Chapter 5.2 Pages 164-172

1) In Zelman v. Simmons-Harris, a school voucher program that allowed parents to send their
kids to the school of their choice was found to be
A) unconstitutional because it favored Jewish schools over others.
B) unconstitutional because it allowed parents to use government funds for religious
instruction.
C) constitutional even though it favored Jewish schools over others.
D) constitutional because it was anti-religion.
E) constitutional because it was neutral toward religion.

2) Which of the following best describes George W. Bushʹs beliefs about the relationship between
government and religion?
A) Bush believes that there should be a strict separation between church and state.
B) Bush believes that Jimmy Carter and other Democratic presidents have infused too much
religion into government.
C) Bush believes that government funding of faith-based programs is a good idea.
D) Bush believes that Congress should deny funding to groups founded on religious
doctrine.
E) Bush believes that it is always wrong for religious groups to discriminate against
non-believers and gays.

3) The First Amendment says that
A) ʺThe states shall make no law... abridging the freedom of speech or of the press.ʺ
B) ʺThe president shall enforce no law... abridging the freedom of speech or of the press.ʺ
C) ʺCongress shall make no law... abridging the freedom of speech or of the press.ʺ
D) ʺThe Supreme Court shall uphold no law... abridging the freedom of speech or of the
press.ʺ
E) ʺNeither the states nor the Congress shall make any law... abridging the freedom of
speech or of the press.ʺ

4) The constitutional doctrine that government cannot prohibit speech or publication before the
fact is called
A) a priori limitation.
B) prior restraint.
C) amicus curiae.
D) in re Anastaplo.
E) the prohibition clause.

5) In Schenck v. U.S. (1919), the Supreme Court ruled that Congress could ban certain types of
speech if they constituted
A) abstract advocacy of overthrowing the government.
B) a threat to law and order.
C) seditious acts.
D) a clear and present danger to society.
E) disparaging remarks about government policies.

6) The direct incitement test allows government to limit speech
A) that is intended and likely to result in imminent lawless action.
B) that criticizes the government during wartime.
C) that advocates for a non-democratic form of government.
D) of accused terrorists.
E) that is likely to be offensive according to contemporary community standards.

7) In a case involving Gregory Johnson, the Supreme Court ruled that
A) limits on campaign spending were unconstitutional.
B) limits on campaign contributions were unconstitutional.
C) flag burning was constitutionally protected freedom of speech.
D) cross burning was constitutionally protected freedom of speech.
E) pornography was constitutionally protected freedom of speech, but obscenity could be
limited.

8) In New York Times v. Sullivan (1964), the Supreme Court ruled that
A) libel and slander were constitutionally protected forms of speech.
B) ʺactual maliceʺ must be proved to support libel against a public figure.
C) prior restraint was unconstitutional.
D) false or negligent speech was not protected by the First Amendment.
E) the government could prevent the New York Times from publishing stolen classified
military documents.

9) Which of the following types of speech can government restrict?
A) slander
B) symbolic speech
C) political speech
D) unpopular speech
E) hate speech

10) In which decision did the Supreme Court rule that material is obscene and can be restricted if
it is ʺutterly without redeeming social importanceʺ and appeals primarily to the ʺprurient
interestʺ?
A) Reno v. American Civil Liberties Union
B) Chaplinsky v. New Hampshire.
C) Near v. Minnesota.
D) The People v. Larry Flynt.
E) Roth v. U.S.