MEJO 341 Final Exam | Questions and Answers (Complete Solutions)
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MEJO 341
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MEJO 341
MEJO 341 Final Exam | Questions and Answers (Complete Solutions) Which of the following statements best reflects the ruling of the Supreme Court in Sorrell v. IMS Health Inc., 564 U.S. 552 (2011)? A. Government regulation of advertising may target messages contrary to its own views. B. Governmen...
Which of the following statements best reflects the ruling of the Supreme Court
in Sorrell v. IMS Health Inc., 564 U.S. 552 (2011)?
A.
Government regulation of advertising may target messages contrary to its own views.
B.
Government regulation of advertising may not engage in content-based, viewpoint
discrimination.
C.
Government regulation of advertising may not target messages it disfavored.
D.
Government regulation of advertising may not engage in content-based, viewpoint
discrimination and may not target messages it disfavored.
All of the following are possible routes for a case to make it to the U.S. Supreme Court
except:
A.
U.S. District Court to U.S. Circuit Court of Appeals to the U.S. Supreme Court.
B.
The Supreme Court of Florida (the state's highest court) to the U.S. Supreme Court.
C.
U.S. Circuit Court of Appeals to the Supreme Court of Ohio (the state's highest court) to
the U.S. Supreme Court.
D.
The Supreme Court of North Carolina (the state's highest court) to the U.S. Supreme
Court.
Which of the following was not an influence on the Founders in crafting the First
Amendment?
A.
Prior restraint.
B.
Boycotts on publications.
C.
Seditious libel.
D.
Preclearance licensing.
Which legal authority most clearly articulates the following proposition: the U.S.
Supreme Court has the authority to review legislative enactments to determine if they
pass constitutional muster?
,A.
Article III of the U.S. Constitution.
B.
Marbury v. Madison, 5 U.S. 137 (1803).
C.
New York Times v. United States, 403 U.S. 713 (1971).
D.
Citizens United v. Federal Election Commission, 558 U.S. 310 (2010).
Which of these categories of speech is protected by the First Amendment?
A.
Inflammatory speech.
B.
Perjury.
C.
False advertising.
D.
Obscenity.
Last week, a student named John Smith posted a comment on Facebook that said he
"hates how all the out-of-state first-generation Asian students seem to get more
internships in the school than do the white students from the rural counties of North
Carolina." Facebook took down the post. Can John Smith sue Facebook for violating his
First Amendment rights to free speech?
A. Yes, because even though Facebook is a private forum he is a public university
student discussing public matters.
B. Yes, because the terms of service violate Smith's First Amendment rights.
C. No, because Facebook is a limited public forum that the government has said
citizens retain some First Amendment rights in.
D. No, because Facebook is a nonpublic forum and there is no state action.
If a lawsuit challenging new federal regulations on commercial speech is initiated in the
Middle District of North Carolina, to which federal intermediate appellate court can the
case be appealed?
A. The U.S. Court of Appeals for the Second Circuit.
B. The U.S. Court of Appeals for the Fourth Circuit.
C. The U.S. Court of Appeals for the Eleventh Circuit.
D. There is no federal intermediate appellate court to which such a case can be
appealed.
Which of the following is not part of the Central Hudson test?
A.
The size and impact of the commercial speech.
B.
, Whether the ad is false, misleading, or for an illegal product.
C.
The government's interest in the regulation.
D.
Whether the regulation directly advances the government interest.
When false or misleading advertising may lead to immediate harm, which of the
following best describes the authority of the Federal Trade Commission (FTC)?
A. The FTC has no special authority.
B. The FTC must seek approval from the Senate Commerce Committee before taking
punitive action.
C. The FTC has the authority to request that a court issue an injunction or restraining
order.
D. The FTC must respond and act within 72 hours of learning of the impending harm.
In class, we discussed that courts evaluate speech regulations and decide whether they
are content-based or content-neutral. In Reed v. Town of Gilbert, 576 U.S. 155 (2015),
however, the U.S. Supreme Court decided that statutes that regulate speech with
"subject matter" categories are, on their face:
A.
Overbroad and not narrowly tailored.
B.
Vague and thus violative of due process.
C.
Content-Based.
D.
Content-Neutral.
Which of the following statements best reflects the current U.S. Supreme Court
guidelines related to obscenity?
A. The guidelines assume that obscenity is protected by the U.S. Constitution.
B. The guidelines do little to allow for restriction of child pornography.
C. The guidelines find it easy to separate the obscene from that which is not.
D. The guidelines allow for the application of community standards.
When the government tries to regulate the content or message of protected political and
social speech under the First Amendment, what test would be applied to such regulation
in evaluating its constitutionality?
A. Rational basis review.
B. Intermediate scrutiny.
C. Strict scrutiny.
D. The time, place, and manner test.
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