Deck 5: Civil Liberties Civil Liberties

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Question
 The term "selective incorporation" refers to the process by which 

A) Congress has applied the Bill of Rights to the federal government. 
B) Congress has applied the Bill of Rights to the states. 
C) the Supreme Court has applied the Bill of Rights to the federal government. 
D) the Supreme Court has applied the Bill of Rights to the states. 
E) None of these are correct.
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Question
 In 2007,the Supreme Court allowed a school principal to punish a student for displaying a flag saying "Bong Hits 4 Jesus" because 

A) the Court held that it was not within the student's freedom of speech to treat the flag in that manner. 
B) the Court held that the language incited unruly behavior. 
C) the Court held that the language harmed a religion. 
D) the Court held that the language endorsed drug use. 
E) None of these are correct.
Question
 Senator Joseph McCarthy became a powerful policy entrepreneur by claiming that 

A) the Japanese posed a West Coast security threat. 
B) hippies were undermining Christianity. 
C) communists had infiltrated the government. 
D) homosexuals were transmitting AIDS to heterosexuals. 
E) secular humanists were indoctrinating educators.
Question
 Which term best describes the manner in which the Supreme Court has applied the Bill of Rights to the states? 

A) Incorporation 
B) Selective incorporation 
C) Complete incorporation 
D) Consecutive incorporation 
E) Minimal incorporation
Question
 Which of the following amendments in the Bill of Rights applies to the states? 

A) The right not to have soldiers forcibly quartered in private homes (Third Amendment). 
B) The right to be indicted by a grand jury before being tried for a serious crime (Fifth Amendment). 
C) The right to legal counsel (Sixth Amendment). 
D) The right to a jury trial in civil cases (Seventh Amendment). 
E) The ban on excessive bail and fines (Eighth Amendment).
Question
 The Bill of Rights has come to apply to the states through the interpretation of 

A) the Fourteenth Amendment. 
B) the Tenth Amendment. 
C) the commerce clause. 
D) Article III. 
E) the necessary and proper clause.
Question
 The crackdown that came to be known as the Red Scare was the enforcement of which legislation? 

A) The Sedition Act of 1798. 
B) The Espionage and Sedition Acts of 1917-1918. 
C) The Smith Act of 1940. 
D) The Internal Security Act of 1950. 
E) The Communist Control Act of 1954.
Question
 In 1833,the Supreme Court decided that the Bill of Rights restricted 

A) both the federal and state governments. 
B) state governments only. 
C) the federal government only. 
D) both the federal and state governments except when overruled by state constitutions. 
E) None of these are correct.
Question
 In passing the Sedition Act of 1798,the Federalists were fearful that Thomas Jefferson and his party would 

A) support the French Revolution. 
B) support better relations with England. 
C) restrict freedoms of speech and the press. 
D) jail French sympathizers. 
E) ban all trade.
Question
 Conflicts in civil liberties often arise because 

A) majoritarian politics is ineffective in resolving crises. 
B) the U.S. Constitution is vague on issues of individual rights. 
C) the Bill of Rights lists several competing rights. 
D) policy entrepreneurs rarely operate in the civil rights area. 
E) the Supreme Court has refused to play a leading role in the interpretation of the First Amendment.
Question
 A person treating the U.S.flag contemptuously is 

A) subject to conviction in federal court. 
B) subject to conviction in state court. 
C) subject to conviction in municipal court. 
D) protected by Fourth Amendment rights. 
E) protected by the right to exercise free speech.
Question
 In Palko v.Connecticut (1937),the Supreme Court broadly ruled that certain provisions of the U.S.Constitution's Bill of Rights applied to the states because of 

A) the notion of a reasonable person. 
B) the shock-the-conscience test. 
C) a rational basis standard. 
D) the due process and equal protection clauses. 
E) the notions of ordered liberty and fundamental rights.
Question
 Which immigrant group is most closely associated with the drive for bilingual education? 

