Deck 4: Civil Liberties

Question 1

The incorporation theory

A) provides for Congressional oversight into multi-national corporations.
B) allows companies to incorporate through government application.
C) provides for government oversight to corporations doing business with the government.
D) is the view that the provisions of the Bill of Rights are extended to individuals for protection against state actions.
E) holds the view that most of the protections of the Bill of Rights apply to foreign government activities through the Fourteenth Amendment.

Answer 1

D

Question 2

Civil liberties

A) are not particularly important in the United States.
B) limit government actions against individuals.
C) allow the government the freedom or liberty to do what is necessary to run the country.
D) are a threat to libertarians.
E) None of the above is true.

Answer 2

B

Question 3

New York Times v. United States

A) affirmed the no-prior-restraint doctrine in the Pentagon Papers case.
B) upheld the government's right to let the public have information about Vietnam.
C) punished the New York Times for publishing secret documents.
D) affirmed the free speech of students in public schools.
E) Options A and C are true.

Answer 3

A

Question 4

The establishment clause in the First Amendment

A) has been applied to questions of the legality of state and local government aid to religious organizations and schools.
B) means that neither the federal government nor state governments can set up a church.
C) is different than the free exercise clause.
D) has been used to decide the actions of government allowing or prohibiting school prayer.
E) All the above are true.

Question 5

A concern with school vouchers is that they may be used at religious schools and, therefore, violate the

A) establishment clause.
B) supremacy clause.
C) free exercise clause.
D) Fifth Amendment.
E) exclusionary rule.

Question 6

If the Supreme Court overturned Roe v. Wade,

A) abortions would be illegal in the U.S.
B) health insurance companies would determine eligibility for abortions.
C) the authority to regulate abortion would fall to the states.
D) abortions would only be legal in the first trimester of the pregnancy.
E) abortions would be deemed "an invasion of privacy."

Question 7

The free exercise clause

A) limits the national government from prohibiting people from practicing their religions.
B) is part of the First Amendment.
C) allows the national government to exercise control over free speech.
D) helps state governments to provide charter schools.
E) Options A and B are true.

Question 8

Prior restraint is

A) used by Congress to hold secret committee meetings.
B) a method used by the government to get terrorists to talk.
C) another term for censorship, when expression is involved.
D) restraining an activity, such as expression, before that activity has actually occurred.
E) Options C and D are true.

Question 9

In Engel v. Vitale (1962), the Supreme Court threw out the Regents' prayer used in New York public schools because

A) it failed to follow established guidelines for school prayers.
B) many of the children were adherents of other non-Christian religions.
C) it did not refer to God.
D) it is no part of the business of government to compose official prayers.
E) Options A and B are true.

Question 10

The teaching of evolution in public schools

A) violates the establishment clause of the Constitution.
B) may be taught side by side with creationist theory.
C) violates the free exercise clause of the Constitution.
D) was addressed in Epperson v. Arkansas and various court cases since 1968.
E) All the above are true.

Question 11

In the Supreme Court case Lemon v. Kurtzman, the Court found that

A) government assistance to religious institutions must advance religious activities.
B) government programs may advance one particular religion over another.
C) the government must avoid excessive entanglement with religion.
D) government aid may be used to purchase prayer books and religious music.
E) government funding may support religious (non-secular) activities.

Question 12

Supreme Court decisions make it clear that

A) all citizens have a right to protect themselves.
B) all citizens should be able to conceal weapons in any state.
C) local governments have the right to ban guns.
D) that individuals may not own a gun if they have a violent temper.
E) individuals may only own one gun in certain states.

Question 13

A woman living in a conservative state

A) may not be able to access an abortion if she determines she needs one.
B) may be required to travel great distances to secure an abortion.
C) may be subject to a waiting period after counseling before accessing an abortion.
D) may be required to listen to counseling with inaccurate information before accessing an abortion.
E) All of the above are true.

