AnswersU.S. Government - SS3315 ICCase Study: The Stolen Valor Act

Case Study: The Stolen Valor Act Answers

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1
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What was the Supreme Court’s ruling in New York Times Co. v. Sullivan?

A
False speech is unacceptable in every circumstance.
B
False speech is never harmful to listeners.
C
False speech cannot be constitutionally protected.
D
False speech can be allowed if it is not intentionally malicious.
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Sample response: In this case, the Court ruled that states must prove that a person had malice when he or she created a false statement. Malice is an intentional decision to cause harm. This case relates to my case because it explains that speech can be restricted for content reasons if malice can be proven. Which ideas did you include in your response? Check any that apply.The government must prove that a speaker has malice when making a false statement about a public official.Fields is also fa

A
The government must prove that a speaker has malice when making a false statement about a public official.
B
Fields is also facing a restriction on his speech for content reasons.
3

What is the main idea in this ruling? How could it impact United States v. Fields?Write a two- to three-sentence response that answers both questions.

Answer:

The main idea of the ruling is that the government must prove 'actual malice' or an intent to cause harm when restricting false speech about public officials. This could impact United States v. Fields by establishing that Fields' false statements about military honors are only punishable if the government can prove they were made with a specific intent to defraud or cause harm.

4

In Texas v. Johnson, the Supreme Court ruled that the expression of ideas could not be prohibited

A
unless the act of expression involved a physical act instead of words.
B
in cases involving nonverbal acts of expression.
C
unless public safety or security were threatened.
D
just because the ideas expressed are unpopular.
5

What is the main idea in this ruling? How could it impact United States v. Fields?Write a two- to three-sentence response that answers both questions.

Answer:

In Texas v. Johnson, the court ruled that the government cannot prohibit the expression of an idea simply because it is offensive or disagreeable. This ruling could impact United States v. Fields by suggesting that Fields's false claims about military honors, though offensive, are protected speech under the First Amendment.

6

Sample response: In this case, the court ruled that Johnson had the right to free speech when he burned his flag. Governments cannot restrict a person's free speech just because the content of what they are saying is offensive or disagreeable. My case is also about the content of a person's speech, and Fields also made an offensive type of statement by lying. Which ideas did you include in your response? Check any that apply.The court ruled that Johnson had his right to free speech violated.The

A
The court ruled that Johnson had his right to free speech violated.
B
The First Amendment protects speech even if it is unpopular or disliked.
C
Fields may be protected by the standard in this ruling.

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