Question 1

Civil liberties guarantee freedom from governmental actions such as discrimination.

Accepted Answer

Civil liberties primarily protect individuals from government actions that infringe on freedoms, such as freedom of speech or religion, rather than specifically addressing discrimination, which is more related to civil rights.

Question 2

The right to bear arms is guaranteed by the Third Amendment.

Accepted Answer

The right to bear arms is actually guaranteed by the Second Amendment. The Third Amendment prohibits the quartering of soldiers in private homes without the owner's consent.

Question 3

Under the ________ Amendment,the police may search things in plain view,the person arrested,and things under the arrestee's immediate control.

Accepted Answer

The Fourth Amendment to the US Constitution protects citizens from unreasonable searches and seizures. It specifies that warrants must be issued based on probable cause, and that searches must be reasonable. However, there are certain circumstances in which the police may search without a warrant, including when items are in plain view, when a person is lawfully arrested, and when items are within the arrestee's immediate control. This is known as the "plain view" doctrine and it is based on the idea that if the police can see something in plain view, they have not conducted a search and therefore no warrant is required.

Question 4

D)C.v.Heller

Accepted Answer

The C.v.Heller ruling stated that the handgun ban in the District of Columbia was unconstitutional and violated the Second Amendment's right to bear arms. It did not make all gun bans in the United States unconstitutional, limit free speech at political rallies, or protect politicians from libel law. Additionally, it was not the first Supreme Court ruling on the Fifth Amendment, which deals with due process and self-incrimination.

Question 5

The first Supreme Court case dealing with symbolic speech was Stromberg v.California.

Accepted Answer

This is true. Stromberg v. California was a 1931 Supreme Court case that dealt with the issue of whether a state law banning the display of a red flag as a symbol of opposition to the government violated free speech rights. The Court found that it did violate the First Amendment, marking the first time the Supreme Court had recognized the concept of symbolic speech.

Question 6

The Bill of Rights refers to _________________ of the Constitution.

Accepted Answer

The Bill of Rights includes the first ten amendments to the Constitution, which were added to protect individual rights and limit the power of the government.

Question 7

The judicial doctrine that prevents government from prohibiting speech or publication before the fact is called

Accepted Answer

Prior restraint is the judicial doctrine that prevents the government from prohibiting speech or publication before it happens. This is a crucial aspect of the First Amendment's protection of freedom of speech and the press. It means that individuals or organizations cannot be censored or punished for their speech or writing without a compelling government interest, and without due process of law.

Question 8

The right to a speedy and public trial by an impartial jury is guaranteed by the ________ Amendment.

Accepted Answer

The Sixth Amendment to the US Constitution guarantees the right to a speedy and public trial by an impartial jury.

Question 9

In Lawrence v.Texas,the U.S.Supreme Court ruled that

Accepted Answer

Lawrence v. Texas was a case in which the U.S. Supreme Court ruled that a Texas law criminalizing sexual behavior between same-sex couples was unconstitutional. The court held that the Due Process Clause of the Fourteenth Amendment protected individuals' liberty interests, including the right to engage in consensual intimate conduct without government intrusion. This ruling effectively invalidated similar laws in other states and was a landmark decision in the fight for LGBTQ+ rights.

Question 10

At times,the Supreme Court allows the use of hallucinogenic drugs in religious observances.

Accepted Answer

The Supreme Court has allowed the use of hallucinogenic drugs, such as peyote, in certain religious observances, particularly for Native American tribes. However, this permission is generally very limited and specific to certain religious practices.

Question 11

The Fourteenth Amendment has been interpreted by the U.S.Supreme Court to __________ many of the protections of the Bill of Rights by applying them to states.

Accepted Answer

The Fourteenth Amendment has been interpreted by the U.S. Supreme Court to incorporate many of the protections of the Bill of Rights by applying them to states. This process is known as incorporation and has been used to extend the protections of the First, Second, Fourth, Fifth, Sixth, and Eighth Amendments to the states.

Question 12

The constitutional provision preventing the use of any "religious test" for public office

Accepted Answer

The constitutional provision preventing the use of any "religious test" for public office is found in Article VI of the US Constitution. It states that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." This provision ensures that individuals of any religion, or no religion at all, have an equal opportunity to hold public office, without facing discrimination based on their religious beliefs or practices.

Question 13

The right to privacy stems from the idea that some areas of life are off-limits to governmental regulation.This right is inferred from
I.the First Amendment.
II.the Third Amendment.
III.the Fourth Amendment.
IV.the Ninth Amendment.

Accepted Answer

The right to privacy is inferred from various amendments in the U.S. Constitution. The First Amendment protects the freedom of expression and association, implying a zone of personal privacy. The Third Amendment's protection against the quartering of soldiers in private homes without consent suggests a right to privacy in one's living space. The Fourth Amendment guards against unreasonable searches and seizures, directly protecting privacy in one's person, house, papers, and effects. The Ninth Amendment states that the enumeration of certain rights in the Constitution does not mean that people do not have other rights that are not listed, allowing for the interpretation that a right to privacy exists beyond those explicitly mentioned.

Question 14

The establishment clause

Accepted Answer

The establishment clause in the First Amendment of the US Constitution is interpreted as erecting a wall of separation between church and state. This means that the government cannot establish an official religion or give preferential treatment to one religion over others. It protects the religious freedom of individuals and ensures that the government remains neutral in matters of religion.

Question 15

Black sites are

Accepted Answer

Black sites refer to secret offshore prisons, where detainees are held without access to legal or human rights protections. These sites are often run by the CIA or other intelligence agencies, and their operations have been heavily criticized as unconstitutional and inhumane.

Question 16

In New York Times v.Sullivan,the Supreme Court ruled that

Accepted Answer

In New York Times v. Sullivan, the Supreme Court ruled that actual malice must be proved to support a claim of libel made by a public figure. This means that public officials have a higher burden of proof in defamation cases, as they need to prove that the defendant either knew the statement was false or acted with reckless disregard for its truth. The Court also held that the First Amendment protects statements about public officials, as long as they are not made with actual malice. This ruling established an important legal precedent for freedom of the press and speech.

Question 17

The Supreme Court ruled that individuals who are arrested must be informed of their constitutional rights in

Accepted Answer

The case that established the requirement for police to inform individuals of their constitutional rights when they are arrested was Miranda v. Arizona. This ruling created what is commonly known as the "Miranda warning" that must be given to a suspect before they are interrogated. The warning includes the right to remain silent, the right to an attorney, and the warning that anything the suspect says can be used against them in court.

Question 18

In Gitlow v.New York,the U.S.Supreme Court ruled that states were not completely free to limit forms of political expression.

Accepted Answer

In Gitlow v. New York (1925), the U.S. Supreme Court ruled that the states were not completely free to limit forms of political expression, and that the First Amendment's protections of free speech and free press were incorporated against the states through the Due Process Clause of the Fourteenth Amendment.

Question 19

When secular law conflicts with religious beliefs,freedom of religion is

Accepted Answer

Freedom of religion is sometimes denied when secular law conflicts with religious beliefs. This is because the government has a responsibility to uphold laws that apply to everyone, regardless of their religious beliefs. However, there are instances where accommodations can be made to minimize the conflict, or where exemptions can be granted for religious groups. Ultimately, the approach taken by courts and lawmakers will depend on the specific circumstances of each case.

Question 20

Ex post facto laws

Accepted Answer

Ex post facto laws are unconstitutional according to the United States Constitution's Article I, Section 9, and the Bill of Rights. This means that laws cannot be passed that retroactively punish people for actions that were not illegal at the time they were committed.

Quiz 4: Civil Liberties