Discuss the below:
Review chapter THE LEGACY OF FREEDOM
1. Areopagitica was a famous early defense of freedom of expression. Its author was: a) Ben Franklin; b) J.J. Rousseau, c) John Milton; d) Thomas Jefferson; e) John Locke.
2. Prior to the John Peter Zenger trial, juries in criminal (or seditious) libel cases were allowed to decide: a) whether the allegedly defamatory statement was true; b) whether the person accused of libel actually printed the alleged defamation; c) both of these; d) neither of these.
3. Only a few years after the First Amendment was ratified, Congress passed a law that limited freedom of expression: a) the Fox Libel Act; b) the Smith Act; c) the Sedition Act of 1798; d) the Stamp Act; e) Lord Campbell's Act.
4. The Sedition Act of 1798: a) recognized truth as a defense against libel charges; b) was seen by many anti-federalists, notably Jefferson and Madison, as a threat to free expression; c) inspired resentment against the Federalist Party, although no more than 25 people were charged with violating it; d) all of these (choices A, B and C); e) none of these.
5. The Alien and Sedition Acts were notable because: a) they seemingly violated the First Amendment only a few years after it was ratified; b) they contributed to the popular mood that helped elect Thomas Jefferson to the presidency; c) they were never used to prosecute Federalists; d) the Supreme Court did not rule on their constitutionality while they were in effect; e) all of these.
6. The First Amendment's guarantees of free speech and free press were made binding on the states in the case of: a) Gitlow v. New York; b) Abrams v. U.S.; c) Near v. Minnesota; d) Whitney v. California; e) New York Times v. Sullivan.
7. The First Amendment says, "Congress shall make no law...", and it never mentions state or local governments. Why does the First Amendment apply to the states today? a) because the Supreme Court simply rewrote it without any specific legal basis for doing so; b) because of the "due process" clause of the Fourteenth Amendment; c) because of the Fifth Amendment "due process" clause; d) because of the Fourth Amendment's safeguards against unreasonable searches and seizures; e) because of the actual malice rule.
8. Justice Oliver Wendell Holmes first set forth his famous clear and present danger test for determining whether controversial speech is protected by the First Amendment in the case of: a) Fiske v. Kansas; b) Schenck v. U.S.; c) Brandenburg v. Ohio; d) Whitney v. California; e) Gitlow v. New York.
9. Justice Oliver Wendell Holmes used the clear and present danger test to uphold the conviction of a man who actively opposed World War I, but he later rethought the meaning of
the clear and present danger test and joined Justice Louis Brandeis in a famous concurring opinion that advocated broader First Amendment safeguards for unpopular speech in: a) Fiske v. Kansas; b) Gitlow v. New York; c) Brandenburg v. Ohio; d) Whitney v. California; e) Yates v. U.S.
10. The Alien Registration Act of 1940 (the Smith Act) was made virtually useless as a tool for prosecuting communists by a Supreme Court decision that protected those who say they favor communism as an abstract idea unless it can be proven that they are advocating violent action to carry out their beliefs. The decision was: a) Near v. Minnesota; b) Whitney v. California; c) Yates v. U.S.; d) Dennis v. U.S.; e) Fiske v. Kansas.
11. A Ku Klux Klan member's prosecution under a criminal syndicalism law was invalidated by a Supreme Court decision holding that even those who express violent racist views are protected by the First Amendment unless they create an imminent danger of violent action. The case: a) Yates v. U.S.; b) Gitlow v. New York; c) Whitney v. California; d) Brandenburg v. Ohio; e) Schenck v. U.S.
12. In Whitney v. California, Justice Louis Brandeis emphasized the importance of: a) more speech rather than enforced silence; b) the clear and present danger test; c) content-based regulations; d) content-neutral regulations; e) time, place and manner regulations.
13. What website generated public and legal concern when its owners released thousands of classified government documents? a) Amazon.com; b) WikiLeaks; c) Google; d) MSN; e) Yahoo.
14. In Klapper v. Amnesty Int'l USA (2013), the Supreme Court said that journalists and other organizations had no standing to challenge amendments to what act? a) Espionage Act; b) Sedition Act; c) Foreign Intelligence Surveillance Act; d) Child Online Privacy Protection Act; e) None of these.
15. In 2013, journalists uncovered a huge government surveillance program called PRISM. Which government agency was responsible for overseeing this program? a) Federal Communications Commission; b) National Security Administration; c) Department of Defense; d) Department of Homeland Security; e) Federal Trade Commission.
16. If I publish an article critical of the federal government, I am engaging in: a) content-neutral regulation; b) incorporation; c) content-based regulation; d) sedition; e) invasion of privacy.
17. Who leaked an estimated 1.7 million pages of classified documents exposing top secret government surveillance programs? a) Daniel Ellsberg; b) Jullian Assange; c) Edward Snowden; d) Glenn Greenwald.