Deck 4: Civil Liberties

Question 1

Imagine you are arrested. What should you do to assert your rights?

Answer 1

If you are arrested, it is important to assert your rights in order to protect yourself. First and foremost, you have the right to remain silent. This means that you do not have to answer any questions from law enforcement or other authorities. You should clearly and calmly state that you are exercising your right to remain silent.

You also have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. It is important to request an attorney as soon as possible and not to answer any questions until your attorney is present.

Additionally, you have the right to know why you are being arrested and to be informed of the charges against you. You should ask for this information if it is not provided to you.

It is important to assert these rights firmly and respectfully. It is also important to follow any instructions from law enforcement regarding the arrest process, such as being cooperative during the booking process.

Asserting your rights is crucial to protecting yourself and ensuring that you receive fair treatment during the arrest and legal process.

Question 2

Are threats of violence directed at other people protected by the First Amendment? Does the legal status of such threats change if they are made via social media?

Answer 2

Threats of violence directed at other people are generally not protected by the First Amendment of the United States Constitution. The First Amendment protects freedom of speech, but it does not protect all forms of speech without limitation. The Supreme Court has recognized several categories of speech that are not protected, including "true threats."

A "true threat" is defined as a statement that is meant to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. The speaker must intend to create a fear of harm in the intended victim. Such threats are not protected speech because they can cause disruption, fear, and have the potential to incite violence.

The legal status of threats does not fundamentally change when they are made via social media. While the context and reach of social media can affect the interpretation of the threat (e.g., whether it was a joke or hyperbole), threats made online can still be considered "true threats" and thus not protected by the First Amendment. Law enforcement agencies and courts will evaluate the content of the message, the context in which it was made, and the speaker's intent to determine whether it constitutes a true threat.

In recent years, there have been several cases where individuals have faced legal consequences for threats made on social media platforms. The Supreme Court case Elonis v. United States (2015) addressed the issue of intent in online threats, ruling that the prosecution must provide evidence of the defendant's subjective intent to threaten. This means that for a statement to be considered a true threat, the speaker must have intended for the communication to be threatening.

In summary, threats of violence directed at other people are not protected by the First Amendment, regardless of whether they are made in person, in writing, or through social media. The context and intent behind the threat are critical factors in determining its legal status.

Question 3

The Supreme Court has ruled that free speech rights don't apply to students in public schools (Morse v. Frederick, 2007). How does this ruling apply to university students? How might free speech rules differ for students at private vs. public universities?

Answer 3

The Supreme Court ruling in Morse v. Frederick (2007) does not categorically state that free speech rights do not apply to students in public schools. Instead, the ruling is more nuanced. The case involved a student at a public high school who displayed a banner reading "BONG HiTS 4 JESUS" at a school-supervised event. The Supreme Court held that the First Amendment does not prevent educators from suppressing student speech at a school-supervised event when that speech is reasonably viewed as promoting illegal drug use.

The implications of this ruling for university students are not straightforward because the context of higher education is different from that of secondary education. Universities, especially public ones, are often seen as marketplaces of ideas where a higher level of free speech is expected and protected. The legal standards applied to high schools do not necessarily apply in the same way to colleges and universities.

For public universities, which are government entities, the First Amendment protections apply more robustly. Courts have generally held that college students enjoy broader free speech rights than younger students because they are adults and because the mission of higher education is tied to the free exchange of ideas. Restrictions on speech at public universities must meet a higher standard of scrutiny and are often subject to strict tests to ensure they do not infringe on constitutional rights.

Private universities, on the other hand, are not directly bound by the First Amendment because they are not government actors. However, many private institutions commit to free speech principles as a matter of policy and through their own codes of conduct. The extent to which free speech is protected at a private university will depend on the institution's policies and the contractual agreements it has with its students. Some states have laws that extend certain free speech protections to students at private universities, but these vary by state.

In summary, while Morse v. Frederick addressed the scope of student speech rights in a public high school context, its direct applicability to university students is limited. Public university students generally enjoy broader free speech rights under the First Amendment, while private university students' rights are more dependent on institutional policies and state laws.

Question 4

Does freedom of the press apply to the student paper at your institution?

