Police Sergeant Practice Exam

Which scenario is not protected under the First Amendment?

1. Publishing a controversial opinion

2. Peacefully protesting

3. Yelling "fire" in a crowded theater where there is no fire

4. Speaking against government policies

The correct answer is: Yelling "fire" in a crowded theater where there is no fire

The scenario where someone yells "fire" in a crowded theater where there is no fire is not protected under the First Amendment because it presents a clear and present danger. The First Amendment protects free speech, but this protection has limits, particularly when the speech can lead to immediate harm or panic. In this case, yelling "fire" could incite mass hysteria, cause injury, or create a dangerous situation, thus it falls outside the boundaries of protection that the First Amendment provides. The Supreme Court has established that speech which poses a threat to public safety is not protected, emphasizing the need for a balance between free expression and the welfare of the community. In contrast, publishing a controversial opinion, peacefully protesting, and speaking against government policies all represent forms of expression that the First Amendment supports, as they contribute to the marketplace of ideas that democracy relies on.