Brandenburg Quiz

1
Brandenburg Quiz
2
Clarence Brandenburg was a member of what white
supremacist organization?

• A. The Neo-Nazis of Northern Ohio
• B. The National Alliance
• C. The Ku Klux Klan
• D. All of the above

3
What is revengence?

• 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

4
What law was Brandenburg charged and convicted
under?

• A. The Smith Act
• B. The National Security Act of 1947
• C. The Ohio Criminal Syndicalism Act of 1919
• D. None of the above

5
Parker argues that Brandenburg v. Ohio explicitly
overturned which prior Supreme Court case?

• A. Abrams v. US
• B. US v. Schenck
• C. Whitney v. California
• D. Gitlow v. New York

6
The case Parker cites as creating categorical
exceptions to the First Amendment was

• A. Smith v. Yates
• B. Chaplinsky v. New Hampshire
• C. Whitney v. California
• D. Brandenburg v. Ohio

7
According to Parker which test is MORE likely to
criminalize a larger array of speech?

• 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 speecha categorical exception to the
  First Amendment Parker, p. 147

8
Thought questions

• 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
  overthrowis too remote from concrete action

9
Who wrote the first draft of the Brandenburg
decision for the Supreme Court?

• A. Earl Warren
• B. Abe Fortas
• C. Hugo Black
• D. William Brennan

10
What was the decision in the Brandenburg case?

• 5-4 reversing the conviction
• 5-4 upholding the conviction
• 9-0 upholding the conviction
• 9-0 reversing the conviction

11
What did the Court articulate as the new test for
whether or not incitement violates the law?

• 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

12
As a result of Brandenburg, calls for nonviolent
civil disobedience can now be criminalized.

• True
• False

13
Thought Question

• Parker argues that Brandenburg commits the Court
  to a review of the facts in an individual case,
  why is that significant?