Deck 4: Civil Liberties

Question 1

While the due process clause of the Fourteenth Amendment as written requires state governments to limit their actions against individuals, it is through the process of selective incorporation that states have actually been forced to change their behavior.

Answer 1

True

Question 2

The Supreme Court plays a significant role in balancing interests and drawing lines to define freedoms and liberties.

Answer 2

True

Question 3

The right to bear arms can be found in the Third Amendment.

Answer 3

False

Question 4

The Supreme Court ruled in 2011 that the Westboro Baptist Church hate speech was NOT protected under the First Amendment.

Question 5

The Bill of Rights was interpreted by the early Supreme Court to apply to the national government and the states.

Question 6

Preventing ritualistic sacrifices in religious ceremonies is an example of the "clear and present danger" test.

Question 7

The Fourth Amendment was the most significant of the so-called Civil War Amendments, passed in the wake of the North's victory in the Civil War.

Question 8

Prior restraint is related to the probable cause requirements police must meet before searching someone's home.

Question 9

The Supreme Court is more likely to restrict government regulation of political speech than commercial speech because of the explicit language of the First Amendment.

Question 10

The exclusionary rule is controversial because it states that evidence cannot be used in court when police have obtained it without a valid search warrant.

Question 11

The Bill of Rights was created at the Constitutional Convention because the Federalists feared government power.

Question 12

Civil liberties are basic protections against government action that may restrict the freedom of individuals.

Question 13

Americans' religious freedoms are based on two different clauses in the First Amendment: the free exercise clause and the establishment clause.

Question 14

Recent decisions by the Supreme Court involving restrictions on the death penalty show that public opinion and political change can sometimes affect the Court's decisions.

Question 15

The due process clause of the Fourteenth Amendment is an important extension of civil liberties because it guarantees provisions of the Bill of Rights at the state level.

Question 16

Selective incorporation-the process of applying elements of the Bill of Rights to the actions of the national government-has not been applied to the Second Amendment.

Question 17

Obscenity is difficult to define since community standards can vary in different parts of the country.

Question 18

The Supreme Court's standards for deciding what political speech is protected have narrowed, meaning that the Court allows the government to censor more people now than in the past.

Question 19

Passage of the Fourteenth Amendment after the Civil War meant that states were immediately held to the same restrictions that applied to the federal government.

Question 20

The reason that flag burning is permitted and the burning of draft cards is not is because burning draft cards interferes with Congress's right to create a military.

Question 21

The Bill of Rights originally applied to:

A) only the national government.
B) only the state governments.
C) both the national and state governments.
D) neither the national nor the state governments.
E) only some state governments.

Question 22

The Alien and Sedition Acts passed in 1798 challenged which part of the Bill of Rights?

A) freedom from unreasonable search
B) freedom of religion
C) right to a jury trial
D) freedom of speech
E) right to bear arms

Question 23

Civil liberties are guaranteed by which part of the Constitution?

A) Eleventh Amendment
B) Article I
C) Bill of Rights
D) Preamble
E) Tenth Amendment

Question 24

Which of the following specifically applied one of the Bill of Rights amendments to state action?

A) Barron v. Baltimore
B) Gitlow v. New York
C) Alien and Sedition Acts
D) Marbury v. Madison
E) McCulloch v. Maryland

Question 25

What are the first ten Amendments to the Constitution called?

A) the Bill of Rights
B) the Great Compromise
C) due process rights
D) civil rights guarantees
E) privacy rights

Question 26

When the Supreme Court says that specific parts of the Bill of Rights apply to the actions of state government, it is engaging the doctrine of:

A) dual citizenship.
B) due process.
C) selective incorporation.
D) free exercise.
E) equal protection.

Question 27

The tension between individual civil liberties and the needs of the federal government to provide national security is an example of what?

A) the exclusionary rule as it applies to national security
B) the Second Amendment's role in security policy
C) how important protections of freedom of religion have become in contemporary America
D) the need to balance interests when discussing civil liberties
E) the power of Congress to determine civil liberties policies

Question 28

Which amendment protects against unreasonable search and seizure?

A) First
B) Second
C) Third
D) Fourth
E) Fifth

Question 29

When the Supreme Court makes decisions in civil liberties cases, it frequently weighs the protection of an individual's freedoms against the public good. In doing this, the Court is:

A) establishing civil rights.
B) creating new liberties.
C) censoring the president.
D) balancing interests.
E) writing new laws.

Question 30

How was the Bill of Rights developed?

