Praxis II World and US History

Category - US Government

Which of the following acts is not an act of free speech as protected by the First Amendment?
  1. A published parody of a public figure that inflicts emotional distress upon the subject
  2. A public speech in which the speaker incites the crowd to kill any member of a certain ethnic group upon encountering them
  3. Burning the American flag
  4. A single citizen's political campaign contribution that is in excess of $2,500
Explanation
Answer: D - Campaign contributions in excess of $2,500 between a single citizen and a political candidate's campaign are not considered free and lawful expression due to FEC restrictions. While donating money to a political cause or candidate is recognized as an act of speech, the amount a person or group may donate is limited to keep individuals from “buying” elections or candidates. Speech that incites general violence (like urging a crowd to harm people of a certain ethnic background if or when they see them) is protected speech due to the necessity for imminent domain, as the Court ruled in Brandenburg v. Ohio (1969). For an incitement to violence to lose free speech protection, it must call for an act of violence to occur in the near future and with some degree of specificity about the intended victim.
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