Transcript Brandenburg Quiz

Brandenburg Quiz
Clarence Brandenburg was a member of
what white supremacist organization?
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A.
B.
C.
D.
The Neo-Nazis of Northern Ohio
The National Alliance
The Ku Klux Klan
All of the above
What is “revengence?”
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A. What Clarence Brandenburg called
for as he spoke at the rally and cross
burning.
B. A creative and intentional
combination of the words vengence and
revenge.
C. Both of the above
What law was Brandenburg
charged and convicted under?
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A. The Smith Act
B. The National Security Act of 1947
C. The Ohio Criminal Syndicalism Act of
1919
D. None of the above
Parker argues that Brandenburg v. Ohio
explicitly overturned which prior Supreme
Court case?
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A.
B.
C.
D.
Abrams v. US
US v. Schenck
Whitney v. California
Gitlow v. New York
The case Parker cites as creating
categorical exceptions to the First
Amendment was:
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A.
B.
C.
D.
Smith v. Yates
Chaplinsky v. New Hampshire
Whitney v. California
Brandenburg v. Ohio
According to Parker which test is MORE
likely to criminalize a larger array of
speech?
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A. The clear and present danger test
B. The bad tendency test
“By criminalizing speech tending to produce unlawful
action, the bad tendency test effectively reclassified
any incitement as unprotected speech—a categorical
exception to the First Amendment” Parker, p. 147
Thought questions
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Why are balancing tests likely to undervalue
speech when weighed against other societal
issues?
Why was Yates v. US an important precursor
to Brandenburg v. Ohio?
“Mere doctrinal justification of forcible overthrow…is too
remote from concrete action”
Who wrote the first draft of the
Brandenburg decision for the Supreme
Court?
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A.
B.
C.
D.
Earl Warren
Abe Fortas
Hugo Black
William Brennan
What was the decision in the
Brandenburg case?
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5-4
5-4
9-0
9-0
reversing the conviction
upholding the conviction
upholding the conviction
reversing the conviction
What did the Court articulate as the new
test for whether or not incitement violates
the law?
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The speech must be directed to
inciting lawless action
The advocacy must be calling for
imminent lawbreaking
The advocacy must be likely to
produce such conduct
As a result of Brandenburg, calls for
nonviolent civil disobedience can now be
criminalized.
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True
False
Thought Question
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Parker argues that Brandenburg
commits the Court to a review of the
facts in an individual case, why is that
significant?