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5. A federal statute makes it a felony “for any person to whom any federal tax return or return information is disclosed without authorization willfully to print or publish in any manner not provided by law any such return or return information.” A journalist receives from an anonymous source the old tax returns of a prominent politician who has refused to make her tax returns public. The journalist turns the tax returns over to other news organizations, which make them public. The politician acknowledges that the tax returns are hers, but she objects to their publication. The government seeks to punish the news organizations, and the news organizations raise a facial challenge to the federal statute. How should the court rule?

12. Which of the following would most likely be considered unprotected speech under the fighting words doctrine?

22. On June 10, 2021, a Syrian refugee by the name of Mohammad al Abboud dived at a man named John Howard who was attempting to assassinate President Biden, saving the President’s life. Al Abboud asked the press not to print his name. Not only did the press ignore his plea, but the headlines the next morning read “Muslim Syrian Refugee Saves Biden’s Life.” Al Abboud wishes to bring a libel action against the press since he is not a practicing Muslim. He claims that he can show actual harm in the form of anti-Muslim harassment than he and his family have faced as a result of the press having identified him as a Muslim. Assume that for purposes of First Amendment analysis of the state’s libel provision, al Abboud will be considered a private individual and this event will be considered a matter of public concern. What standard of liability must al Abboud meet in order for his suit to meet First Amendment standards:

18. Which of the following regulations probably violates the First Amendment?

9. The town of Bomont, Oklahoma passes an ordinance banning all dancing. The first person to be arrested for violating the ordinance is a rebellious teenager who organizes a secret and illegal prom after moving to town. Which of the following is the best answer concerning his possible First Amendment defense:

23. Same facts as in Question 22, except that al Abboud is a practicing Muslim. The press learned that al Abboud was Muslim by looking at a publicly available IRS application for non-profit status that al Abboud filed for a Muslim charity he founded. Al Abboud does not wish to dispute the press’s reporting that he is Muslim, but wishes to bring an invasion of privacy case against the press for reporting a private fact. Which of the following is true?

6. In response to private picketing of the residences of doctors who practice at an abortion clinic, Oklahoma City enacts an ordinance banning picketing before or about the dwelling of any individual regardless of the purpose of the picketing. Which of the following would a court most likely hold in a challenge to this ordinance?

13. When a protest erupts near the White House, police cordon off the White House Lawn. One of the unarmed protestors is arrested for incitement of disorderly conduct after shouting at a police officer in front of about 200 crowd members, “Bombs can’t be barricaded!” How should the trial court rule on a First Amendment-based motion to dismiss the criminal complaint?

Refer to Figure 1.7. This economy will achieve efficiency in production at

19. Which of the following is the MOST accurate statement regarding “symbolic speech” or “expressive conduct”?