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JOMC 486 UNL Midterm with 100- correct answers.
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JOMC 486 UNL Midterm with 100- correct answers.
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JOMC 486 UNLMidterm with 100%
correct answers
First Amendment - answer Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the government for a
redress of grievances.
rational basis test - answer A standard developed by the courts to test
the constitutionality of a law; when applied, a law is constitutional as long
as it meets a reasonable government interest.
Strict Scrutiny - answer Courts employ this when a law imposes
limitations on a fundamental right, such as freedom of speech or freedom
of religion. To justify such a statute, the government must show that the
law serves a compelling governmental interest and is narrowly tailored to
serve that interest.
Regulated under the most extreme circumstances
Intermediate Scrutiny - answer Courts use this in cases involving
expressive conduct. While the expression part is entitled to protection,
the government retains some power to regulate the conduct part.
It asks whether the law furthers a substantial governmental interest and
is no more restrictive of speech than necessary to advance that interest.
Can be regulated more easily
, pure speech - answer the verbal expression of thought and opinion
before an audience that has chosen to listen
Newspapers, speeches
Can be justified only if they satisfy strict scrutiny
Expressive conduct - answer marches, protests, rallies, and similar
events
regulations of these are constitutional if they satisfy intermediate
scrutiny.
Libel - answer A written defamation of a person's character, reputation,
business, or property rights.
Obscenity - answer an offensive or indecent word or phrase
fighting words - answer speech intended to incite violence
Incitement of Unlawful Conduct - answer For speech to be punished as
"incitement," the illegal conduct must be likely and imminent and
intended by the speaker.
The words or actions that prompted Ohio to prosecute Brandenburg for
violating the state's criminal syndicalism statute - answer Threatening
revenge for policies that he thought suppressed the white race.
Brandenburg was filmed at what? - answer KKK Rally
According to Brandenburg v. Ohio, advocating violent means to effect
political change is unlawful only when - answer It is directed to incite
imminent lawless action
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