Question 14

The Bill of Rights

A) protects individual religious freedom.
B) allows state government to regulate religion.
C) allows the national government to regulate religion.
D) provides for an official state religion.
E) provides protection for street drug use in religious ceremonies.

Question 15

Gun rights advocates

A) were disappointed when a 2008 Supreme Court case ruled that only state militias should be allowed to carry guns, not individuals.
B) were encouraged by a 2010 Supreme Court case that prevented state and local governments from completely banning guns.
C) advocate that local and state governments should determine gun restrictions.
D) support bans on concealed carry permits that cross state lines.
E) argue that states that widely allow concealed carry have higher murder rates.

Question 16

The concept of the separation of church and state

A) was referred to by Thomas Jefferson as "the wall of separation."
B) covers conflicts about the legality of giving state and local government aid to religious organizations and schools.
C) refers to the establishment clause of the First Amendment to the Constitution.
D) forbids the government from establishing an official religion.
E) All the above are true.

Question 17

All of the following are true about religious displays on public property except

A) court cases over these issues have been ruled upon under the establishment clause.
B) religious displays have been allowed in certain situations.
C) displays of a crèche at Christmastime may be allowed if non-secular displays are also being shown.
D) nativity scenes have been allowed to be displayed by themselves.
E) displays such as lights, Santa Claus, and reindeer have been allowed.

Question 18

The free exercise clause, protecting freedom of religious practice is found in the

A) Fifth Amendment.
B) First Amendment.
C) establishment clause.
D) Second Amendment.
E) religious amendment.

Question 19

As originally presented in the Constitution, the Bill of Rights

A) limited only the power of the national government, not that of the states.
B) protected citizens from all forms of government.
C) protected citizens from the national and state governments, but not from local governments.
D) limited only the power of state governments.
E) contained no language on religion.

Question 20

The Supreme Court began applying the Bill of Rights to state governments

A) immediately.
B) only after the impeachment of various justices was debated in Congress.
C) only in 1880, in cases dealing with criminal procedure.
D) only in 1925, in Gitlow v. New York, a case dealing with free speech.
E) only in 1940, in a case dealing with freedom of religion.

Question 21

Symbolic speech is

A) a law that is worded in a vague manner.
B) an area of expression that is not protected by the First Amendment.
C) the nonverbal expression of beliefs.
D) usually an expression of obscenity.
E) not applicable to flag burning.

Question 22

Obscenity

A) has been given constitutional protection.
B) was effectively defined by the Supreme Court in Miller v. California.
C) is considered legal free expression.
D) can be illegal if it is found to violate a four-part test established by the U.S. Supreme Court.
E) Options B and D are true.

Question 23

In 1969, the Supreme Court in Brandenburg v. Ohio

A) overturned a statute that prohibited anyone from advocating violence as a means to political reform.
B) upheld the conviction of a member of the Ku Klux Klan.
C) banned free speech protections for organizations like the Ku Klux Klan.
D) required the government to prove lawless activities followed free speech activities.
E) Options A and B are true.

Question 24

In Osborne v. Ohio, the Supreme Court ruled that states can outlaw the possession of child pornography in the home

A) because owning the material perpetuates commercial demand for it and for the exploitation of the children involved.
B) to protect children who may be living in the home.
C) because it universally violates community standards.
D) because it encourages deviant behavior.
E) when it employs graphics, as opposed to mere text.

Question 25

Libel is

A) the amount of insurance one must have on a motor vehicle.
B) defamation of character, reputation, business or property rights in writing.
C) printed material that cannot be proved true.
D) a form of civil rights for indigents.
E) another word for slander.

Question 26

The Communications Decency Act of 1996 and the Children's Online Protection Act of 1998

A) were designed to protect children from online pornography.
B) were found to violate protections against free speech.
C) used community standards to determine if materials were offensive.
D) were both challenged in the courts.
E) All of the above are true.

