Deck 13: Civil Liberties: Ordered Liberty in America

Question 1

Most prosecutors stopped pursuing cases of obscenity on the internet (with the exception of child sexual exploitation) because of ___.

A) Special rules that allow obscenity in digital media
B) The overwhelming amount of obscene material
C) the Protect Act of 2003
D) None of the above

Answer 1

B

Question 2

Prior restraint was established by ___.

A) Congressional Act
B) Atkins v. Virginia
C) Executive Order
D) Near v. Minnesota

Answer 2

D

Question 3

Civil liberties, civil rights, and human rights are ___.

A) essentially the same thing
B) very different from each other with nothing in common
C) not the same thing but do overlap in some respects
D) None of the above, since liberties and rights do not exist

Answer 3

C

Question 4

Which of the following is an example of a civil right?

A) The right to vote
B) The right to be free from racial discrimination
C) Both of the above
D) None of the above

Question 5

Which of the following is an example of a civil liberty?

A) Freedom of the press
B) Freedom of speech
C) Freedom of religion
D) All of the above

Question 6

The Bill of Rights is a list of ___?

A) Civil liberties
B) Civil rights
C) Both civil liberties and civil rights
D) Neither civil liberties nor civil rights

Question 7

Which decision/amendment restricted the application of the Bill of Rights to the federal government alone?

A) The Ninth Amendment
B) The Tenth Amendment
C) Barron v. Baltimore (1833)
D) McCulloch v. Maryland (1819)

Question 8

When viewed together, freedom of speech and freedom of the press are known collectively as ___.

A) freedom of assembly
B) freedom of expression
C) freedom of religion
D) None of the above

Question 9

Which of the following was a significant element of Justice Oliver Wendell Holmes' majority opinion in Schenck v. U.S. (1919)?

A) The declaration that the First Amendment's protection of free speech is NOT absolute
B) The establishment of the "Clear and Present Danger Test" for deciding between protected and punishable speech
C) The declaration that the First Amendment's protections are among the liberties incorporated through the Fourteenth Amendment's due process clause
D) Both of the first two options

Question 10

Which of the following was a significant result of the Court's decision in Gitlow v. New York (1925)?

A) The declaration that the First Amendment's protection of free speech is NOT absolute
B) The establishment of the "Clear and Present Danger Test" for deciding between protected and punishable speech
C) The declaration that the First Amendment's protections are among the liberties incorporated through the Fourteenth Amendment's due process clause
D) Both of the last two options

Question 11

What is symbolic speech?

A) Speech related acts protected under the First Amendment
B) Non-speech related acts protected under the First Amendment
C) Undefined portions of the First Amendment's freedom of speech clause
D) None of the above

Question 12

Which decision ruled that cross burning is not protected speech?

A) Texas v. Johnson (1989)
B) Virginia v. Black (2003)
C) Brandenburg v. Ohio (1969)
D) Whitney v. California (1927)

Question 13

Which case set forth the three-part test to determine whether something is obscene?

A) Roth v. United States (1957)
B) Regina v. Hicklin (1868)
C) Miller v. California (1973)
D) All of the above

Question 14

Prior restraint is defined as ___.

A) Any limitation on the free exercise of religion, either prior to or after the passing of a statute that limits such exercise
B) Any limitations on publication requiring that permission be secured or approval be granted prior to publication
C) The taking of criminal suspects into custody prior to a formal arrest or notification of their Miranda rights
D) None of the above

Question 15

With which war was the Pentagon Papers case associated?

A) The Iraq War
B) The Afghanistan War
C) The Persian Gulf War
D) The Vietnam War

Question 16

What does the establishment clause say regarding religion?

A) There may not be a national religion established in the United States
B) There may be a national religion established in the United States
C) Congress may not interfere with the free exercise of religion
D) The establishment clause has nothing to do with religion

Question 17

The free exercise clause is a part of which freedom in the Bill of Rights?

