English 1 Plus Midterm Exam
Part I (10 questions, 2 points each): Write two or three brief sentences only for each question in this section.
1. Page 1: Explain the difference between free speech under the Constitution versus free speech as it relates to what it may cost for some. What are the limits involved here? Why is it elusive as a concept?
2. Page 4: Explain why free speech is a “fixed star,” according to Justice Robert Jackson. Does Fish believe this is correct? What does he claim it, rather, is?
3. Page 6-7: Summarize how Fish uses the Zuckerberg example. How does Zuckerberg attempt to appease the issue of harmful speech on Facebook?
4. Pages 12-13: Summarize what rights the First Amendment provides, then, explain how Fish uses sports stadiums to explain his assessment of First Amendment provisions.
5. Page 19-20: What is a principle? Is free speech a principle, according to Fish? Briefly summarize how he uses law professor Larry Alexander to explain why free speech as a principle is nothing but an “empty vessel.”
6. Pages 22-24: Summarize briefly what Fish believes the First Amendment is for. Then, provide one example he uses to illustrate his argument.
7. Pages 26-27: What are the two stories of speech? Are both of these stories truthful, according to Fish? How so?
8. Pages 32-33: Define the liberal paradox. Then, explain what the First Amendment “harbors” within itself that might bring its own “demise.”
9. Page 35: Explain why Fish believes in free speech.
10. Page 36: Explain what Fish means when he argues that free speech is either communicative or that it produces noise.
Part II: (Two Short Paragraph Essays, 20 points each) All answers must be written using complete and grammatically correct sentences.
1. Pages 36-41: Summarize in two to three sentences Fish’s subtitle “The Harm in Hate Speech.” Then, provide another two to three sentence response agreeing, disagreeing, or partially agreeing/disagreeing with his argument.
2. Pages 46-49: Summarize in two to three sentences Fish’s subtitle “The Counterargument and the Marketplace of Ideas.” Then, provide another two to three sentence response agreeing, disagreeing, or partially agreeing/disagreeing with his argument.
Part III: (One-Page Essay, 40 points)
Pages 52-61: These last pages of chapter two begin to focus attention on the problems of defining hate speech as well as providing a theory for how a marketplace of ideas might become an answer to the liberal paradox. Summarize these ideas in one paragraph, then in a second paragraph, provide an assessment of Fish argument: do you agree, disagree, or partially agree/disagree. Provide substantial reasons for your response.