A) Civil liberties were central to the debate at the Constitutional Convention.
B) A committee was formed during the Constitutional Convention, but its recommendations were ignored.
C) It was drafted after the ratification process had begun.
D) It was drafted at the Constitutional Convention.
E) It was universally opposed at the Constitutional Convention.

Question 31

Which of the following does NOT describe selective incorporation?

A) It increased the significance of the Bill of Rights.
B) It is based on the language of the Fourteenth Amendment.
C) It is the process of extending civil liberties guarantees to state action.
D) It incorporates the idea of due process at the state level.
E) It is determined by state governments.

Question 32

All of the following describe inclusion of the Bill of Rights in the Constitution EXCEPT:

A) it was one of the initial issues taken up by the first Congress.
B) it was partly supported to build more unity behind the new national government.
C) it was driven in part by a need to silence opponents to ratification of the Constitution.
D) it was approved at the Constitutional Convention.
E) it emerged from Antifederalist opposition to the Constitution.

Question 33

Which event prompted the harshest crackdowns on free speech since the Sedition Act of 1798 and led to cases such as Schenck v. United States?

A) World War II
B) Civil War
C) Vietnam War
D) Korean War
E) World War I

Question 34

Civil liberties are:

A) absolute guarantees of political freedom.
B) restrictions on government action that are intended to protect political freedoms.
C) required government actions intended to promote equality.
D) responsibilities for citizens outlined in the Constitution.
E) absolute guarantees of political equality.

Question 35

Who opposed ratification of the Constitution until after the inclusion of a bill of rights?

A) Federalists
B) Democratic-Republicans
C) Antifederalists
D) No one opposed ratification.
E) James Madison

Question 36

Which of the following forbids states from denying "life, liberty, or property" without following rules based on the Bill of Rights?

A) establishment clause
B) necessary and proper clause
C) clear and present danger doctrine
D) due process clause
E) privileges and immunities clause

Question 37

Even after the Civil War, former slaves did not enjoy the same protection from state governments as they did from the national government. Why?

A) The Supreme Court still embraced the standard of dual citizenship, despite the Fourteenth Amendment.
B) The Supreme Court felt the Civil War had effectively ended slavery.
C) The Dred Scott decision had ruled that slaves were property.
D) The Fifth Amendment also applied to the states.
E) The due process clause had been ruled unconstitutional.

Question 38

________, or the use of words to express your feelings or views about the government, is the most protected form of expression.

A) Political speech
B) Symbolic speech
C) Hate speech
D) Unpopular speech
E) Commercial speech

Question 39

Which civil liberties are NOT protected in the First Amendment?

A) speech
B) assembly
C) press
D) religion
E) privacy

Question 40

The Supreme Court hears a case about a decision by the state of Rhode Island to house troops in a citizen's home. This violates the Third Amendment of the U.S. Constitution. While the Third Amendment had not explicitly applied to the state of Rhode Island before this case, the Court rules that it should and that Rhode Island may not quarter troops in someone's house. This is an example of what?

A) clear and present danger test
B) intermediate scrutiny
C) selective incorporation
D) establishment clause
E) free exercise clause

Question 41

Spending in campaigns by individuals and groups that is independent of the candidate's campaign is:

A) a form of speech that can only be regulated by the state governments.
B) a form of regulated speech that is protected because of the Fourteenth Amendment's fair elections clause.
C) protected and unregulated speech because the Courts have ruled that such spending is not corruptive.
D) protected specifically because of freedom of the press.
E) is a form of slander that is not protected by the courts.

Question 42

The purpose of the Smith Act was to:

A) ban communists from entering the United States.
B) restrict the emergence of a third party to compete with Democrats and Republicans.
C) restrict the Communist Party by banning advocacy or force against the United States.
D) suppress antiwar protesters.
E) eliminate the draft.

Question 43

Unspoken actions that communicate political ideas:

A) receive no protection under federal law.
B) can sometimes fall under the protection of the First Amendment.
C) are regulated primarily by the U.S. Congress.
D) are regulated primarily by the states.
E) are protected as an absolute right for all Americans and can never be restricted by the government.

Question 44

When it comes to the question of prior restraint on the press, the Supreme Court:

A) has set a high bar for the government to meet if it wants to restrict the press.
B) favors the national government over the press, particularly in times of war and conflict.
C) treats it as a matter of settled law.
D) follows Congress's lead in regulating the press.
E) defers to the Federal Communications Commission.

Question 45

What types of searches may be permitted based on a weaker "reasonable suspicion"?

A) searches for weapons
B) searches of items "in plain view"
C) searches of cars
D) searches of "armed and dangerous" subjects
E) school searches

Question 46

Burning the flag is an example of what?