Question 5

Can you legally sacrifice goats in your garage as part of a religious ritual? Can your city or town prevent you from doing so?

Question 6

It has been said that the "exclusionary rule" allows criminals to escape punishment. Argue for or against this statement.

Question 7

It has been said that Miranda warnings allow criminals to escape punishment. Argue for or against this statement.

Question 8

According to the Supreme Court's ruling in City of Boerne v. Flores, the Religious Restoration Act of 1993:

A) Was an unconstitutional usurpation of power by Congress
B) Barred prayer in public schools
C) Properly corrected an erroneously decided precedent
D) Unconstitutionally restricted the free exercise of religion

Question 9

According to the accommodationist interpretation, the establishment clause of the First Amendment prohibits ____________ by the government.

A) prior restraint of the press
B) the establishment of a national church
C) prosecution for religious beliefs
D) any state support of religious organizations

Question 10

Actual malice is a standard that is now applied in freedom of the press cases involving:

A) National security
B) Prior restraint
C) Obscenity
D) Libel

Question 11

Both the Robinson v. California and Furman v. Georgia cases were landmark decisions in the Supreme Court's rulings on:

A) Abortion
B) Search and seizure
C) The right to counsel
D) Cruel and unusual punishment

Question 12

Civil liberties are freedoms guaranteed to Americans in the:

A) Declaration of Independence
B) Preamble to the Constitution
C) Reconstruction Amendments
D) Bill of Rights

Question 13

Civil liberties differ from civil rights because civil liberties refer to protection:

A) Of individual freedoms, not criminal rights
B) Of majority freedoms, not minority rights
C) From government action, not from other citizens
D) From other citizens, not from the government

Question 14

Current court standards for rulings in cases of libel make a distinction between:

A) Men and women
B) Local and national media
C) Television and newspapers
D) Public figures and private citizens

Question 15

The belief that we can do or say anything we want is an example of the myth of:

A) Guaranteed political and social equality
B) The timeless and perfect Constitution
C) Absolute or complete liberty
D) Democratic politics

Question 16

Using the concept of selective incorporation, the Supreme Court has:

A) Incorporated important parts of state law into the Bill of Rights
B) Limited the states' powers to incorporate cities and towns
C) Made parts of the Bill of Rights apply to state governments
D) Selectively revised the meaning of several civil rights

Question 17

Government-sponsored school prayer is prohibited by the Supreme Court as a violation of:

A) The First Amendment
B) The Second Amendment
C) The Fifth Amendment
D) The Full Faith and Credit clause

Question 18

If police officers searched everyone leaving a store and they had no search warrant, you could refuse to be searched based on your constitutional rights guaranteed by which amendment?

A) Second
B) Fourth
C) Sixth
D) Eighth

Question 19

In 1943, the Supreme Court ruled that students are constitutionally protected from:

A) Being compelled to salute the flag
B) Mandatory education through twelfth grade
C) The military draft until the age of majority in their individual state
D) Mandatory participation in school prayer

Question 20

In 2000, the Supreme Court struck down prayers at:

A) Pep rallies
B) Football games
C) Lunch counters
D) Study hall sessions

Question 21

In 2005, the Court ruled that it is unconstitutional to execute someone for a crime committed before the age of:

A) Eighteen
B) Nineteen
C) Twenty
D) Sixteen

Question 22

In Gideon v. Wainwright, the Supreme Court extended defendants' rights related to:

A) Self-incrimination
B) Compelled testimony by members of one's family
C) Guidelines for police interrogations
D) Representation by an attorney if charged with a felony

Question 23

In Roe v. Wade, the Court ruled that states can prohibit abortion altogether in the ____ trimester(s).

