Freedom of Expression Interactions

 

 

 

 

 

 

 

Defamation is a form of speech which is:
Choice 1 Completely unprotected.
 Choice 2 Largely unprotected.
Choice 3 Somewhat protected.
 Choice 4 Completely protected.
The First Amendment ensures our freedom of “speech.” This includes:
Choice 1 Spoken words only.
 Choice 2 Spoken words and symbolic speech equally.
Choice 3 Spoken words, writing, music, visual arts or any other form of expression, and symbolic speech equally.
 Choice 4 Spoken words, writing, music, visual arts or any other form of expression, and symbolic speech, but not all are protected to the same degree.
For expression to be “obscene” it:
Choice 1 Must appeal to the prurient interest and must be patently offensive under the law.
 Choice 2 Must lack any serious value (political, artistic, literary, or scientific).
Choice 3 Both (a) and (b).
 Choice 4 None of the above.
Christopher walks into the office where he works one day and decides he has had enough of his supervisor’s antics. He uses company supplies to construct a small picket sign and walks up and down the hallways carrying the sign (which reads “Management Unfair to Labor”) and chanting “What do we want? More choices of soda in the kitchen and fewer company e-mails about dress codes! When do we want it? Now! What do we want? More choices of soda in the kitchen and fewer company e-mails about dress codes! When do we want it? Now!” He is stopped by security, escorted from the premises, and summarily terminated from his position. He sues for wrongful termination and defends his actions by appeal to the first Amendment. What is the likely result of his First Amendment claim?
Choice 1 Chris WINS, because oral speech, such as his chants, and written speech, such as the sign, are both protected forms of expression under the First Amendment.
 Choice 2 Chris WINS, because the First Amendment does not provide any less protection here simply due to the relative frivolity of Chris’ championed cause.
Choice 3 Chris LOSES, because there has been no government action.
 Choice 4 Chris LOSES, because although his First Amendment rights have been violated he was an employee-at-will, which means ha could be fired for any reason or no reason.
The law firm of Codd & Cooney is growing quickly, and has had its best year yet. In order to thank its many clients in the community, the firm buys a full page in the local paper on which is written “Codd & Cooney would like to thank its many clients for their loyalty and for choosing Codd & Cooney to represent your interests. We hope to be able to continue to serve the community for many years to come.” Contact information and a list of the firm’s attorneys is included at the bottom. Is this commercial speech?
Choice 1 YES, because it could be construed as a solicitation of future business from existing clients and new clients.
 Choice 2 YES, because it does not say “Not an advertisement” at the bottom.
Choice 3 NO, because it is simply a public “Thank you” note.
 Choice 4 NO, because no prices are given and no list of services available appears.

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