A) Freedom of speech
B) Freedom of press
C) Freedom of religion
D) It is not in the Bill of Rights

Question 18

What is the right to counsel and where did it originate?

A) The right to an attorney, originating in the Sixth Amendment and broadened in Gideon v. Wainwright (1963)
B) The right to an attorney, originating from the Fourth Amendment and broadened in Hudson v. Michigan (2006)
C) The right to offer religious instruction and spiritual guidance, originating from the First Amendment and clarified in Lemon v. Kurtzman (1971)
D) None of the above

Question 19

In the case of Tinker v. Des Moines School District (1969), what did the Court rule with respect to the First Amendment speech rights of students?

A) Teachers and school boards have the freedom and responsibility to decide the nature and extent of students' speech rights
B) Students have a presumptive right to engage in political speech so long as that speech does not unduly disrupt the basic educational mission of the school
C) Public schools are a public forum wherein students (and teachers) enjoy an absolute right to free political speech
D) None of the above

Question 20

According to the Pro and Con section, in addition to improving information sharing and enhancing surveillance authority what other provisions were in the Patriot Act?

A) Strengthening anti-terrorism laws
B) Provisions for "Following the money"
C) Both of the above options
D) Neither of the first two options

Question 21

Which of the following rights is guaranteed by the Fifth Amendment?

A) The right to a jury trial
B) The right against self-incrimination
C) The right of self-defense
D) Both of the first two options

Question 22

Which court decision declared executions of severely retarded persons to be "cruel and unusual" and, thus, in violation of the Eighth Amendment?

A) There has been no such court decision
B) Atkins v. Virginia (2002)
C) Furman v. Georgia (1972)
D) Gregg v. Georgia (1978)

Question 23

Which of these statements most accurately describes the use of the death penalty by the United States and other countries around the world?

A) A majority of countries in the world use the death penalty, but the United States uses it more frequently than most.
B) A majority of countries in the world use the death penalty, but the United States uses it less frequently than most.
C) A majority of countries in the world have stopped using the death penalty altogether and most of the countries who still allow its use do so very sparingly; but the United States is one of the few countries that uses it somewhat regularly.
D) A majority of countries in the world have stopped using the death penalty altogether, and most of the countries that still allow its use, including the United States, do so very sparingly.

Question 24

In what case did the Supreme Court declare that persons taken into custody must be specifically informed that they have the right to remain silent and that they cannot be questioned unless they waive that right?

A) Gideon v. Wainwright (1963)
B) Miranda v. Arizona (1966)
C) Furman v. Georgia (1972)
D) Hudson v. Michigan (2006)

Question 25

What did the Supreme Court declare in the case Montejo v. Louisiana (2009)?

A) If criminal defendants are appointed an attorney, but they choose to speak to police without their attorney present, any incriminating statements made by the defendant can be used against him or her in court
B) If criminal defendants are appointed an attorney, then anything they say to police before they have an opportunity to consult with their attorney may not be used in Court against them
C) Criminal defendants have a right to an attorney, but if they waive that right then anything they say can be used against them in Court
D) None of the above

Question 26

In 2007 the U.S. Ninth Circuit Court of Appeals ruled that ___.

A) public-school-sponsored recitation of the Pledge of Allegiance is an unconstitutional establishment of religion; however, it also declared that the printing of the phrase "In God We Trust" on U.S. coins is constitutional
B) both are unconstitutional
C) both are constitutional
D) None of the above

Question 27

Which one of the following statements is not one of the three tests regarding church-state relations and the constitutionality of a government program in the Supreme Court's decision in Lemon v. Kurtzman?

A) The program must have a secular purpose.
B) The program must neither advance nor impede religion.
C) The program must not create an excessive entanglement of church and state.
D) The program must promote faith-based initiatives.

Question 28

Which one of the following statements is too often the norm when public defenders or legal aid lawyers represent poor defendants?

A) The amount of time they can spend preparing for each case is minimal.
B) They are reduced to negotiating plea bargains.
C) They are reduced to negotiating guilty verdicts.
D) All of the above are true.

