Deck 4: Civil Liberties

Question 1

The right to privacy was upheld in

A) The USA Freedom Act
B) Whole Women's Health v. Hellerstedt
C) Utah v. Strieff
D) None of the above

Answer 1

None of the above

Question 2

One of the central tensions in a democratic society highlighted by President Trump's 2017 immigration ban is the need to

A) Balance individual freedom with social order
B) Balance the views of different factions
C) Communicate the intent of legislation
D) Ban harmful people from civil society

Answer 2

Balance individual freedom with social order

Question 3

___________ are the freedoms enjoyed by individuals in a democratic society.

A) Civil rights
B) Civil liberties
C) Political rights
D) Social rights

Answer 3

Civil liberties

Question 4

Civil liberties protect _________ from arbitrary governmental actions.

A) Individuals
B) Groups
C) States
D) None of these

Question 5

Which Amendment has been used to apply the protections of the Bill of Rights to states?

A) Fifth
B) Twelfth
C) Fourteenth
D) Twentieth

Question 6

The First Amendment contains _____ distinct guarantee(s) to protect religious freedom.

A) One
B) Two
C) Four
D) Three

Question 7

Freedom of expression is built on First Amendment rights to

A) Freedom of speech and press
B) Right to peaceful assembly
C) Right to petition government
D) All of the above

Question 8

Freedom of expression is

A) Absolute in all circumstances
B) Cannot be limited
C) Can be limited in some circumstances
D) None of these

Question 9

The 1833 Supreme Court case that explicitly confirmed the Bill of Rights only applied to the national government is

A) Barron v Baltimore
B) McDonald v Chicago
C) Gitlow v New York
D) Roe v Wade

Question 10

The _____________ doctrine is the notion that the Bill of Rights applies to state governments as well as the federal government through the due process clause of the Fourteenth Amendment.

A) Incorporation
B) Due process
C) Inclusion
D) Miranda

Question 11

McDonald v Chicago (2010) incorporated the ___________.

A) Third Amendment
B) Second Amendment
C) Fourth Amendment
D) Sixth Amendment

Question 12

The establishment clause prohibits government authorities from

A) Showing a preference for one set of religious beliefs over others
B) Establishing a state religion
C) Prohibiting the free exercise of religion
D) All of the above

Question 13

Everson v Board of Education (1947) is the first articulation of the principle of __________ by the Supreme Court.

A) Freedom of religion
B) Separation of church and state
C) Freedom of expression
D) Right to privacy

Question 14

The _________ approach to freedom of expression argues that the Founders wanted the First Amendment interpreted literally.

A) Extremist
B) Absolutist
C) Literalist
D) Rationalist

Question 15

The _________ approach to freedom of expression argues that First Amendment rights are fundamental and need greater protection that other rights.

A) Fundamentalist doctrine
B) Preferred freedoms doctrine
C) Freedom first doctrine
D) Balancing test doctrine

Question 16

The __________ rule is an approach to determining whether an expression should be protected that considers whether the act would have a tendency to produce a negative consequence

A) Bad tendency
B) Negative tendency
C) Clear and present danger
D) General negativity

Question 17

In Texas v Johnson (1989), the Supreme Court held that

A) Speech promoting "imminent lawless action" was not protected speech
B) Burning the American flag was symbolic and protected speech.
C) Burning the American flag was not symbolic nor protected speech
D) Speech inciting violence was not protected speech

Question 18

In ___________, the court held that even if speech was offensive to many, it can be protected as long as it contains no incitement to commit and "imminent or specific" crime.

A) Texas v Johnson
B) Schenck v United States
C) Tinker v Des Moines
D) Brandenburg v Ohio

Question 19

In Brandenburg v Ohio, the Supreme Court articulated the ___________ test to replace the old clear and present danger test.

A) Symbolic speech
B) Threatening speech
C) Imminent lawless action
D) Free speech

Question 20

The imminent lawless action test protects ___________ speech than the clear and present danger test.

