Question 1 Speech protected under the First Amendment can include ...

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Question 1
Speech protected under the First Amendment can include written, oral, and visual communications and activities such as sit-ins, or flag burning. These activities are known as expressive or symbolic speech. Like the standard applied to time, place and manner restrictions, regulation of expressive or symbolic speech is upheld if:
a. the regulation is within the government's power to enact of
b. the regulation furthers an important governmental interest
C. the governmental interest is related to the suppression of ideas
d. both a) and b)
e. both a) and c)
f. all of the above
g. none of the above

Question 2
Prior restraint is regulation of speech that occurs in advance of its publication. Prior restraint is permissible when there is a particular harm that must be avoided like press coverage that threatens the fairness of a trial.
a. true
b. false

Question 3
Under the First Amendment peaceable assembly cannot be prohibited or regulated.
a. true
b. false

Question 4
Under the First Amendment it is safe to say that outrageous or offensive speech:
a. never receives special protection since it is a category of unprotected speech.
b. always receives special protection under the First Amendment.
C. sometimes receives special protection under the First Amendment.
d. is not protected because of its offensive nature and content.

Question 5
Jack organizes a political march through Seattle. At the end Jack gives an impassioned speech. A group of counter- demonstrators gathers. The police become concerned that violence will ensue. The police ask Jack to stop speaking. He is arrested when he refuses. How are courts most likely to interpret this action in terms of the First Amendment?
a. The action is permissible because any time violence may ensue from a speech, the police can request that the speaker stop.
b. The action is impermissible because the First Amendment requires that the police try to control the hostile crowd before arresting the speaker.
C. The action is impermissible because a hostile crowd can never justify the police in arresting a speaker.
d. The action is permissible since the police advised Jack that his speech was arousing hostility and he had a chance to tone down his words.

Question 6
Kent Greenawalt in "Rationales for Freedom of Speech" claims that the argument strands in support of free speech have problems, but collectively provide adequate support for rights to free speech and expression.
a. true
b. false

Question 7
Alexander Meiklejohn proposes that the First Amendment protect which of the following activities in addition to freedom of speech, press, assembly, and petition:
a. education in all its phases
b. the achievements of philosophy and science
C. public discussions of public issues
d. the freedom to vote
e. both a) and b)
f. all of the above
g. none of the above

Question 8
Dorf and Tarrow examined the use of stings and scams to spread fake news. They observe that the longtime norm objective investigative journalism has been replaced by activist journalism. They conclude that the rise of a cultural "right to know" and emergence of social media creates a growing problem for free speech advocates.
a. true
b. false

Question 9
Ken Himma claims that "hacktivism" is reasonably defined as "politically motivated hacking" or as "hacking that is performed as political activism." In general Himma argues that:
a. hacktivism is never morally justified
b. hacktivism is justified when it occurs anonymously
c. hacktivism is unjustified when those who engage in this activity do it openly and have ethical motives
d. both a) and c)
e. both b) and c)
f. all of the above
g. none of the above

Question 10
According to the 'just trust us argument' covered in class the appropriate balance between privacy, liberty, and security should be determined by:
a. elected politicians who have more information and apply commonly held values
b. secretive committees of security experts
C. computer algorithms and predictive analytics
d. trust-worthy citizens and hackers who are highly intelligent
e. both a) and c)
f. both b) and d)
g. all of the above

Question 11
Some hackers argue that hacking is morally justified because it increases humanity's stock of information and barriers to information are illegitimate. The most well-reasoned challenge(s) to this argument is/are:
a. hacking is never justified
b. unauthorized trespassing on other people's computers or networks is not necessary for information to 'get out' and become shared
C. some barriers are justified because individuals have rights to privacy
d. both a) and c)
e. both b) and c)
f. none of the above

Question 12
According to the consent argument, we consent to surveillance, information trading, etc., by freely providing access to personal information. Problems for this argument include:
a. security interests should always override privacy interests
b. allowing access to personal information does not necessarily mean waiving all claims over the downstream uses of this information
C. since it is virtually impossible to opt out (and illegal in some states to put on a disguise in public) how can it be said that we have actually consented to all of this surveillance
d. governments have legitimate interests in gathering information about citizens
e. both b) and c)
f. none of the above

Question 13
An example of a foreseen but unintended act/consequence is:
a. a cyber attacker hacks a system and shuts down a power grid
b. a network administrator defends a computer system from an attack
C. a network administrator defends a computer system from an attack and in doing so accidentally deletes company data
d. a cyber attacker hacks a website with the intention of defacing it
e. both c) and d)
f. none of the above

Question 14
Clement Guitton argues that:
a. positive rights are good and lead toward flourishing
b. governments do not have legitimate interests in gathering information about citizens
C. hacking in self-defense and 'hack-back' hacking are justified
d. security interests may override privacy interests
e. efforts should be made to stop the development of dark-web services
f. both b) and d)
g. all of the above
h. none of the above

Question 15
Openness and accountability are essential elements of a democratic society, whether at the local, state, or federal level. All citizens should have access to all information created by and stored by the government, and the opportunity to participate in governance. The "right to information" or "freedom of information" includes:
a. proactive dissemination of government data and information by agencies
b. leaked governmental information, whether by whistleblowers or hacktivists
C. the requirement that all governmental meetings be open to public observation
d. individual requests for public records not already disseminated
e. the requirement that governmental agencies hold hearings on proposed rules
f. all but b)
g. all but c) and e)
h. only a) and c)

Question 16
Critically evaluate the hacker slogan "information wants to be free" in the context of any two of the following: intellectual property, privacy, free speech, or security. Should information be "free" in terms of price and/or accessibility? Referencing the authors and articles of at least two readings we have covered this term, give an argument in support of your view.

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These solutions may offer step-by-step problem-solving explanations or good writing examples that include modern styles of formatting and construction of bibliographies out of text citations and references. Students may use these solutions for personal skill-building and practice. Unethical use is strictly forbidden.

Question 1. Correct answer: d. both a) and b)
This is the correct answer because Chief Justice Warren stated as much in United States v. O’Brien (1968)…though, the exact words were “…within the constitutional power of the Government” – not the far more vague “within the government’s power to enact”.
I considered the possibility that a) and b) were the right options, but I was thrown by the wording of option a).
Question2 Prior restraint…: a. true
Question 3. Correct answer: b. false...

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