Question 29

Edward Snowden's release of secret documents revealed the NSA's illegal gathering of vast amounts of ___.

A) financial contributions from foreign heads-of-state
B) data on phone, text, and Internet traffic
C) military weaponry for transfer to clandestine forces abroad
D) all of the above

Question 30

Roy Moore has used his judicial position as Chief Justice of the Alabama Supreme Court to resist decisions of the U.S. Supreme Court with regard to which two of the following pairs of public issues?

A) advancing gun control and limiting capital punishment
B) teaching evolution and banning prayer in public schools
C) prohibiting public display of the Ten Commandments and permitting gay marriage
D) preventing environmental development and restricting fossil fuels

Question 31

Edmund Burke, an eighteenth-century member of the British parliament, reminded the Americans that _______were integral to the common law.

A) civil code and private law
B) majority rule and equality
C) social contract and property
D) individual rights and liberties

Question 32

In August 2017, a meeting of white nationalists, neo-Nazis, the KKK, and others amassed in Charlottesville, Virginia, to protest a plan to ___.

A) erect of statue of World War II General Dwight D. Eisenhower
B) take down a statue of Confederate civil war General Robert E. Lee
C) erect a statue of Iraq War General Colin Powel
D) take down a statue of Revolutionary War General George Washington

Question 33

In which case did the Supreme Court privilege free and robust political speech over the pains that politicians, even presidents, might feel when criticized in the press?

A) Whitney v. California (1927)
B) New York Times Co. v. Sullivan (1964)
C) Texas v. Johnson (1989)
D) Virginia v. Black (2003)

Question 34

By the end of 2018 _______nations had officially abandoned the death penalty.

A) 100
B) 110
C) 120
D) 130

Question 35

_______has the largest prison population in the world.

A) China
B) Russia
C) India
D) United States

Question 36

During the ratification process of the new Constitution, the Federalists were led by ___.

A) Thomas Jefferson
B) Patrick Henry
C) Edmund Burke
D) James Madison

Question 37

During the ratification process of the new Constitution, the Anti-Federalists were led by ___.

A) Thomas Jefferson
B) Patrick Henry
C) Edmund Burke
D) James Madison

Question 38

In the case of District of Columbia v. Heller (2008), the Supreme Court dealt with an issue of the _______Amendment.

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

Question 39

In the case of McDonald v. Chicago (2010), the Supreme Court dealt with an issue of the _______Amendment.

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

Question 40

The "incorporation doctrine" refers to the incorporation of protections in the Bill of Rights into the Fourteenth Amendment against the ___.

A) national government
B) states
C) Both of the above
D) None of the above

Question 41

The test established by Miller v. California includes _______ and _______as standards for judging obscenity.

A) an idea opposing religiously sanctioned ideas
B) an appeal to prurient interest
C) a lack of serious literary, artistic, political, or scientific value
D) None of the above.

Question 42

Edmund Burke, an eighteenth-century member of the British parliament, reminded the Americans that _______and _______were integral to the common law.

A) civil code
B) liberties
C) social contract
D) individual rights

Question 43

In August 2017, a meeting of white nationalists, neo-Nazis, the KKK, and others amassed in Charlottesville, Virginia, to _______a plan to _______a statue of Confederate civil war General Robert E. Lee.

A) support
B) take down
C) protest
D) erect

Question 44

The American Civil Liberties Union (ACLU) is often referred to as ___.

A) search and seizure expansionists
B) right-to-bear arms extremists
C) free speech absolutists
D) petition fanatics

Question 45

_______of the thirteen American colonies had state-sanctioned churches as the revolution approached, though only _______still had them by 1791.

A) 3
B) 6
C) 9
D) 12

Question 46

In 2016, President Trump signed an executive order temporarily banning _______from _______countries.

A) immigrants
B) seven majority Muslim
C) travelers
D) three Central American

Question 47

By 2018 China had _______times the U.S. population and 30 percent _______prisoners.