A) first
B) second
C) second and third
D) third

Question 24

In United States v. Eichman, the Supreme Court ruled that:

A) Yelling "Fire!" in a crowded theater is an example of a clear and present danger
B) Flag burning is a constitutionally protected form of free speech
C) Displaying a banner that reads "Bong Hits 4 Jesus" is a constitutionally protected form of free speech
D) Children are constitutionally protected from having to recite the Pledge of Allegiance

Question 25

In cases regarding government aid to church-supported schools, the Supreme Court has prohibited:

A) Free public busing of children to parochial schools
B) The provision of textbooks on secular subjects to parochial schools
C) The use of public funds to supplement the salary of parochial school teachers
D) Support for public health services in parochial schools that are available in public schools

Question 26

In clarifying the legal test used in deciding obscenity cases, the Supreme Court's ruling led to:

A) Increased local legislation on this issue
B) The possibility of increasing the availability of pornographic movies
C) A higher conviction rate for pornographers
D) A conflict of interest between the Court and state law

Question 27

In the 1947 case in which the Supreme Court first interpreted the establishment clause, it allowed a New Jersey plan that:

A) Provided free bus transportation for children attending parochial schools
B) Supplemented teacher salaries in parochial schools
C) Provided textbooks on religious topics to parochial schools
D) Allowed construction costs for private colleges to be shared with the state

Question 28

In the 1950s, Justice Brennan's legal test to determine obscenity relied on the viewpoint of:

A) The members of the House and Senate
B) The members of the Supreme Court
C) The average person in a community
D) The leaders of a community

Question 29

The Supreme Court's ruling in McDonald v. City of Chicago was important because:

A) It overturned a previous decision.
B) The ruling affected gun owners.
C) It determined that Second Amendment rights should apply to the states, not just individuals.
D) The rights of citizens were being trampled on.

Question 30

In Wisconsin v. Yoder, which dealt with compulsory school attendance for Amish children, the Supreme Court ruled that states:

A) Must respect a "wall of separation" between church and state
B) May have an overriding interest in the education of children
C) May not "unduly burden" the free exercise of religion
D) Cannot create legislation that refers directly or indirectly to religion

Question 31

In the Roe v. Wade decision, the Supreme Court extended:

A) The requirement for state governments to cover the cost of all abortions
B) The right to life
C) The right to privacy to cover abortions
D) The right to deny a woman an abortion

Question 32

Near v. Minnesota was the first significant prior restraint case to come before the Supreme Court and ultimately protected the right of newspapers to print:

A) Detailed articles breaching national security
B) The names of local individuals who were undergoing divorce
C) The real ages of local society matrons
D) Scandalous and defamatory articles

Question 33

Of the various tests of the constitutionality of restrictions on free speech, which assumes that free speech is so fundamental to a democracy that it deserves special protection?

A) The bad tendency test
B) The equity test
C) The dangerous tendency test
D) The preferred freedoms test

Question 34

Police officers must inform persons they are arresting of their constitutional rights according to the guidelines established in:

A) Gitlow v. New York
B) Furman v. Georgia
C) Miranda v. Arizona
D) Griswold v. Connecticut

Question 35

Probable cause is a test that applies to cases involving:

A) Denial of due process
B) Issuance of a search warrant
C) Prior restraint of the press
D) Denial of the right to counsel

Question 36

Recent Supreme Court rulings have established both "inevitable discovery" and "good faith" exceptions to the:

A) Exclusionary rule
B) Miranda ruling
C) Civil Rights Act
D) Right to counsel

Question 37

Searches can be conducted without a warrant if:

A) A suspect consents
B) There is probable cause to believe closed containers conceal contraband
C) The police are in hot pursuit of a suspect
D) All of the above

Question 38

States ratified the Constitution only on the condition that the new Congress would:

A) Strengthen the document with a guarantee of personal liberties
B) Give states the authority to pass their own legislation concerning civil liberties
C) Revisit the language of the Constitution in twenty years
D) Add a section allowing states to review legislation before it became law

Question 39

The landmark 1937 case of Palko v. Connecticut involved:

A) The application of the Bill of Rights to states
B) Protection against cruel and unusual punishment
C) The establishment of free speech tests
D) Guaranteeing defendants the right to counsel

Question 40

The 2006 case Hudson v. Michigan was most notable because it concerned a police search without:

A) A warrant
B) Probable cause
C) Approval from a judge
D) Knocking

Question 41

The Supreme Court in Barron v. Baltimore ruled that the Bill of Rights limited the actions of:

A) Only the national government
B) Only the state governments
C) All the governments in the United States
D) State, but not federal, courts

Question 42

The Supreme Court's 1965 decision in Griswold involved a Connecticut law regarding:

A) Abortion
B) The death penalty
C) Birth control devices
D) Marriage

Question 43

The Supreme Court's decision in Planned Parenthood of Southeastern Pennsylvania v. Casey was significant because it:

A) Struck down several restrictions on abortion
B) Rejected the trimester framework developed in Roe v. Wade
C) Allowed partial-birth abortions
D) Overturned Roe v. Wade

Question 44

The Supreme Court's decision in Planned Parenthood of Southeastern Pennsylvania v. Casey introduced the ____ test in abortion law.

