JOMC 486 Quizzes (100% Solved) Questions With Latest Solutions
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Course
JOMC 486
Institution
JOMC 486
Virginia v. Black involved two incidents of cross burning, one by Barry Black and the other by Richard Elliott and Jonathan O'Mara. Which of the following best describes the two incidents? - Correct Answer Black burned a cross at a Ku Klux Klan rally, and Elliott and O'Mara burned a cross in a nei...
JOMC 486 Quizzes (100% Solved) Questions
With Latest Solutions
Virginia v. Black involved two incidents of cross burning, one by Barry Black and the other by Richard
Elliott and Jonathan O'Mara. Which of the following best describes the two incidents? - Correct Answer
Black burned a cross at a Ku Klux Klan rally, and Elliott and O'Mara burned a cross in a neighbor's yard.
The plurality opinion in Virginia v. Black, written by Justice O'Connor, found the Virginia statute on cross
burning unconstitutional because - Correct Answer The prima facie provision eliminates the need to
prove an intent to intimidate.
The "prima facie" provision of the Virginia law at issue in Virgnian v. Black said jurors could presume -
Correct Answer That the cross burning was done with the intent to intimidate others.
The Supreme Court said in Virginia v. Black the First Amendment allows states to punish cross burning
done with an intent to intimidate because such acts amount to - Correct Answer A true threat.
The plurality opinion in Virginia v. Black defined "true threats" as statements in which the speaker -
Correct Answer Means to communicate a serious expression of an intent to commit an act of violence
on an individual or group.
Justice O'Connor's opinion in Virginia v. Black said it is not necessary to show that one who utters a true
threat actually intended to carry out the threat. Which of the following best explains why this is so? -
Correct Answer The prohibition on threats protects individuals from the fear of violence.
Justice O'Connor in Virginia v. Black gave examples of when cross burning may be done without an intent
to intimidate. Which of the following is NOT an instance of cross burning without an intent to intimidate?
- Correct Answer Cross burning on a neighbor's lawn.
Justice Thomas dissented in Virginia v. Black. He argued that the Virginia statute was enacted to restrict
the activities of the Ku Klux Klan and therefore was directed only at _______________. - Correct Answer
Conduct
, Justice Scalia argued the prima facie provision in the statute at issue in Virginia v. Black was
constitutional because it still allowed the defendant to - Correct Answer Offer rebuttal evidence.
Justice Souter concurred in the majority's decision in Virginia v. Black in part because he believed
evidence of an official intent to suppress ideas was afoot could be found in - Correct Answer The prima
facie provision of the statute.
When might it be legal for the government to exercise prior restraint over a newspaper, according to
Justice William Brennan's opinion in The New York Times v. United States.? - Correct Answer If the
publication would inevitably, directly, and immediately lead to a grave harm.
A major complaint the three dissenting justices in the Pentagon Papers case advanced was that - Correct
Answer The Supreme Court had rushed to a conclusion.
Justice Byron White's concurring opinion in New York Times v. United States expressed the view that the
Espionage Act of 1917 - Correct Answer Could be used to prosecute the Times and the Post for
publishing the Pentagon Papers.
What was the US government seeking to do in the case of The New York Times v. United States? - Correct
Answer Prevent the newspapers from publishing classified documents.
The government's request for a prior restraint on The New York Times and The Washington Post to
prevent publication of the Pentagon Papers was based on the claim the president had _____________ to
seek such a restraint. - Correct Answer Inherent power
In the New York Times v. United States case, Justices Byron White and Thurgood Marshall said they were
reluctant to impose a prior restraint on a newspaper in the absence of - Correct Answer A statute
passed by Congress authorizing the government to seek a prior restraint.
The Pentagon Papers, which were at issue in the New York Times v. United States Supreme Court
decision, were - Correct Answer A top secret study of how the nation became embroiled in the Vietnam
War.
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