Question 1

In recent times, the mayor and council of Mortifort, a small southern town with a mostly churchgoing populace, have been under pressure from constituents to do something about the Church of the Redeeming Lash.The church, although a Christian one like others in town, features the ancient ritual of self-flagellation in weekly services.For this, male members beat themselves over their shoulders with a cattail whip.Although practiced for centuries, this ritual has sometimes left some enthusiastic participants at the Mortifort church in need of emergency medical treatment. After one particularly brutal case, the council finally acts on constituent concerns in passing an ordinance that bans the practice locally, on public health grounds.How might this be constitutionally acceptable?

Accepted Answer

The town can regulate religious practices if they pose a significant risk to public health, as public safety is a compelling interest that can justify certain restrictions on religious practices.

Question 2

Over time, Supreme Court rulings have suggested that Americans are free to hold any religious beliefs.Even so, government regulations on _____________, as regards expression of those beliefs, may be acceptable.

Accepted Answer

The Supreme Court has upheld that while individuals have the freedom to hold any religious beliefs, the government can impose regulations on the time, place, and manner of expression to ensure public order and safety.

Question 3

In 2011, the Supreme Court allowed members of the Westboro Baptist Church to picket the funerals of American soldiers, despite their use of harsh, insulting language on signs, because the Court:

Accepted Answer

The Supreme Court ruled that the First Amendment protects even hurtful and offensive political speech, as long as it addresses matters of public concern.

Question 4

The basis for the Supreme Court's decision in Roe v.Wade was an evolving understanding of ____________ in a case involving state restrictions on abortion services.

Accepted Answer

The Supreme Court's decision in Roe v. Wade was primarily based on the right to privacy, which the Court found to be "broad enough to encompass a woman's decision whether or not to terminate her pregnancy."

Question 5

In 2014, the Supreme Court struck down aggregate, or combined, limits on individual contributions to candidates for federal office on the grounds that:

Accepted Answer

The Supreme Court's decision was based on the principle that spending money on behalf of candidates is a form of speech protected by the First Amendment, as established in Buckley v. Valeo.

Question 6

The contemporary conception of a constitutional right to privacy was established in:

Accepted Answer

Griswold v. Connecticut (1965) established the constitutional right to privacy, particularly in marital relations, by striking down a law banning contraceptives.

Question 7

In Brown v.Board of Education, the Supreme Court surprised many observers by rejecting scholarly arguments about whether racial segregation of public schools violated the Fourteenth Amendment's equal protection clause.Instead, when striking down the decades-old court doctrine of "separate, but equal," the Court considered only the consequences of segregation, and used them to ultimately suggest that:

Accepted Answer

The Supreme Court in Brown v. Board of Education concluded that "separate educational facilities are inherently unequal," focusing on the detrimental effects of segregation on African American children.

Question 8

The president of a New Jersey public school district is a newfound believer in student uniforms, having read extensive research on how they lead to decreases in bullying and gang involvement, and increases in discipline and self-esteem.After getting his board to approve a uniform plan, however, he hears complaints from families of a small religious sect-an offshoot of Sunni Islam-with students in the district.They wear head coverings that do not comply with uniform policies, and often feature policy-banned local gang colors besides. The district president agrees to work with the families to develop a standardized head covering, ones that will not feature gang colors, but will satisfy religious requirements.His efforts do not placate all of the families, however, and a group of them threatens to sue the district for violation of religious freedom protections under the First Amendment.What would be the district president's best defense, of those offered below?

Accepted Answer

The district president's best defense is that the policy has a secular purpose, which aligns with the Lemon test, and his efforts to accommodate the religious requirements show that there was no intent to inhibit religion.

Question 9

While it is easy to say that obscene materials and imagery should not receive protection under the First Amendment, it has proven difficult over time to regulate it, given that ___________.

Accepted Answer

Defining or identifying obscenity is notoriously difficult and impractical, making it challenging to regulate under the First Amendment.

Question 10

In the 2003 case Lawrence v.Texas, the Supreme Court ruled that states cannot decide to criminalize the private sexual behavior of any American, including those who may be gay or lesbian.In so doing, justices overturned ______________________, a case decided seventeen years before.

Accepted Answer

The Supreme Court in Lawrence v. Texas overturned Bowers v. Hardwick, which had ruled that the Constitution did not confer upon gays and lesbians any fundamental right to engage in sexual activity.

