Court case upheld the constitutionality of flag burning as protected speech?
Texas v. Johnson
ExplanationTexas v. Johnson upheld flag burning as protected speech.
#11
In the context of free speech, what does the 'overbreadth doctrine' refer to?
Invalidating laws that go beyond what is necessary to achieve their purpose
ExplanationThe 'overbreadth doctrine' invalidates laws that go beyond what is necessary.
#12
What is the 'Miller test' used for in the context of obscenity?
To determine whether speech is obscene and therefore unprotected
ExplanationThe 'Miller test' determines whether speech is obscene and unprotected.