PrepTest 115, Section 2, Question 12

Must Be TrueDifficulty5 of 5
The questionFull text in your LawHub copy of PrepTest 115

Politician: It is wrong for the government to(37 more words not shown)

Which one of the following(8 more words not shown)

Reading the argument

Something can be offensive without being harmful. For this question, that's a distinction the politician gives us, whether or not we'd draw the same line in real life.

The politician's rule is that the government shouldn't restrict people's liberty, with a possible exception when leaving them free would allow harm. Think of restricting a dangerous person's freedom to prevent an attack. That illustrates the kind of case the exception could cover. But “perhaps” matters: the politician leaves open whether restriction is justified even in a harmful case.

Publishing is a liberty, and mere offense isn't harm under the stated rule. So if a publication is only offensive, it doesn't fall within even the possible exception. That's the inference I'd predict: the government shouldn't restrict that publication just because it offends people.

What we’re looking for

Keep the target clear as we check the choices. We're inferring a limit on the government's actions, not endorsing every offensive thing an individual might publish.

Working the answers

  • A
    Correct

    A publication that is only offensive isn't harmful under the politician's distinction. Publishing is a liberty, and the rule forbids restricting liberty outside the possible harm exception. The conclusion follows from those statements: restricting literature merely for being offensive is not right.

  • B

    This makes the possible exception into a definite permission. The politician says “except perhaps” when harm would otherwise occur. That leaves room to consider a restriction in such a case, but doesn't establish that restricting liberty is always acceptable then. B drops that uncertainty.

  • C

    We aren't told whether a government restriction is itself offensive or harmful. The politician classifies publishing as a liberty and distinguishes offense from harm. C changes the subject by making new claims about the effects of a restriction.

  • D

    Whether an individual acts wrongly by publishing something and whether the government may restrict it are different questions. A person could publish something objectionable that the government should nevertheless leave unrestricted. The politician's limit on government action doesn't settle the individual's moral conduct.

  • E

    The possible exception concerns harm, not only serious harm. A publication might cause some lesser harm without causing serious harm, and the politician hasn't ruled out restrictions in that situation. E narrows the exception and therefore prohibits more restrictions than the passage does. “Only offensive” in A avoids that extra claim.

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