A) Southeast Asians 
B) Hispanics 
C) Africans 
D) Eastern Europeans 
E) Germans
Question
 The Sedition Act of 1798 was motivated by fears that 

A) the new government would not hold if criticism by the press was unchecked. 
B) Federalists would try to recreate the French Revolution in the United States. 
C) Thomas Jefferson would try to recreate the French Revolution in the United States. 
D) the new government would not hold if Supreme Court powers were unchecked. 
E) All of these are correct.
Question
 Oliver Wendell Holmes,the Supreme Court justice who famously compared unpopular political speech to falsely shouting "Fire!" in a theater,ultimately came to believe that 

A) unpopular political speech is actually more dangerous than shouting "Fire!" in a theater, so the comparison was inapt. 
B) neither unpopular political speech nor shouting "Fire!" in a theater is actually all that dangerous. 
C) unpopular political speech is as dangerous as falsely shouting "Fire!" in a theater, but the two offenses should be punished differently. 
D) unpopular political speech is as dangerous as falsely shouting "Fire!" in a theater, but shouting "Fire!" in a theater is in fact protected by the Constitution. 
E) unpopular political speech is not actually as dangerous as falsely shouting "Fire!" in a theater.
Question
 The earliest immigrant group to arrive in large numbers and thus alter the scope of civil rights issues consisted of 

A) Mexican Hispanics. 
B) Hispanics from other Latin American countries. 
C) Irish Catholics. 
D) Southeast Asians. 
E) German Protestants.
Question
 The Gitlow case of 1925 established the position that  

A) the rights to a lawyer and a trial by jury were protected from infringements by state action. 
B) the rights to a lawyer and a trial by jury were protected from infringements by federal action. 
C) the freedoms of speech and of the press were protected from infringements by state action. 
D) the freedoms of speech and of the press were protected from infringements by federal action. 
E) All of these are correct. 
Question
 A civil liberty is a right to be free of __________ interference. 

A) other people's 
B) secular 
C) religious 
D) foreign 
E) government
Question
 Usually,the Supreme Court has reacted to wartime curtailments of civil liberties by 

A) upholding them. 
B) rejecting them. 
C) upholding them at first, then limiting them later. 
D) rejecting them at first, then reinstating them later. 
E) avoiding rulings on constitutionality and consigning such issues to the lower federal courts.
Question
 The Espionage and Sedition Acts (1917-1918)made it a crime to 

A) make false statements that would interfere with the American military. 
B) send material "advocating treason" through the mail. 
C) write any disloyal, profane, scurrilous, or abusive language against the United States. 
D) curtail war production. 
E) All of these are correct.
Question
 The First Amendment states that Congress shall make no law prohibiting the "free exercise" of religion.It may,however, 

A) make laws that impose a special burden on religion. 
B) bind religious people to laws that bind all others. 
C) insist that church and state remain separate. 
D) make laws respecting the establishment of a religion. 
E) declare an official religion for ceremonial purposes.
Question
 The Supreme Court's current definition of obscenity denies free-speech protection to materials or activities that 

A) depict sexuality in a way that is degrading to its subjects. 
B) promote violence against women or children. 
C) lack serious literary, artistic, political, or scientific value. 
D) present a clear and present danger to community standards of decency. 
E) do not appeal to the prurient interest.
Question
 If you,as a public figure,are grievously harmed by the written statements of someone who cannot prove that they are true,you 

A) can sue the person for libel. 
B) can collect damages if you demonstrate malice. 
C) cannot sue the person. 
D) can collect damages for slander, but not for libel. 
E) can collect damages for libel, but not for slander.
Question
 Written defamation of character is known as 

A) slander. 
B) obscenity. 
C) incitement. 
D) political falsehood. 
E) libel.
Question
 The Supreme Court denied the Hazelwood High School student newspaper the right to print certain stories,using the argument that 

A) young people do not have First Amendment protection against libel. 
B) the exercise of free expression by students is in violation of state educational codes. 
C) schools that allow free expression by students can legally be denied federal funding. 
D) incitement is never protected speech, even if it originates in a school newspaper. 
E) the exercise of free expression by students cannot impede the educational mission of the school.
Question
 The "clear and present danger" test emerged in the Supreme Court's decision in the case of 

A) Chaplinsky v. New Hampshire. 
B) Miller v. California. 
C) Texas v. Johnson. 
D) Reno v. ACLU. 
E) Schenck v. United States.
Question
 The right of free expression,although not absolute,enjoys a higher status than the other rights granted by the U.S.Constitution.This is known as the doctrine of 

A) prior restraint. 
B) existential priority. 
C) neutrality and clarity. 
D) least means. 
E) preferred position.
Question
 Military draft laws exempted "conscientious objectors" from military service.The Supreme Court ruled that conscientious objectors are individuals who 

A) belong to an established Christian religion. 
B) identify with the Judeo-Christian heritage. 
C) participate in some recognized religion. 
D) hold deeply held moral, ethical, or religious beliefs. 
E) believe in a Protestant faith.
Question
 Slander differs from libel in that it refers to 

