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 t- shirts 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? ______