A) slander
B) hate speech
C) symbolic speech
D) libel
E) a clear and present danger

Question 47

Under what circumstances can government regulate freedom of assembly?

A) only the time and place of the event
B) time, place, and manner of the event without considering the content of the message
C) time, place, and manner of the event as long as the regulation is content neutral
D) only during times of war
E) none, since freedom of assembly is an absolute right

Question 48

Which test said that political speech was protected except where it aimed to cause imminent "lawless action"?

A) direct incitement test
B) strict scrutiny test
C) clear and present danger test
D) Lemon test
E) selective incorporation test

Question 49

Edward Snowden leaked information about the National Security Agency's activities; he might maintain he was exercising which right?

A) freedom of speech
B) freedom of the press
C) the right to privacy
D) freedom of expression
E) freedom to bear arms

Question 50

Why would most, if not all, of the sedition convictions during World War I and the Red Scare be overturned today?

A) The Smith Act of 1940 gave citizens broader free speech protections.
B) Few citizens object to American actions overseas in the way they did back then.
C) The Supreme Court has since ruled that free speech is an absolute right with no exceptions.
D) The United States no longer relies on a military draft.
E) The current standard of the direct incitement test means that speech that sounds dangerous might not actually pose a real threat to public safety.

Question 51

Speech that is offensive or abusive, particularly in terms of race, gender, or sexual orientation, is called:

A) symbolic speech.
B) hate speech.
C) libelous speech.
D) slanderous speech.
E) expressive speech.

Question 52

The clear and present danger test established in Schenck v. United States allowed suppression of speech that might prevent the government's ability to fight a war because:

A) the First Amendment does not allow for protests against government action.
B) the First Amendment allows for a ban on unpopular speech.
C) Congress can alter the meaning of the First Amendment during times of war.
D) the government had a right to protect its own security and existence against "substantive evils."
E) citizens cannot protest against the government during times of war.

Question 53

Despite treating campaign spending as a form of protected speech, the Supreme Court does prohibit:

A) "soft money" contributions to political parties.
B) unlimited spending by rich candidates on their own campaigns.
C) how much money individuals and groups can spend independent of a candidate's campaign.
D) how much money presidential candidates can spend on their own campaigns if they don't accept public funding.
E) any form of public funding for presidential campaigns.

Question 54

Under what circumstances have the courts allowed symbolic speech to be regulated?

A) when the symbolic speech conflicts with another substantial government interest unrelated to ideas
B) when the symbolic speech opposes actions the government has taken
C) when the symbolic speech involves the destruction of things such as the U.S. flag
D) if a member of Congress brings a lawsuit to prevent the symbolic speech
E) if the symbolic speech is being done on private property

Question 55

Why have lower courts struck down speech codes that ban hate speech?

A) They violate the due process clause of the Fourteenth Amendment.
B) They are not considered content neutral.
C) They were not approved by a state legislature.
D) They were unpopular with students.
E) They caused too many protests on college campuses.

Question 56

Which of the following does NOT constitute an example of symbolic speech?

A) campaign buttons
B) flags
C) student activity fees
D) campaign signs
E) destroying public property during a protest

Question 57

The clear and present danger test allows government to:

A) regulate political speech when it is inconvenient.
B) prevent people from protesting some government actions, such as wars.
C) limit some political speech but only when it may cause significant harm to others.
D) jail dissidents and malcontents in some extreme circumstances.
E) regulate minority viewpoints among citizens.

Question 58

A township passes an ordinance that prevents a Nazi group from marching through town. The Supreme Court would likely overturn the ordinance as a violation of the group's freedom of:

A) religion.
B) petition.
C) press.
D) assembly.
E) speech.

Question 59

All of the following can pose serious challenges to press freedoms EXCEPT:

A) confidential sources for journalists in criminal matters.
B) national security interests.
C) the desire to ensure a fair trial for a criminal defendant.
D) the need to stop terrorist attacks.
E) the due process clause.

Question 60

The Pentagon Papers case balanced what two considerations?

A) freedom of the press and national security
B) content-neutrality standards and national security
C) the public's right to know and content-neutrality standards
D) freedom of the press and the public's right to know
E) freedom of assembly and national security

Question 61

The right to counsel was provided in the________ Amendment. After the decision in ________, this was extended to require that counsel be provided for you if you could not afford an attorney.

A) Sixth; Gitlow v. New York
B) Sixth; Gideon v. Wainwright
C) Fourth; Gitlow v. New York
D) Fourth; Gideon v. Wainwright
E) Fifth; Gideon v. Wainwright

Question 62

Which of the following is NOT part of the Miller test for defining obscenity?