A) A more fluctuating range
B) Less range
C) The same range
D) A broader range

Question 21

In 2010, the Supreme Court struck down a provision of the McCain-Feingold Act that prohibited certain political activities of corporations and unions in which case?

A) McConnell v Federal Election Commission
B) Virginia v Black
C) Snyder v Phelps
D) Citizens United v Federal Election Commission

Question 22

Which of the following is unprotected speech?

A) Obscenity
B) Libel
C) Slander
D) All of these

Question 23

In Griswold v Connecticut (1965), the Supreme Court held that

A) States cannot prohibit the use of contraceptives by married couples
B) Marital privacy is a right
C) Both a and b
D) Neither a nor b

Question 24

The 1973 decision in Roe v Wade is inherently a

A) Free speech protection
B) Privacy protection
C) Unborn life protection
D) None of these

Question 25

In 2003, the Supreme Court decided _________, ruling that the government had no right to regulate or control consensual personal relationships.

A) Lawrence v Texas
B) Washington v Glucksberg
C) United States v Jones
D) Bowers v Hardwick

Question 26

The Fourth Amendment

A) Protects individuals from unreasonable searches and seizures
B) Requires due process of law
C) Prevents double jeopardy
D) Lays down specific guidelines for a fair trial

Question 27

The Sixth Amendment

A) Protects individuals from unreasonable searches and seizures
B) Requires due process of law
C) Prevents double jeopardy
D) Lays down specific guidelines for a fair trial

Question 28

The Fifth Amendment guarantees

A) The due process of law
B) Protection from unreasonable search and seizure
C) Trial by one's peers
D) The right to be represented by counsel

Question 29

The Eighth Amendment

A) Protects individuals from unreasonable searches and seizures
B) Requires due process of law
C) Prohibits cruel and unusual punishment
D) Lays down specific guidelines for a fair trial

Question 30

The exclusionary rule was first articulated in

A) Mapp v Ohio
B) Weeks v United States
C) Lawrence v Texas
D) None of these

Question 31

The exclusionary rule was extended to states in

A) Mapp v Ohio
B) Weeks v United States
C) Lawrence v Texas
D) None of these

Question 32

The exclusionary rule is derived from ________________.

A) The Fourth Amendment
B) The Fourteenth Amendment
C) Both a and b
D) Neither a nor b

Question 33

The ____________ states that evidence obtained from an unreasonable search or seizure cannot be used in federal trials.

A) Inevitable discovery exception
B) Good faith exception
C) Exclusionary rule
D) Fourth Amendment

Question 34

According to the text, there are ________ exception(s) to the exclusionary rule

A) No
B) One
C) Two
D) Three

Question 35

The right to counsel as a fundamental part of a fair trial was decided in

A) Miranda v Arizona
B) Mapp v Ohio
C) Scott v Illinois
D) Gideon v Wainwright

Question 36

Possibly the most famous expansion of the Fifth Amendment right against self incrimination came in

A) Miranda v Arizona
B) Mapp v Ohio
C) Scott v Illinois
D) Gideon v Wainwright

Question 37

Miranda v Arizona (1966) established the right to

A) Counsel during interrogation
B) Privacy
C) Libel and Slander
D) None of these

Question 38

One objection to the death penalty is

A) It's racially biased
B) It may execute innocent people
C) Both a and b
D) Neither a nor b

Question 39

The US Constitution upholds the right of organizations like Twitter to restrict free speech in cases of hate crimes or the incitation to violence.

Question 40

Civil liberties are absolute.

Question 41

The Constitution explicitly articulates a right to privacy.

Question 42

Few Supreme Court justices have taken the position that capital punishment is inherently unconstitutional.

Question 43

The most recent amendment to be incorporated is the Second Amendment right to keep and bear arms.

Question 44

The freedom from government interference in religious matters predates the founding of the republic.

Question 45

What can or should the government do in terms of supporting parochial schools? Why?

Question 46

How well does the government balance privacy and the protection of life? Should this precedent be adjusted?

Question 47

Do you think race continues to be a factor in death penalty decisions? Why or why not?