Deck 4: Civil Liberties

Question 1

The exclusionary rule is controversial because it states that evidence cannot be used in court when police have not obtained it with a valid search warrant.

Answer 1

True

Question 2

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.

Answer 2

True

Question 3

Of the three Civil War Amendments,the First Amendment was most significant to slaves and slave owners.

Answer 3

False

Question 4

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

Question 5

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

Question 6

The fact that the Supreme Court must balance interests and draw lines when making civil liberties decisions demonstrates that:

A) it is the most powerful branch of government
B) the government must pay careful attention to how it treats minorities
C) previous decisions by the Court are simply ignored by the current Court
D) protections against government action are not absolute
E) the Court must always protect the rights of majorities

Question 7

While the due process clause of the Fourteenth Amendment requires state governments to limit their actions against individuals,it is the process of selective incorporation that has actually forced the states to change their behaviors.

Question 8

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 9

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

Question 10

The Second Amendment is one of the areas in which the Supreme Court has handed down the most decisions.

Question 11

In the early decades of the Republic,protecting civil liberties from the national government's actions protected citizens more than limits on state power would have.

Question 12

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 13

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

Question 14

Selective incorporation is the process of applying elements of the Bill of Rights to the actions of state government.Among the elements that have NOT been incorporated is the right to bear arms.

Question 15

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

Question 16

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 17

The idea of prior restraint applies to the probable cause requirements police must meet prior to searching someone's home.

Question 18

The clear and present danger test provides Congress with a specific definition to determine when to ban speech.

Question 19

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 20

Regarding the free speech rights of the Westboro Baptist Church,the U.S.Supreme Court ruled in 2011 that hate speech is not protected by the First Amendment.

Question 21

The Bill of Rights still did not provide individuals with the same protection from state governments that they enjoyed from the national government.This is because the Supreme Court:

A) continued embracing the standard of dual citizenship despite the language of the Fourteenth Amendment
B) felt that the Civil War effectively ended slavery
C) endorsed, in the Dred Scott decision, the idea that slaves were property
D) believed that the Fifth Amendment also applied to the states
E) had ruled the due process clause to be unconstitutional

Question 22

________,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 23

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 24

Which civil liberty is NOT protected in the First Amendment?

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

Question 25

The framers of the Constitution:

A) spent a considerable amount of time debating individual protections from government action at the Constitutional Convention
B) established a committee to draft a bill of rights at the Constitutional Convention, but ignored its recommendations
C) ignored civil liberties issues until after the ratification debate started
D) drafted a bill of rights at the Constitutional Convention
E) were in agreement at the Constitutional Convention that civil liberties should not be included in the Constitution

Question 26

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 27

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 28

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) overstepping its constitutional power
D) balancing interests
E) writing new laws

Question 29

Selective incorporation of the Bill of Rights occurred slowly due to the fact that:

A) the Supreme Court was not willing to consider civil liberties cases until the 1960s
B) all of the Supreme Court justices during the twentieth century relied on an originalist interpretation of the Constitution
C) the Supreme Court determined civil liberties issues on a case-by-case basis
D) the Supreme Court considered civil liberties issues to be too political
E) Congress blocked the Supreme Court from hearing civil liberties cases until the 1960s

Question 30

The first ten amendments to the Constitution are called:

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

Question 31

Until 2010,which part of the Bill of Rights did NOT apply to the states?

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

Question 32

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 33

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 34

Civil liberties are guaranteed by which part of the Constitution?

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

Question 35

Due process rights at the state and federal level are guaranteed by the Constitution through:

A) the Fourteenth Amendment
B) the Bill of Rights
C) the First Amendment
D) the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments
E) the Fourth, Fifth, Sixth, and Eighth Amendments

Question 36

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 37

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 38

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

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

Question 39

Which event prompted the harshest crackdowns on free speech since the Sedition Act of 1798?

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

Question 40

Which element of the Bill of Rights is no longer of much relevance in American politics?

A) Second Amendment
B) Third Amendment
C) Fourth Amendment
D) Seventh Amendment
E) Eighth Amendment

Question 41

Which group has taken the lead in restricting speech that offends sexual,racial,and ethnic minorities?

A) the Supreme Court
B) colleges and universities
C) lower federal courts
D) state courts
E) city councils

Question 42

Spending money in campaigns is:

A) not considered to be protected by the First Amendment
B) a form of symbolic speech that leads to traditional political speech
C) protected speech because there is no danger to public interest
D) used on advertising, meaning it is protected by freedom of the press
E) unlimited for all candidates

Question 43

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

A) the Supreme Court
B) the government
C) public figures
D) family
E) coworkers

Question 44

Which of the following is an example of protected symbolic speech?

A) burning the American flag during a protest at the White House
B) pamphlets protesting the United States' involvement in a war
C) destroying a draft card at an antiwar rally
D) giving a speech at a political rally
E) sending a letter to government officials

Question 45

Some forms of speech,such as fighting words,obscenity,or 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 46

Which part of the First Amendment prevents government from regulating most religious practices?