A) oral statements. 
B) written statements. 
C) public officials. 
D) private individuals. 
E) administrative hierarchies.
Question
 The Supreme Court upheld the constitutionality of flag burning in the case of 

A) Chaplinsky v. New Hampshire. 
B) Miller v. California. 
C) Texas v. Johnson. 
D) Reno v. Johnson. 
E) Schenck v. United States.
Question
 Benjamin Gitlow's case was significant because it resulted in the Supreme Court's declaring that 

A) all sedition laws were unconstitutional. 
B) freedom of speech and freedom of the press were "fundamental." 
C) all sedition laws were constitutional. 
D) antiwar protesters could only distribute leaflets. 
E) protesters could no longer peacefully assemble.
Question
 Justice Potter Stewart's oft-quoted dictum on hard-core as opposed to soft-core pornography was 

A) "I know it when I see it." 
B) "Different strokes for different folks." 
C) "It won't play in Peoria." 
D) "One man's meat is another man's poison." 
E) "What could go wrong?"
Question
 A local statute forbidding adult movie theaters from being located near churches,schools,or parks would probably be 

A) upheld as a limit on free expression. 
B) upheld as a regulation of land use. 
C) overturned as contravening free speech. 
D) overturned as overly vague and broad. 
E) overturned for violating the principle of content neutrality.
Question
 If you,as a private individual,are grievously harmed by the statements of someone who can also prove that the statements are true,you 

A) can sue that person for libel. 
B) can collect damages if you demonstrate malice. 
C) cannot collect damages from that person. 
D) can collect for slander, but not for libel. 
E) can collect for libel, but not for slander.
Question
 When the Supreme Court rules that Amish people cannot be forced to send their children to public school beyond eighth grade,it 

A) neither establishes religion nor protects its free exercise. 
B) establishes religion without violating the First Amendment. 
C) avoids establishing religion at the risk of impeding its free exercise. 
D) both establishes religion and impedes its free exercise. 
E) protects the free exercise of religion but opens itself to criticisms regarding establishment.
Question
 Why has the Supreme Court upheld the government's banning the burning of draft cards but declared unconstitutional a law banning the burning of the American flag? 

A) The burning of draft cards is not political speech. 
B) The Constitution has an amendment that allows for the burning of the American flag. 
C) The Constitution has an amendment that specifically protects draft cards. 
D) The government has a right to run a military draft and so can protect draft cards, even if this restricts speech. 
E) The American flag is a national symbol.
Question
 In the __________ case,the Supreme Court ruled that the part of the McCain-Feingold law that denied corporations and labor unions the right to run ads violated their rights to free speech under the Constitution. 

A) McConnell v. Federal Election Commission 
B) Citizens United v. Federal Election Commission 
C) New York Times v. Sullivan 
D) Miller v. California 
E) Reno v. ACLU
Question
 When Clarence Brandenburg was arrested for making a speech calling for "revengeance" against non-whites,the Supreme Court overturned his conviction by arguing that the government can only restrict speech when it 

A) presents a clear and present danger. 
B) incites an "imminent" lawless action. 
C) is against the ruling political party. 
D) is against the president. 
E) is against law enforcement officers.
Question
 When U.S.Nazis sought to parade in Skokie,Illinois,where many Jews lived,the courts 

A) found them a clear and present danger. 
B) upheld their right to parade peacefully. 
C) refused to rule one way or another. 
D) allowed the police full discretion. 
E) allowed their arrests and convictions.
Question
 Writing for the Supreme Court,Justice Oliver Wendell Holmes proclaimed that the Congress could punish dangerous speech when that speech 

A) represented a "clear and present danger" to the United States. 
B) incited citizens to commit lawless actions. 
C) was false. 
D) was likely to offend a "reasonable" person. 
E) None of these are correct.
Question
 When the USA Patriot Act was renewed in 2006, 

A) Democrats in Congress made sure there were major overhauls. 
B) almost all of its provisions were made permanent. 
C) so many changes were made that its original supporters opposed its passage. 
D) no changes were made to the original act. 
E) its major provisions were extended for two additional years.
Question
 A judge's order authorizing a search is known as  

A) an inevitable discovery. 
B) the exclusionary rule. 
C) probable cause. 
D) a search warrant. 
E) None of these are correct.
Question
 In the __________ decision,the Supreme Court ruled that persons charged with a crime have a right to an attorney even if they cannot afford one. 

A) Gideon v. Wainwright 
B) Mapp v. Ohio 
C) Miranda v. Arizona 
D) United States v. Leon 
E) Hamdi v. Rumsfeld
Question
 The __________ clause has generally been interpreted by the Supreme Court as implying a "wall of separation" between church and state. 