A) "undue burden"
B) "rational basis"
C) "two-tier"
D) "strict plausibility"

Question 45

The First Amendment, written in absolute terms, is more likely to be subject to the myth:

A) Of free speech for the oppressed
B) That newspapers are immune from lawsuits challenging their content
C) That states have the authority to govern free speech
D) Of absolute liberty

Question 46

The Miller v. California ruling established the current standard for obscenity by saying that sexual material is obscene if it:

A) "Is utterly without redeeming social value"
B) "Offends national standards of Christian morality"
C) "Lacks serious literary, artistic, political, or scientific value"
D) "By contemporary community standards, appeals to prurient interest"

Question 47

The Palko decision of the Supreme Court:

A) Was the first ruling in a tidal wave of defendant rights legislation
B) Was ultimately overturned in 1969
C) Guaranteed government protection against unfair treatment
D) Has stood the test of time in enumerating defendants' rights

Question 48

The Religious Freedom Restoration Act of 1993 overturned the Supreme Court ruling in Employment Division v. Smith by saying that:

A) Laws may not restrict the exercise of religion unless they further some compelling government interest.
B) No laws may be passed that favor Native American worship over other religions.
C) The right to use hallucinogenic drugs in worship is guaranteed to all citizens.
D) Laws may restrict the exercise of religion if the restriction is only an unintended result of an otherwise valid limitation.

Question 49

The Schenck v. United States case established which of the following tests for individual liberty?

A) Clear and present danger
B) Preferred freedoms
C) Dangerous tendency
D) No prior restraint

Question 50

The Sixth Amendment to the Constitution guarantees:

A) Freedom of assembly
B) The right to defense by an attorney
C) Security against illegal searches and seizures
D) Protection from cruel and unusual punishment

Question 51

The Supreme Court has ____ voucher plans that provide state funds to parents who want to send their child to a school other than the assigned public school.

A) not considered
B) refused to consider
C) not allowed
D) allowed

Question 52

The ____ Amendment was the first to extend the protections under the Bill of Rights to state governments.

A) Twelfth
B) Thirteenth
C) Fourteenth
D) Fifteenth

Question 53

The admission of an illegally coerced confession at a trial does not require that the conviction be overturned if:

A) The conviction was for a petty offense.
B) The defendant is unable to impeach the credibility of the witness.
C) The trial judge rules that the confession would have been given even without the coercion.
D) Given all the other evidence, the impact of the confession was harmless.

Question 54

The current stance of the Supreme Court regarding medically assisted suicide is that it:

A) Is a matter best left up to the states
B) Should be strictly prohibited
C) Should be universally allowed, with some restrictions
D) Is morally and legally permissible with family support

Question 55

The death penalty may be imposed only by:

A) The Supreme Court
B) A jury or a judge acting upon the recommendation of a jury
C) The federal government
D) The state's discretion

Question 56

The Supreme Court decision in the Pentagon Papers case in 1971 limited the government's ability to use national security to justify:

A) Denial of free speech
B) Denial of due process
C) Illegal search and seizure
D) Prior restraint of the press

Question 57

The exclusionary rule ensures that:

A) Police have to explain why they want a search warrant
B) Automobiles are excluded from the rules of search
C) Illegally obtained evidence cannot be used in court
D) Police don't have to obtain a warrant to search for drugs

Question 58

According to most historians, the original U.S. Constitution did not include a specific listing of civil rights and liberties because:

A) There was significant dispute over what these rights should include
B) The Framers had not yet agreed on the definition of citizenship
C) English common law provided no framework for such a listing
D) The Framers felt that such a list was unnecessary

Question 59

The prayer that was struck down in the Court's controversial 1962 decision came from:

