Chapter 5 - Routledge

Quiz for Chapter 5
Which of these is prior restraint (mark Y) and which is not? (mark N)
___ 1. The NFL fines the losing Super Bowl coach $25,000 for his post-game
comments criticizing the officials, whose blown call on a fumble changed the
course of the game.
___ 2. College professors who oppose a proposed law that would eliminate tenure at
all state institutions heckle the governor, making it impossible for her to
complete the speech.
___ 3. A judge orders reporters covering a pre-trial hearing in his courtroom not to
identify the state’s primary witness to a crime, whose name is included on the
list of witnesses slated to testify.
___ 4. The Anywhere Philharmonic Orchestra invites a promising new Iranian
musician as its guest conductor but forbids him from playing his national
anthem during the program.
___ 5. The State Department cancels the visa of an Iranian professor slated to speak
at a Washington foreign policy conference about his book on assassinating
American political leaders to return the government to the people.
___ 6. The New York office of UPS orders its drivers not to wear New York Giants tshirts over their uniforms during Super Bowl week.
___ 7. Police confiscate the video camera of a reporter recording the arrest of a
suspect who is stomped by officers and hurl it into a nearby river.
8. Define prior restraint: ___________________________________________________________________
9. The most important legal precedent, a decision of the U.S. Supreme Court, that
erects a high barrier for any government trying to engage in prior restraint, was
the 1931 decision in ______________________________________.
10. That decision recognized three exceptions to the limit on the government,
________________________________________________, ___________________________________________
and _____________________________________________________.
11. Three methods governments have used to attempt to interfere with freedom of
the press are ________________________, __________________________ and
12. In Nebraska Press Association v. Judge Stuart, the Supreme Court of the United
States held the judge’s order banning reporters from reporting what they had
heard in court was impermissible prior restraint. The Court held that if a trial
judge is concerned about pre-trial publicity, he has options short of prior
restraint. Those options include ____________________________________________________,
_______________________________________ and _____________________________________________.
13. In Gitlow v. New York, the Supreme Court of the United States ruled for the first
time that the First Amendment limits not only the power of the federal
government to interfere with freedom of speech and of the press, but also the
power of ____________________________________________________.
14. In Brandenburg v. Ohio, the Supreme Court of the United States found speech,
even speech threatening to the government, was protected by the First
Amendment unless _________________________________________________________________;
____________________________________________________________________________________, and
15. What is symbolic speech? ____________________________________________________________
16. Why was Mary Beth Tinker expelled from school? ________________________________
What did the Supreme Court say about the school’s decision? ____________________
17. Why was the outcome in Hazelwood v. Kuhlmeier not the same as the decision in
Tinker v. Des Moines? _____________________________________________________________________
18. Why does the First Amendment protect the person who stands in front of the
courthouse and burns the American flag? ___________________________________________