A) establishment 
B) free-exercise 
C) necessary and proper 
D) elasticity 
E) emoluments
Question
 In an important recent decision,the Supreme Court upheld a voucher program for students attending religious and other private schools in Cleveland,Ohio,because 

A) the schools promised to teach no course involving religion. 
B) the aid was not given to particular schools but to the families who chose the schools. 
C) the schools removed all religious symbols and artifacts. 
D) the aid was given directly to the particular schools. 
E) the teachers were certified by the state.
Question
 In a 1947 decision,the Supreme Court allowed a New Jersey town to fund busing to a parochial school because 

A) no alternative form of transportation existed. 
B) enrollment at that school was open to all. 
C) the resulting tax burden on the average citizen was negligible. 
D) busing was religiously neutral. 
E) there was no true case and controversy.
Question
 The Bush administration held that those who were captured in Afghanistan and detained in military bases at Guantánamo were 

A) citizens. 
B) soldiers. 
C) unlawful combatants. 
D) diplomats. 
E) spokesmen.
Question
 In the __________ decision,the Supreme Court ruled that the establishment clause forbids prayer,even a nondenominational one,in public schools. 

A) Everson v. Board of Education 
B) Engel v. Vitale 
C) Lemon v. Kurtzman 
D) Zelman v. Simmons-Harris 
E) Lee v. Weisman
Question
 The USA Patriot Act modifies the law for grand jury hearings by 

A) allowing investigators to exchange information obtained in such proceedings. 
B) requiring oaths of allegiance by grand jury members. 
C) limiting the number of such proceedings in a given year. 
D) allowing hearsay in such proceedings. 
E) None of these are correct.
Question
 The practice of law-enforcement officers taking money or valuable property from people suspected of involvement with legal activity,but not charged with a crime,is known as  

A) probable cause. 
B) a public safety exception. 
C) a good faith exception. 
D) inevitable discovery. 
E) civil forfeiture.
Question
 The landmark case on involuntary confession was that of 

A) Mapp v. Ohio. 
B) Miranda v. Arizona. 
C) Gideon v. Wainwright. 
D) Brown v. Board of Education. 
E) Gitlow v. New York.
Question
 The main provisions of the USA Patriot Act cover all of the following EXCEPT 

A) airport security. 
B) telephone taps. 
C) Internet taps. 
D) voice mail. 
E) money laundering.
Question
 Since 1992,having a member of the clergy offer a prayer or an invocation at a public school graduation ceremony is 

A) unconstitutional. 
B) unconstitutional only if read from the Bible. 
C) constitutional. 
D) constitutional if not read from the Bible. 
E) constitutional if nondenominational.
Question
 The historical reference to a "wall of separation" between religion and the state can be found in 

A) the Bill of Rights. 
B) a series of debates in the First Congress. 
C) the writings of Thomas Jefferson. 
D) twentieth-century Supreme Court decisions. 
E) the Federalist papers.
Question
 The question of how best to protect people against unjust searches without unduly hindering criminal investigations is settled in most democratic countries by 

A) excluding improperly gathered evidence from trial regardless of how relevant it is. 
B) assuming that protecting people from unjust searches is more important than any hindrance that criminal investigations may have to endure. 
C) defining "unjust" in such a strict manner that no police search could ever reasonably be considered unjust. 
D) allowing all relevant evidence at trial regardless of how it was obtained, then doling out punishment after the trial if the evidence was obtained improperly. 
E) None of these are correct.
Question
 Search warrants are not to be issued unless the standard of __________ has been met. 

A) probable cause 
B) reasonable suspicion 
C) articulable suspicion 
D) reasonable doubt 
E) preponderance of evidence
Question
 The question of how best to protect people against unjust searches without unduly hindering criminal investigations is settled in the United States by 

A) excluding improperly gathered evidence from trial regardless of how relevant it is. 
B) assuming that protecting people from unjust searches is more important than any hindrance that criminal investigations may have to endure. 
C) defining "unjust" in such a strict manner that no police search could ever reasonably be considered unjust. 
D) allowing all relevant evidence at trial regardless of how it was obtained, then doling out punishment after the trial if the evidence was obtained improperly. 
E) None of these are correct.
Question
 Regarding the exclusionary rule,more recent decisions of the Supreme Court seem to be 

A) modifying the rule to make it less cumbersome for law enforcement. 
B) abandoning the rule to make any evidence admissible. 
C) continuing the rule as before. 
D) making the rule stricter to discourage police misconduct. 
E) expanding the rule so as to restrict the efforts of law-enforcement officers.
Question
 The Supreme Court demanded that the evidence obtained in Mapp v.Ohio be excluded because the police 