Question 27

Slander is

A) an attempt to do bodily harm.
B) the public uttering of a false statement that harms the good reputation of another.
C) printed material that cannot be proven true.
D) a law that prohibits the public from making negative statements about elected officials.
E) making false statements about another person in writing.

Question 28

The Supreme Court rulings on freedom of speech

A) forbid municipalities from banning Nazi marches.
B) allow municipalities to ban sound trucks in the late evening hours.
C) forbid anti-loitering ordinances to cut down on gang activity.
D) allow municipalities to require parade permits for crowd control.
E) All of the above are true.

Question 29

In 1965, in Griswold v. Connecticut, a case involving the legality of contraceptives, the Supreme Court

A) held that the law violated the right to privacy.
B) found that laws against contraceptives were legal.
C) guaranteed all women access to abortion.
D) ruled that the Court cannot establish a right unless it is specifically mentioned in the Constitution.
E) Options B and D are true.

Question 30

Which of the following is one of the requirements that must be met in order to consider a work obscene?

A) It must be offensive to a specific religious group.
B) It must lack serious redeeming literary, artistic, political, or scientific merit.
C) It must be determined to be commercial speech.
D) It must employ graphics, as opposed to mere text.
E) It must portray actual sexual intercourse.

Question 31

Commercial speech is usually defined as

A) any speech conducted via films, radio or television.
B) advertising statements.
C) speech made by public corporations as opposed to private organizations.
D) business-related speech.
E) speech made by organizations as opposed to private citizens.

Question 32

The Supreme Court reintroduced the bad tendency rule in 1969 which

A) modified the clear and present danger rule.
B) placed limitations on speech if such expressions might lead to some "evil."
C) allowed the police to round up teenagers who might be gang members for wearing tattoos.
D) Options A and B are true.
E) All of the above are true.

Question 33

Gag orders have been used to

A) prohibit one criminal from testifying against another.
B) restrict the publication of news about a trial in progress or a pre-trial hearing.
C) restrict what a juror may say to the press after the trial.
D) restrict what evidence must be shown to defense lawyers.
E) Options C and D are true.

Question 34

In the area of freedom of speech,

A) high schools can impose restrictions on speech that would not be allowed in colleges.
B) high school officials may censor school publications.
C) some universities continue to prohibit "hate speech."
D) campus speech restrictions have usually been ruled unconstitutional.
E) All the above are true.

Question 35

For a public figure to obtain a damage award under libel laws, he or she must

A) show that he or she has access to the public medium to disprove the charge.
B) show that the statement in question contained a reckless disregard for the truth.
C) prove that he or she suffered from the falsehood just as much as a private person.
D) prove the case beyond a shadow of a doubt.
E) Options A and B are true.

Question 36

Intellectual property piracy is

A) growing and negative affects sales of CDs, Blu-ray discs, and DVDs.
B) mainly being fought by online sites such as Google, YouTube, and Facebook.
C) declining since the Stop Online Piracy Act of 2012 was enacted.
D) is mostly perpetrated by criminal elements.
E) markedly decreasing the production of creative works.

Question 37

All of the following are true of flag burning except

A) flag burning was outlawed in Texas and other states in the 1980s.
B) it is protected by the First Amendment's freedom of expression (speech).
C) Congress passed legislation against flag burning that was declared unconstitutional by the Supreme Court.
D) it is considered symbolic speech.
E) a constitutional amendment has been passed outlawing flag burning.

Question 38

The Supreme Court will consider restrictions on commercial speech valid as long as

A) the restrictions seek to implement a substantial government interest.
B) the restrictions directly advances government interests.
C) the restrictions go no further than necessary to advance governmental interests.
D) companies continue to try to publish factual inaccuracies.
E) All of the above are true.

Question 39

The First Amendment prevents Congress from

A) making any law that abridges "the right of the people to peaceably assemble."
B) making any law that bridges the right to petition the government for a redress of grievances."
C) making any law that regulates the right to bare arms.
D) making any law that regulates criminal rights.
E) Options A and B are true.