Question 11

Clifford Frymoyer, an evangelist associated with a so-called "megachurch," a congregation of thousands that meets in a former professional basketball arena, knew his idea for giving a large Ten Commandments display to his local county government would likely be controversial.Even so, he thought federal judges would likely be accommodating to the display, since it would sit within the sprawling courthouse grounds, and not a courtroom.A national civil liberties group soon sues in federal court, however, arguing that the display is still so prominent that it constitutes a government endorsement of religion.How is this case likely to come out for Rev.Frymoyer?

Accepted Answer

The answer of Clifford Frymoyer, an evangelist associated with a...

Question 12

Heritage Not Hate, a group that wants to protect statues that honor southern Civil War leaders and soldiers, has stirred controversy by scheduling a series of summer rallies in cities nationwide.Civil rights organizations, anti-racism groups, and socialist party members have announced plans to protest at the rallies.Meanwhile, police departments in the targeted cities have coordinated with one another in developing plans to reduce the potential for unrest.Among their ideas: limitation of protest areas to specified "free speech zones," and the separation of opposing groups. The pro-Confederate and opposing groups both decry the free speech zone idea, saying that it will stifle the dissemination of ideas and squelch political speech.Law enforcement responds by pointing to violence at recent white supremacist rallies, and say they must balance the need for First Amendment protection with the need for public order.
How would federal courts most likely respond to a suit against these measures, among the following options?

Accepted Answer

Federal courts would likely scrutinize the government's plans closely, as they must balance First Amendment rights with public order, ensuring that any restrictions are narrowly tailored and serve a significant government interest.

Question 13

Upon ratification of the Twentieth Amendment in 1920, women gained:

Accepted Answer

The Nineteenth Amendment, not the Twentieth, granted women the right to vote in federal elections in 1920.

Question 14

Despite the commonly held belief that the First Amendment's establishment clause provides a clear separation or a wall between church and state, the Supreme Court has:

Accepted Answer

The Supreme Court has taken a varied approach, being strict in some cases like prayer in public schools, while more accommodating in others, such as allowing prayers at public meetings.

Question 15

A few years before the handing down Brown v.Board of Education, the Supreme Court had already questioned whether separate could ever be equal when it rejected segregation in:

Accepted Answer

The Supreme Court questioned the "separate but equal" doctrine in the case of Sweatt v. Painter (1950), which involved segregation in a university law school.

Question 16

The family-owned Hobby Lobby chain of craft stores won its legal challenge of an Affordable Care Act provision that would have required it to offer ______________ to female employees, something the owners saw as a violation of their religious liberty.

Accepted Answer

Hobby Lobby challenged the Affordable Care Act's mandate to provide free contraception, arguing it violated their religious beliefs. The Supreme Court ruled in their favor.

Question 17

Over the past year, members of a group unofficially known as Paragon Crypto-which grew out of devotion to a decentralized, digital currency-have been posting strongly antigovernment commentary and messages through poplar social media services.As their activity has grown, however, so has attention from the media and law enforcement.Federal employees have complained of feeling threatened by members' use of racist language and profanity, as well as talk of starting a political revolution to destroy the federal government. Eventually, federal agents and state police in New York arrest some especially active members on charges of inciting violence.A legal foundation that comes to the aid of Paragon Crypto members suggests, however, that these members had only expressed general dissatisfaction with the government, and never directly threatened violence against any specific person or group.Does this sound like a valid defense, given what you have learned about free speech protections?

Accepted Answer

The First Amendment protects political speech, even if it is critical of the government, as long as it does not incite imminent lawless action or include direct threats of violence against specific individuals or groups.

Question 18

According to modern interpretation of the principle and practice of eminent domain, state and local governments cannot constitutionally:

Accepted Answer

The modern interpretation of eminent domain allows governments to take private property for public use, but they must provide just compensation to the property owners.

Question 19

The family owners of a small media company, all members of a controversial religious group known for being virulently opposed to psychiatry, are upset by a new federal mental health law.The law forces companies to pay for the psychiatric care of individuals who want to recover from drug and alcohol abuse.The company is now considering a lawsuit to challenge the law.On what grounds would you say that the owners would be best advised to file suit?

Accepted Answer

The answer of The family owners of a small media...

Question 20

The Supreme Court has been _______________in enforcing a separation between church and state in the case of prayer or religious observance at public schools or official school events, such as graduations and football games:

Accepted Answer

The Supreme Court has consistently enforced the separation of church and state, particularly in cases involving prayer or religious observance in public schools or at official school events.

Quiz 4: Civil Liberties and Civil Rights