A) It is patently offensive to the average person.
B) It only appeals to prurient interests of average people.
C) It lacks any literary or artistic value.
D) It includes no warning of potential adult content.
E) All are included in the Miller test.

Question 63

Statements that damage someone's reputation are called:

A) political speech.
B) obscenity.
C) libel or slander.
D) hate speech.
E) commercial speech.

Question 64

Frank works at a local insurance company. Jim, Frank's colleague, sends an e-mail to the rest of the company containing malicious and false statements about Frank, with intent to injure Frank's reputation. This is an example of what?

A) symbolic speech
B) libel
C) hate speech
D) slander
E) prior restraint

Question 65

The Fourth Amendment:

A) provides the right to legal counsel and a jury trial in front of peers.
B) prohibits cruel and unusual punishment.
C) protects against unreasonable searches by the police.
D) protects people from having to testify against themselves in a court of law.
E) provides the right to bear arms.

Question 66

The Fourth, Fifth, Sixth, and Eighth Amendments contain which sets of rights?

A) due process
B) the five freedoms
C) civil
D) criminal
E) natural

Question 67

Child pornography is found to be obscene because:

A) it meets the standards of the Miller test.
B) it meets the standards of the Lemon test.
C) it presents clear and present danger.
D) it is direct incitement.
E) it does not satisfy strict scrutiny.

Question 68

Which of the following protections refers to prohibitions against being tried twice for the same crime?

A) double jeopardy
B) Miranda rights
C) exclusionary rule
D) cruel and unusual treatment
E) establishment clause

Question 69

The Miller test is a set of rules for determining whether:

A) something is obscene.
B) the government can prevent the press from publishing something.
C) Congress can regulate speech about the U.S. government.
D) a public figure has been slandered.
E) someone has committed treason.

Question 70

Fighting words, obscenity, and libel receive:

A) the same level of protection as political speech.
B) less protection than political speech.
C) more protection than political speech.
D) no attention from the federal government.
E) no form of punishment.

Question 71

Which event preceded the Brady campaign to prevent gun violence?

A) the assassination of President John F. Kennedy in 1963
B) the assassination of Martin Luther King, Jr., in 1968
C) the end of the Vietnam War
D) the Supreme Court's decision in 2008 to strike down the District of Columbia's ban on handguns
E) the assassination attempt on President Ronald Reagan in 1981

Question 72

The right against self-incrimination, based in ________, is an example of ________.

A) the Fifth Amendment; due process rights
B) the Fourth Amendment; settled law
C) Miranda v. Arizona; due process rights
D) the Bill of Rights; a free speech protection
E) the First Amendment; a free speech protection

Question 73

In 2013 the Court passed down a ruling saying that DNA:

A) could only be collected with a warrant.
B) was considered private property and not subject to government collection.
C) could not be used in a court of law.
D) was protected by the First Amendment.
E) could be collected as part of identifying an arrested suspect.

Question 74

Which part of the Bill of Rights was the latest to be applied at the state level?

A) Second Amendment
B) Fourth Amendment
C) First Amendment
D) Fifth Amendment
E) Fourteenth Amendment

Question 75

Which statement describes the recent trends in laws about abortion?

A) The states have been making it easier for people to obtain an abortion.
B) The federal government has been making it easier for people to obtain an abortion.
C) There have been no significant trends one way or another, at the state or federal level.
D) The federal government has been making it more difficult to obtain an abortion.
E) The states have been making it more difficult to obtain an abortion.

Question 76

Which of the following is NOT one of the due process rights?

A) right to a fair trial
B) right to consult a lawyer
C) freedom from unreasonable search and seizure by police
D) freedom from government requirements to provide housing for soldiers
E) protection against self-incrimination

Question 77

The broad right to an abortion, subject to specific state limitations, was guaranteed in which court case?

A) Miranda v. Arizona
B) Gideon v. Wainwright
C) Lawrence v. Texas
D) Roe v. Wade
E) Griswold v. Texas

Question 78

The Supreme Court has ruled that the government can make laws about commercial speech when:

A) someone brings the speech to the Court's attention.
B) the Federal Communications Commission is unanimous in opposition.
C) that speech is misleading.
D) the speech airs on television.
E) the speech is not educational.

Question 79

Current legal standards on libel and slander distinguish between comments made about average, ordinary people and those made about:

A) foreigners.
B) anonymous figures.
C) public figures.
D) family.
E) coworkers.

Question 80

The Second Amendment concerns:

A) freedom of assembly.
B) the right to bear arms.
C) cruel and unusual punishment.
D) double jeopardy.
E) the right to privacy.