Question 40

The Court has based the right to privacy on

A) the First Amendment.
B) the Third and Fourth Amendments.
C) the Fifth Amendment.
D) the Ninth Amendment.
E) All of the above are true.

Question 41

If stopped in your car by a police officer, it is best

A) to insist on a lawyer before complying with any instructions to show identification.
B) to behave politely and be prepared to present identification.
C) to explain where you have been and what you have been doing to save time.
D) to ask what criminal activity is going on in the neighborhood so you can assist in the effort to find the perpetrators.
E) to tell the police officer that you give to local police charities.

Question 42

Cruel and unusual punishment is prohibited by

A) the separation of powers.
B) judicial review.
C) the Fifth Amendment.
D) the Eighth Amendment.
E) the Tenth Amendment.

Question 43

The Patriot Act, which strengthened the government's investigatory powers,

A) is the most significant antiterrorism legislation in the United States.
B) bans the government from opening a suspect's mail.
C) includes warrantless surveillance, which has strong public support.
D) was designed to fight organized crime.
E) was designed to create territorial barriers between government agencies to protect secrecy.

Question 44

The exclusionary rule is a policy

A) forbidding the admission of illegally seized evidence at trial.
B) that prohibits the arresting officer from serving as a character witness at a hearing or trial.
C) that prohibits the detention of a suspect for more than forty-eight hours without the suspect being charged.
D) limited to the federal courts.
E) None of the above is true.

Question 45

A defendant's pretrial rights include all of the following except

A) to be informed of the charges.
B) the right to legal counsel.
C) the right to remain silent.
D) the right to an impartial jury.
E) prompt arraignment.

Question 46

Following Cruzan v. Director, Missouri Department of Health,

A) living wills became common.
B) it was established that life-sustaining treatment can be withdrawn from comatose patients at the simple request of the closest relatives.
C) living wills became unconstitutional.
D) it was established that patients cannot refuse treatment that might save their lives.
E) parents, rather than spouses, were given responsibility for medical decisions regarding comatose persons.

Question 47

All of the following are true of the death penalty except

A) the Supreme Court struck down all existing death penalties in 1972 but invited the states to pass new legislation that would apply the penalty more consistently.
B) the death penalty is supported by a majority of Americans, though support has recently fallen.
C) thirty-four states permit the punishment.
D) in 2002, the Court ruled that only juries, not judges, could impose the penalty.
E) in 2002, the Court ruled that persons under the age of nineteen cannot be put to death.

Question 48

In Webster v. Reproductive Health Services and Planned Parenthood v. Casey, the Supreme Court ruled that states may

A) ban the use of public hospitals for abortions and require a 24-hour waiting period.
B) require public employees to assist in abortions and require taxpayer money to provide abortions.
C) ban second trimester abortions even if the woman's life is at risk and require spousal consent.
D) not prevent abortions that use tax-funded facilities and allow all abortions.
E) None of the above is true.

Question 49

If the police appear at your door and ask to enter

A) ask to see a warrant before the police enter.
B) read the warrant for the details of the search and observe the police activities, once inside without hindering the search.
C) ask that the police to wait until your lawyer arrives.
D) suggest that the police search your roommate's room.
E) Options A and B are true.

Question 50

Some criticism of the Patriot Act's strengthening of governmental investigatory powers reflects

A) the framers' desire to encourage general searches.
B) the fear that the increased powers may be used to silence government critics.
C) concern about the right to bear arms as provided in the Second Amendment.
D) strong public support of warrantless surveillance.
E) defendant rights stemming from Miranda v. Arizona.

Question 51

With regard to physician-assisted suicide, the Supreme Court has said that

A) the liberty interest protected by the Constitution does not include a right to commit suicide.
B) states must prosecute those who assist in suicides.
C) states must provide counseling to those who wish to commit suicide.
D) if an individual wishes to commit suicide, a physician must be present with family members.
E) The federal government is the final authority regarding laws on physician-assisted suicide.