A) The Bible
B) An ancient prayer book
C) A Lutheran hymnal
D) The New York State Board of Regents

Question 60

The vague wording of the Fourth Amendment and the way it has been applied makes it:

A) Impossible to consistently define a search as "unreasonable"
B) Difficult to uphold in federal court
C) Able to be defined as the state sees fit
D) Impossible to apply to felons

Question 61

Those who read the First Amendment as banning government involvement in all religious affairs advocate:

A) An accommodationist interpretation
B) Allowing school-sponsored prayers
C) A wall of separation between church and state
D) A balancing of the interests

Question 62

Urging young men to resist the draft during World War I was considered a violation of the ____ by the Supreme Court.

A) clear and present danger test
B) libelous action test
C) bad tendency test
D) Lemon test

Question 63

Which statement best summarizes the Court's decision in the Furman case?

A) It ruled the death penalty constitutional
B) It ruled the death penalty unconstitutional
C) It did not rule on the constitutionality of the death penalty
D) It ruled the death penalty unconstitutional as it was being applied

Question 64

The Bill of Rights was originally added to the Constitution:

A) During the final debates at the Constitutional Convention
B) After ratification by the thirteenth state
C) To alleviate concerns raised at state ratification conventions
D) Due to pressure from Benjamin Franklin

Question 65

Which of the following was NOT a test of free speech?

A) Clear and present danger test
B) Bad tendency test
C) Overt falsehood test
D) Preferred freedoms test

Question 66

Which of the following BEST describes the view of the Supreme Court on free speech?

A) It has always seen free speech as absolute
B) It has regularly endorsed significant restrictions on free speech
C) It has allowed more types of speech to be protected over time
D) It sees free speech as an issue for state courts

Question 67

Which test provides the easiest path for the government to restrict speech?

A) The bad tendency test
B) The clear and present danger test
C) The preferred freedoms test
D) The overt falsehood test

Question 68

The burning of a U.S. flag is:

A) A violation of federal law
B) An example of symbolic speech
C) Not an issue the Supreme Court has needed to address
D) None of the above

Question 69

One of the difficulties in applying free speech to social networks is defining the difference between:

A) Public and private
B) True threats and rudeness
C) Fact and fiction
D) Synchronous and asynchronous

Question 70

U.S. Representative Anthony Weiner was forced to resign due to:

A) Cyberbullying
B) Sexting
C) Trolling
D) Catfishing

Question 71

According to recent Court decisions, posts on social networks like Facebook are:

A) Not protected, as there is no assumption of privacy
B) Not protected, because of federal oversight of the Internet
C) Protected under the right to privacy
D) Protected under the First Amendment

Question 72

Prior restraint applies to:

A) Any situation in which the government prevents speech
B) The press
C) Efforts to limit campaign commercials
D) Private citizens but not public citizens

Question 73

If you use print or pictures to harm someone's reputation, you could be sued for:

A) Libel
B) Slander
C) Character assassination
D) Poor judgment

Question 74

If you verbally attack someone's reputation, you could be sued for:

A) Libel
B) Slander
C) Character assassination
D) Poor judgment

Question 75

Generally speaking, who of the following is LEAST likely to win a libel lawsuit against a magazine that publishes a false accusation regarding alcohol abuse?

A) Your instructor
B) A police officer
C) The president of the United States
D) A taxicab driver

Question 76

Supreme Court rulings on obscenity have made it:

A) Impossible to find something to be obscene
B) Difficult to find something to be obscene
C) Fairly easy to find something to be obscene
D) The responsibility of Congress to define what is obscene

Question 77

The one area in which the Supreme Court has been consistent on obscenity is:

A) Child pornography
B) The use of vulgar language
C) Pornographic films
D) Printed pornography

Question 78

The 1961 case of Mapp v. Ohio established the ____ rule for illegally seized evidence.

A) common sense
B) exclusionary
C) plain sight
D) due process

Question 79

Since 1976, the most inmates executed in a single year was nearly:

A) 100
B) 500
C) 1,000
D) 5,000

Question 80

In 2002, the Supreme Court ruled that it was a violation of the Eighth Amendment to execute:

A) Women
B) The mentally handicapped
C) The elderly
D) Prisoners convicted of crimes other than murder