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CHAPTER 5: FREEDOM OF EXPRESSION 1. Anonymous political expression played an important role in the early formation of the United States. a. True b. False ANSWER: True 2. The Fifth Amendment protects American's rights to freedom of religion and freedom of expression. a. True b. False ANSWER: False 3. The Supreme Court has ruled that the Fifth Amendment protects the right to speak anonymously as part of the guarantee of free speech. a. True b. False ANSWER: False 4. In general, the closer an Internet service provider (ISP) is to a pure service provider than to a content provider, the more likely that the Section 230 immunity of the Communications Decency Act (CDA) will apply. a. True b. False ANSWER: True 5. An oral defamatory statement is libel. a. True b. False ANSWER: False 6. With dynamic content filtering, each Web site’s content is evaluated immediately before it is displayed, using techniques such as object analysis and image recognition. a. True b. False ANSWER: True 7. Typically, Internet service providers (ISPs) have the resources to prescreen online content. a. True b. False ANSWER: False


Chapter 5: Freedom of Expression 8. Anti-SLAPP laws can identify whether there are any merits to a lawsuit. a. True b. False ANSWER: True 9. The goal of the Child Online Protection Act (COPA) was to protect children from harmful material on the World Wide Web, however, it was ruled unconstitutional. a. True b. False ANSWER: True 10. Over the years, a number of federal, state, and local laws have been found unconstitutional because they violated one of the tenets of the First amendment. a. True b. False ANSWER: True 11. With URL filtering, a particular URL or domain name is identified as an objectionable site and the user is not allowed access to it. a. True b. False ANSWER: True 12. Free-speech advocates believe that purchasing adult pornographic material is illegal and wrong even for consenting adults. a. True b. False ANSWER: False 13. The right to freedom of expression is restricted when the expressions, whether spoken or written, are untrue and cause harm to another person. a. True b. False ANSWER: True 14. A strategic lawsuit against public participation (SLAPP) is typically without merit. a. True b. False ANSWER: True


Chapter 5: Freedom of Expression 15. The Children’s Internet Protection Act (CIPA) was an attempt to protect children from accessing pornography and other explicit material online. a. True b. False ANSWER: True 16. A U.S. citizen who posts material on the Web that is illegal in a foreign country cannot be prosecuted in that country. a. True b. False ANSWER: False 17. Internet filters cannot block users from accessing useful information. a. True b. False ANSWER: False 18. Anonymity on the Internet is practically guaranteed. a. True b. False ANSWER: False 19. Each violation of the provisions of the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN- SPAM) Act can result in a fine of up to $250 for each unsolicited email, and fines can be tripled in certain cases. a. True b. False ANSWER: True 20. Messages whose primary purpose is to communicate information about a specific transaction are subject to the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act. a. True b. False ANSWER: False 21. Private schools may prohibit students, instructors, and other employees from engaging in offensive speech. a. True b. False ANSWER: True


Chapter 5: Freedom of Expression 22. The plaintiff in a strategic lawsuit against public participation (SLAPP) can present themselves to the court admitting that their intent is to censor their critics. a. True b. False ANSWER: False 23. Anti-SLAPP laws are designed to protect children from pornography. a. True b. False ANSWER: False 24. Pornography purveyors are free to produce and publish whatever they want; however, if what they distribute is judged obscene, they are subject to prosecution under the obscenity laws. a. True b. False ANSWER: True 25. Most countries other than the United States do not provide constitutional protection for hate speech. a. True b. False ANSWER: True 26. If an employee sees a coworker viewing porn on a workplace computer, the organization can be sued in a sexual harassment lawsuit. a. True b. False ANSWER: True 27. The Bill of Rights provides protection for the expression of minority views including speech that is unpopular or highly offensive to a majority of people. a. True b. False ANSWER: True 28. The Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act can be used in the fight against the dissemination of pornography. a. True b. False ANSWER: True


Chapter 5: Freedom of Expression 29. An approach to restricting access to Web sites is to subscribe to an Internet service provider (ISP) that performs the blocking. a. True b. False ANSWER: True 30. The Communications Decency Act was aimed at protecting children from pornography, but it was found unconstitutional. a. True b. False ANSWER: True 31.

is an absolute defense against a charge of defamation. a. Libel b. Slander c. The First Amendment d. Truth ANSWER: d

32. Miller v. is the Supreme Court case that established a test to determine if material is obscene and therefore not protected by the First Amendment. a. Brown b. California c. Stern d. Texas ANSWER: b 33. Which of the following can provide a virtually untraceable level of anonymity to email messages? a. Relay servers b. Podcasts c. Web mail servers

d. Remailers

ANSWER: d 34.

is a strategy employed by corporations, government officials, and others against citizens and community groups who oppose them on matters of public interest. a. A John Doe lawsuit b. A SLAPP c. Internet censorship d. Anonymous expression ANSWER: b

35. Section 230 of the provides immunity to an Internet service provider (ISP) that publishes user-generated content, as long as its actions do not rise to the level of a content provider. a. Online Protection Act b. Online Privacy Protection Act c. Internet Freedom and Nondiscrimination Act d. Communications Decency Act ANSWER: d


Chapter 5: Freedom of Expression 36. Proponents of the Children’s Internet Protection Act (CIPA) contended that shielding children from drugs, hate, pornography, and other topics is a sufficient reason to justify . a. Internet filters b. spams c. compression d. encryption ANSWER: a 37. Although people have the right to express opinions, they must exercise care in their Internet communications to avoid possible charges of . a. Internet censorship b. doxing c. declamation d. defamation ANSWER: d 38. Possession of child pornography is a federal offense punishable by up to a. two b. five c. seven

years in prison.