Question 52

The police may enter your home without a warrant

A) if pursuing a suspected felon into your house.
B) if your landlord lets them in.
C) if you refuse to show identification.
D) if they have a general suspicion of illegal activity.
E) only if you are home.

Question 53

Which of the following are true of the decision in Roe v. Wade?

A) It extended the right to privacy to cover a woman's personal decision on abortion.
B) The decision has not been challenged or redefined by subsequent cases.
C) It limited abortions to the first trimester of pregnancy.
D) State legislatures have the right to decide if abortions will be performed.
E) It allows for abortions to be performed by licensed nurse practitioners.

Question 54

The 1994 Freedom of Access to Clinic Entrances Act

A) was found unconstitutional by the Supreme Court.
B) prohibits protestors from blocking entrances to abortion clinics.
C) prohibits protestors from speaking to patients entering abortion clinics.
D) cannot be used to establish "buffer zones" around clinics.
E) Options A and B are true.

Question 55

According to the Supreme Court ruling in Roe v. Wade, which of the following restrictions may the state place on abortions?

A) During the first trimester, the state can prevent some abortions for reasons relating to the mother's health.
B) During the second trimester, the state can prevent all abortions.
C) During the third trimester, the state cannot regulate abortion except to require that it be performed by a doctor.
D) During the third trimester, the state may regulate or outlaw abortions except when necessary to preserve the life or health of the mother.
E) The states may place no restrictions on abortions.

Question 56

If the police search a suspect's home,

A) the police must first have obtained a warrant.
B) the police may submit illegally obtained evidence at trial if they can prove they would have obtained the evidence legally anyway.
C) the police must have demonstrated probable cause to a judge.
D) Options A and C are true.
E) All of the above are true.

Question 57

Right-to-life advocates

A) continue to push for laws restricting abortion.
B) endorse candidates who support their views.
C) organize protests.
D) argue that bans on specific procedures are not effective.
E) Options A, B, and C are true.

Question 58

The writ of habeas corpus is

A) the right to be brought before a court and have the reasons for detention explained.
B) the right to legal counsel.
C) the right to remain silent.
D) the requirement that for a murder conviction, the police must find the dead body.
E) the right to reasonable bail.

Question 59

The Miranda rule

A) was overturned by a Supreme Court decision.
B) forbids the admission of illegally seized material evidence at trial.
C) cannot be used to prevent confessions from being introduced as evidence.
D) requires that suspects be read their rights before questioning.
E) All of the above are true.

Question 60

In Gideon v. Wainwright the Supreme Court ruled that

A) a lawyer does not have to be supplied in a state case.
B) search warrants are always needed to gather evidence.
C) lawyers only need to be appointed in death penalty cases.
D) there can be no cruel and unusual punishment.
E) if one cannot afford an attorney, the government must provide one.

Question 61

Explain the positions of those for and those against the Patriot Act.

Question 62

Explain how the Fourteenth Amendment and incorporation theory affected the Bill of Rights.

Question 63

Explain under what conditions the Supreme Court will consider a restriction on commercial speech.

Question 64

Identify and explain the civil rights of criminal suspects.

Question 65

Describe the religious freedom protections afforded in the First Amendment of the Bill of Rights.

Question 66

Discuss the recent Supreme Court rulings that are based on the Second Amendment and describe the positions of the pro-gun lobby to further expand gun rights.

Question 67

Under which circumstances is the government able to interfere with freedom of speech?

Question 68

Explain what symbolic speech is and give examples of Supreme Court decisions on this type of speech.

Question 69

Explain the legal outcome of the 1973 Supreme Court decision, Roe v. Wade. What additional restrictions have survived legal scrutiny since the initial decision?

Question 70

What are the Miranda rights? What exceptions have been allowed to these rights?