PrepTest 118, Section 4, Question 21

Must Be TrueDifficulty2 of 5
The questionFull text in your LawHub copy of PrepTest 118

Etiquette firmly opposes both obscene and malicious talk,(63 more words not shown)

Which one of the following(11 more words not shown)

Reading the argument

A discussion can be controversial without becoming a shouting match. We don't have to avoid every upsetting idea to treat each other respectfully.

That's the distinction this passage draws. Etiquette concerns when and how we speak. Some settings are inappropriate for a disturbing discussion; in a suitable setting, we should discuss the issue civilly. None of that by itself establishes that the government should make the speech illegal. A rule of manners and a legal ban are different things.

What we’re looking for

We're asked to apply these principles. I'd look for people choosing an appropriate way to handle a difficult discussion. Keep the content and the manner separate: the principle can allow the controversial idea while rejecting an offensive way of treating the other participants.

Working the answers

  • A

    Being friendly to neighbors sounds like good manners, but the passage gives a more specific account involving the expression and discussion of ideas. Neighbors could greet each other curtly without discussing any controversial idea or saying anything obscene or malicious. A isn't as close a match to the stated principles as a rule governing how such a discussion is conducted.

  • B

    Intensive questioning need not be uncivil. A prosecutor could ask a cooperative witness many careful, detailed questions without insulting anyone or using obscene language. The passage doesn't require a civil discussion to be brief or undemanding.

  • C

    The passage doesn't give us a majority-vote test for restricting speech. It says that etiquette's opposition to obscene and malicious talk does not itself imply the need for legal restrictions. C supplies a condition concerning public opinion that isn't part of the stated principles.

  • D

    A news conference about a controversial policy could be an appropriate place to ask difficult questions. A question might embarrass a politician while still being asked civilly and serving the discussion. The passage doesn't tell journalists to avoid any question that might embarrass someone.

  • E
    Correct

    The panel can discuss a divisive moral issue, but its participants should do so without calling one another names. That directly applies the final part of the passage: when a controversial discussion is appropriate, conduct it civilly. The moderator keeps the discussion respectful without ruling out the issue itself.

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