A) establishment clause
B) free exercise clause
C) free speech clause
D) due process clause
E) free assembly clause

Question 47

When the Supreme Court ruled in 1969 that KKK leader Clarence Brandenburg's threatening speech was protected under the First Amendment,the Court justified it by:

A) saying it was not really hate speech
B) holding that he was not dangerous
C) reasoning that he did not actually spur people to engage in lawless action
D) saying it was not the same as yelling "fire" in a crowded theater
E) saying that the First Amendment forbids any regulation of such speech

Question 48

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) or not a public figure has been slandered
E) someone has committed treason

Question 49

It is notoriously difficult to distinguish between protected speech and:

A) fighting words
B) slander and libel
C) protected assemblies
D) hate speech
E) symbolic speech

Question 50

Lower courts have struck down speech codes that ban hate speech on several college campuses because:

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 51

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) The free speech issues during the early decades of the twentieth century are no longer relevant.
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 52

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) allows government action against obscenity when it will violate community standards
E) defers to the Federal Communications Commission

Question 53

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 54

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

A) the Court feels like it
B) the public finds the speech offensive
C) that speech is misleading
D) the speech includes racial stereotypes
E) the speech is not educational

Question 55

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 56

Statements that damage someone's reputation are called:

A) fighting words
B) obscenity
C) libel or slander
D) hate speech
E) commercial speech

Question 57

A city council has passed an ordinance that prevents picketing in a residential neighborhood.Which of the following arguments would NOT be accepted by the Court for declaring the ordinance unconstitutional?

A) People have the right to privacy, especially at home.
B) The restrictions are reasonable.
C) Picketers could become a clear and present danger.
D) The ordinance is written so that it is content neutral.
E) The ordinance meets the direct incitement test.

Question 58

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 59

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 60

Which of the following restrictions are allowed under freedom of assembly?

A) any time, place, and manner restriction that is content neutral
B) any time, place, and manner restriction that is not content neutral
C) anything that would make it difficult for the government to keep the peace
D) restricting any actions that favor an unpopular viewpoint
E) restricting actions that might attract a large crowd

Question 61

The Supreme Court has ruled that ________ and ________ may not be a basis for a peremptory challenge when selecting a jury.

A) age; gender
B) race; age
C) profession; gender
D) age; profession
E) race; gender

Question 62

Which of the following situations does NOT violate the establishment clause?

A) a moment of silence for meditation or prayer in a public school
B) state-sponsored prayer in public schools
C) a student-led prayer at a football game
D) a student-planned and student-led prayer at graduation
E) benedictions at public school graduations

Question 63

Double jeopardy does not prevent criminal defendants who were innocent in state court:

A) from facing a jury trial when new evidence comes to light
B) from suing the state for wrongful prosecution
C) from appealing their results in civil court
D) from being tried for the same crime in a federal court
E) from being sentenced by an appeals court

Question 64

Debates about nativity scenes in government buildings focus on:

A) what is and is not a Christian symbol in a public context
B) whether or not allowing the scene constitutes public support for religion
C) whether or not government employees have a right to express their religious views
D) the Miller test
E) the clear and present danger test

Question 65

The Brady Campaign to Prevent Gun Violence followed:

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 66

Which of the following debates stem from the Supreme Court's efforts to define what constitutes a reasonable search and seizure by the police?

A) exclusionary rule and privacy rights
B) probable cause and due process clause
C) privacy rights and probable cause
D) exclusionary rule and due process clause
E) exclusionary rule and probable cause

Question 67

Proportionality is an unsettled area of Eighth Amendment law in which:

A) lethal injection is considered "cruel and unusual punishment"
B) not all states allow for the use of the death penalty
C) not all states use the same method for the death penalty
D) only men, and not women, have been sentenced to the death penalty
E) some punishments may be so disproportionate to the crime that they constitute "cruel and unusual punishment"

Question 68

Which of the following is a legal test for determining when the government is in violation of the establishment clause?

A) Gitlow test
B) Miller test
C) clear and present danger test
D) Lemon test
E) strict scrutiny test

Question 69

The Supreme Court has generally strengthened which of the following due process protections over time?

A) right to an attorney
B) exclusionary rule
C) probable cause searches
D) self-incrimination
E) double jeopardy

Question 70

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 71

The Bill of Rights' guarantee of religious freedom is located in the:

A) free exercise and establishment clauses
B) due process clause
C) equal protection clause
D) supremacy clause
E) Tenth Amendment

Question 72

The free exercise clause guarantees:

A) absolute freedom of religious belief
B) absolute freedom of religious conduct
C) freedom from government regulation of religious practice
D) no government involvement in church matters
E) no government establishment of a particular religion

Question 73

According to your text,which part of the Lemon test is the most open to interpretation?

A) The action must have a secular purpose.
B) The action cannot advance or limit religion.
C) The action cannot excessively entangle government with religion.
D) The action must be based on Christianity.
E) The action must support the views of the political majority.

Question 74

Which of the following is NOT a due process right guaranteed in the Constitution?

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 75

Which of the following statements is NOT true about the right to privacy?

A) It is explicitly guaranteed by the Constitution.
B) It is implied by a number of amendments in the Bill of Rights.
C) It was clarified by the Supreme Court in Griswold v. Connecticut.
D) It is not explicitly guaranteed by the Constitution.
E) It shields certain personal aspects of citizens' lives from governmental interference.

Question 76

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 77

According to the text,following the Supreme Court's rulings in support of gun ownership in the last few years,stricter gun control at the national level is:

A) highly likely
B) highly unlikely
C) up to the president
D) supported by a large majority of Americans
E) necessary to deter crime

Question 78

The Supreme Court has struck down state death penalty laws in all of the following areas EXCEPT:

A) the execution of insane prisoners
B) requiring a death sentence for rape
C) executing juveniles under the age of eighteen
D) executing prisoners who are mildly retarded
E) the execution of women

Question 79

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 Fifth Amendment; a free speech protection

Question 80

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 one.

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