d. ten

ANSWER: b 39. The Supreme Court has held that obscene speech and be forbidden by the government. a. audition b. defamation c. declamation

are not protected by the First Amendment and may

d. demarcation

ANSWER: b 40. A defining moment in the history of freedom of the press in the United States came in 1735 when jurors refused to convict for seditious libel. a. George Washington b. Ben Franklin c. Paul Revere d. John Zenger ANSWER: d 41. Which of the following statements best describes the reason why social networking companies cannot be sued for defamation for user postings that appear on their sites? a. The Communications Decency Act (CDA) uses a vague definition of indecency. b. The Communications Decency Act (CDA) is not applicable to social networking sites. c. Section 230 of the Communications Decency Act (CDA) is not considered unconstitutional. d. Section 230 of the Communications Decency Act (CDA) does not provide immunity to an Internet service provider (ISP). ANSWER: c


Chapter 5: Freedom of Expression 42. Despite the importance of in early America, it took nearly 200 years for the Supreme Court to render rulings that addressed it as an aspect of the Bill of Rights. a. privacy b. freedom c. anonymity

d. rights

ANSWER: c 43. The became law in 1996. Its purpose was to allow freer competition among phone, cable, and TV companies. a. Telecommunications Act b. Telecommunications Deregulation and Reform Act c. Child Online Protection Act d. Communications Opportunity, Promotion and Enhancement Bill ANSWER: a 44. Which of the following can be used against an anonymous defendant to reveal truths about the defendant's identity? a. Internet censorship b. A John Doe lawsuit c. Hate speech

d. An anti-SLAPP law

ANSWER: b 45. Which of the following statements is true of Communications Decency Act (CDA)? a. Title V of the CDA was the Telecommunications Act, aimed at protecting children from pornography. b. The CDA imposed a $150,000 fine and a prison term of up to five years for the transmission of “indecent� material over the Internet. c. The problem with the CDA was its broad language and vague definition of "indecency," a standard that was left to individual communities to determine. d. In June 2004, the ruling by the Supreme Court in the case of Ashcroft v. American Civil Liberties Union made it clear that CDA was unconstitutional. ANSWER: c 46. The California State Court in Pre-Paid Legal v. Sturtz et al. set a legal precedent that refined the criteria courts apply to . a. subpoenas requesting the identity of anonymous Web posters b. determination of obscene material c. Internet filtering within public libraries d. identification of hate speech ANSWER: a


Chapter 5: Freedom of Expression

47. Although they may implement a speech code, are legally considered agents of the government and therefore must follow the First Amendment’s prohibition against speech restrictions based on content or viewpoint. a. religious institutions b. public schools and universities c. Internet service providers

d. communications providers

ANSWER: b 48. U.S. laws do not allow a person to be for engaging in an activity protected by the U.S. Constitution, even if the activity violates the criminal laws of another country. a. imprisoned b. sued c. extradited

d. judged

ANSWER: c 49. If an employee sees a coworker viewing porn on a workplace computer, that employee may be able to claim that the company has . a. encouraged defamation of the character of its employees b. engaged in racial discrimination c. violated the employee’s First Amendment rights d. created a hostile work environment ANSWER: d 50. Which of the following statements is true of Children’s Internet Protection Act (CIPA)? a. In case of CIPA, Congress specifically defined what content or Web sites should be forbidden and the measures to be used. b. CIPA requires the tracking of Internet use by minors or adults. c. In June 2004, the Supreme Court ruling in the case of Ashcroft v. American Civil Liberties Union made it clear that CIPA was unconstitutional. d. CIPA requires federally financed schools to use some form of technological protection to block computer access to obscene material. ANSWER: d 51.

is the control or suppression of the publishing or accessing of information on the Internet. a. Internet filtering b. Anonymous expression c. Internet censorship

d. Slander

ANSWER: c 52. Violation of the can cause a school or public library to lose funding to help pay for its Internet connections. a. Child Online Protection Act (COPA) b. Children’s Internet Protection Act (CIPA) c. Children’s Online Privacy Protection Act (COPPA) ANSWER: b

d. Communications Decency Act (CDA)


Chapter 5: Freedom of Expression 53. In the United States, speech that is merely annoying, critical, demeaning, or offensive enjoys protection under the__ Amendment. a. First b. Second c. Fourth

d. Fifth

ANSWER: a 54. A(n) is software that can be installed with a Web browser to block access to certain Web sites that contain inappropriate or offensive material. a. Internet filter b. router c. bridge

d. Web modem

ANSWER: a 55.

has the largest online population in the world and also perhaps the most rigorous Internet censorship. a. United States b. India c. Japan d. China ANSWER: d

56. A survey by the Nielsen found that of the workforce accessed pornography from their workplace computer. a. less than 15 percent b. 29 percent c. 50 percent d. nearly 75 percent ANSWER: b 57. Proponents of the Children’s Internet Protection Act (CIPA) argued that: a. schools can define what sites to block. b. Internet filters are highly flexible and customizable. c. the motives of private software companies who develop the Internet filters are clear. d. CIPA transfers power to education over private software companies who develop the Internet filters. ANSWER: b 58.

allows people to state their opinions without revealing their identity. a. Defamation b. Anonymous expression c. Libel ANSWER: b

d. A John Doe lawsuit


Chapter 5: Freedom of Expression 59.

involves the examination of Internet records in an attempt to reveal the identity of an anonymous poster. a. Remailing b. Doxing c. Slandering

d. Libeling

ANSWER: b 60. An oral defamatory statement is called a. libel b. hate speech c. slander d. exaggeration ANSWER: c

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Ch05 freedom of expression  

Ch05 freedom of expression  

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