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MEJO 341 (QUIZZES AND EXAMS WITH COMPLETE SOLUTIONS).
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MEJO 341 (QUIZZES AND EXAMS WITHCOMPLETE SOLUTIONS)
In Virginia State Board of Pharmacy, 425 U.S. 748 (1976), the most important interest
considered by the Court in assessing the constitutionality of the Virginia state statute was the
right of which of the following? - answer B.
Consumers to receive commercial information in the economic marketplace.
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? - answer Marbury v. Madison, 5 U.S. 137 (1803).
When false or misleading advertising may lead to immediate harm, which of the following best
describes the authority of the Federal Trade Commission (FTC)? - answer The FTC has the
authority to request that a court issue an injunction or restraining order.
A newspaper received stolen classified military documents and now want to publish them. The
government wants to protect the secrets. In this scenario, what is the most likely outcome? -
answer A prior restraint can be constitutionally permissible, but the government has a heavy
burden to show a special societal harm, and that restraint is no greater than necessary to
achieve legitimate ends.
Which of the following is not part of the Central Hudson test? - answer The size and impact of
the commercial speech.
As discussed in class, many of the court decisions in the area of commercial speech involve
advertising and labeling involve which of the following categories of products? - answer Alcohol
and tobacco.
B. Gambling.
C. Pharmacies and prescription drugs.
D. All of the above.
, All of the following are possible routes for a case to make it to the U.S. Supreme Court except: -
answer U.S. Circuit Court of Appeals to the Supreme Court of Ohio (the state's highest court) to
the U.S. Supreme Court.
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: - answer Content-Based.
Which of the following was not an influence on the Founders in crafting the First Amendment? -
answer Preclearance licensing.
In Elonis v. U.S., 135 S. Ct. 2001 (2015), the U.S. Supreme court was asked to consider the
standard for when harmful speech online is not protected by the First Amendment. Which of
the following best describes what this case was about? - answer True threats, in which the main
question was deciding whether the speaker intended to threaten and what the speaker needed
to demonstrate about his intent to threaten.
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? - answer No, because Facebook is a nonpublic forum and there is no state action.
Which of the following is not part of the U.S. Supreme Court's First Amendment obscenity test
established in Miller v. California, 413 U.S. 15 (1973)? - answer Work, taken as a whole, is
indecent and offensive by contemporary broadcast standards.
Which of these categories of speech is protected by the First Amendment? - answer
Inflammatory speech.
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