A) three
B) fewer
C) four
D) more

Question 48

In the case of _______the Supreme Court dealt with the constitutional issue of the right to ___.

A) Atkins v. Virginia (2002)
B) bear arms
C) McDonald v. Chicago
D) an attorney

Question 49

In the case of ___, the Supreme Court held that ___.

A) Gitlow v. New York (1925)
B) religiously inspired action was not protected by the free exercise clause
C) Reynolds v. U.S. (1879)
D) economic trusts and monopolies were not protected by the due process clause

Question 50

Barron V. Baltimore (1833) ensured that the actions of all state governments were limited by the Bill of Rights.

Question 51

Symbolic speech can also be evaluated with the imminent danger test.

Question 52

The exclusionary rule prohibits search and seizures without a warrant.

Question 53

There is broad agreement among justices of the current Supreme Court that the exclusionary rule, as established by the precedents set in recent decades, ought to continue to apply in "full force."

Question 54

Gideon v. Wainwright (1963) established that the Constitution implicitly guarantees a right to counsel in federal, but NOT state, criminal cases.

Question 55

After 9/11, the Bush administration began to relax traditional legal protections for the criminally accused (including both foreigners and U.S. citizens), by, among other things, employing secret detentions and denying access to lawyers.

Question 56

According to the textbook, punishment of most convicted criminals in the United States was much milder in the nineteenth century than it is today.

Question 57

Today, due to the Court's so-called process of "selective incorporation," nearly all of the rights in the Bill of Rights now constrain both federal and state governments.

Question 58

Civil Rights are areas of social life where the Constitution prohibits (disallows) government from taking actions intended to promote fair treatment.

Question 59

Civil liberties are areas of social life where the government is restricted or prohibited from intruding on individuals.

Question 60

In 2014, the Supreme Court declared that states could not simply declare those with IQs above 70 to be competent. A wider range of evidence had to be considered.

Question 61

In August 2017, the white nationalists, neo-Nazis, and KKK who gathered to in Charlottesville, Virginia, did not have a legal permit to protest.

Question 62

Nine of the thirteen American colonies had state-sanctioned churches as the Revolution approached.

Question 63

In December 2017, Alabama elected Judge Roy Moore, Republican, to the U.S. Senate in a special election.

Question 64

S. has the largest prison population in the world.

Question 65

In the case of District of Columbia v. Heller (2008), the Supreme Court found that the Second Amendment right to bear arms was a collective right related to militia service rather an individual right.

Question 66

Under what circumstances is prayer allowed in public school environments?

Question 67

Describe the circumstances under which the exclusionary rule can be limited.

Question 68

Which of the rights of a criminal defendant is most important and why?

Question 69

Explain why cross-burning is not protected speech. Think of an example of another symbolic speech that would also not be protected for similar reasons.

Question 70

Discuss the rights of the accused in as succinct, yet developed, a manner as possible.

Question 71

How far should we allow our First Amendment freedoms to be exercised? Be sure to use the text for supporting evidence for your case.

Question 72

Why do we have a Bill of Rights?

Question 73

Is prayer in public schools prohibited today?

Question 74

What is the "Lemon Test"? From where did it arise? What is its purpose?

Question 75

What does the Constitution say about the place of guns in our society? What is the correct interpretation of the Second Amendment? What is the best interpretation of the Second Amendment? Are they the same thing?

Question 76

Do you believe that all speakers, even from the fringes of the right and left, should have a constitutional right to be heard in the public square? Why or why not?

Question 77

How do civil liberties differ from civil rights?

Question 78

Do our commitments to free speech and a free press conflict with our sense that flag burning should be prohibited or that pornography should be regulated?

Question 79

Does our commitment to separation of church and state mean that no trace of religious sentiment or symbolism should emanate from government?

Question 80

Should someone accused of a serious crime go free if police commit a procedural error during the investigation or during the arrest and questioning?