A) had not obtained a search warrant. 
B) questioned Mapp in an impolite manner. 
C) used unnecessary force. 
D) refused to let Mapp contact her lawyer. 
E) spied on Mapp with binoculars.
Question
 The exclusionary rule holds that 

A) double jeopardy cannot occur. 
B) defendants who have had their rights violated can plea bargain. 
C) police officers must be disciplined. 
D) evidence gathered in violation of the Constitution cannot be used in a trial. 
E) states must prohibit religious displays in court.
Question
 In the 1980s,Puerto Rican nationalists were charged with sedition. 
Question
 The Smith Act of 1940 respected the right of Americans to join the political party of their choice. 
Question
 In 1803,President Thomas Jefferson wrote the governor of Pennsylvania requesting that the governor prosecute newspaper publishers for the "licentiousness" of their papers. 
Question
 At the time of the American Revolution,there were established churches in the colonies. 
Question
 In Citizens United v.F.C.C.,the Supreme Court ruled that corporations and labor unions cannot be stopped from running ads in conjunction with a political party and/or a candidate's campaign. 
Question
 That public schools may not have clergy lead prayers at graduation ceremonies was decided in Lee v.Weisman. 
Question
 Originally,the Bill of Rights applied only to the federal government. 
Question
 If officers have probable cause to search an automobile,they can also search things that are being carried by passengers. 
Question
 Successfully suing someone for libel is generally more difficult in the United States than in other countries. 
Question
 Under the Espionage and Sedition Acts of 1917 and 1918,thousands of individuals were prosecuted,imprisoned,or deported. 
Question
 According to court rulings,nudity and sex are not necessarily obscene. 
Question
 The right to be indicted by a grand jury for serious crimes has been incorporated to the states. 
Question
 Extremely offensive and provocative speech is strongly protected by the United States Constitution. 
Question
 Obscenity is protected by the First Amendment. 
Question
 The Fourth Amendment grants individuals freedom from unreasonable searches and seizures. 
Question
 The Supreme Court has ruled that high school students have the same rights as adults in expressing their beliefs. 
Question
 The First Amendment calls for "a separation of church and state." 
Question
 The Supreme Court ruled that the political speech of Charles T.Schenck presented a "clear and present danger" to the United States. 
Question
 Federal courts have ruled that Indian tribes using the drug peyote in religious ceremonies are exempt from state laws that ban such use. 
Question
 Congress can regulate gun purchases and gun use even though the government cannot ban guns. 
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Deck 5: Civil Liberties Civil Liberties
1
 The term "selective incorporation" refers to the process by which 

A) Congress has applied the Bill of Rights to the federal government. 
B) Congress has applied the Bill of Rights to the states. 
C) the Supreme Court has applied the Bill of Rights to the federal government. 
D) the Supreme Court has applied the Bill of Rights to the states. 
E) None of these are correct.
D
2
 In 2007,the Supreme Court allowed a school principal to punish a student for displaying a flag saying "Bong Hits 4 Jesus" because 

A) the Court held that it was not within the student's freedom of speech to treat the flag in that manner. 
B) the Court held that the language incited unruly behavior. 
C) the Court held that the language harmed a religion. 
D) the Court held that the language endorsed drug use. 
E) None of these are correct.
D
3
 Senator Joseph McCarthy became a powerful policy entrepreneur by claiming that 

A) the Japanese posed a West Coast security threat. 
B) hippies were undermining Christianity. 
C) communists had infiltrated the government. 
D) homosexuals were transmitting AIDS to heterosexuals. 
E) secular humanists were indoctrinating educators.
C
4
 Which term best describes the manner in which the Supreme Court has applied the Bill of Rights to the states? 

A) Incorporation 
B) Selective incorporation 
C) Complete incorporation 
D) Consecutive incorporation 
E) Minimal incorporation
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5
 Which of the following amendments in the Bill of Rights applies to the states? 

A) The right not to have soldiers forcibly quartered in private homes (Third Amendment). 
B) The right to be indicted by a grand jury before being tried for a serious crime (Fifth Amendment). 
C) The right to legal counsel (Sixth Amendment). 
D) The right to a jury trial in civil cases (Seventh Amendment). 
E) The ban on excessive bail and fines (Eighth Amendment).
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6
 The Bill of Rights has come to apply to the states through the interpretation of 

A) the Fourteenth Amendment. 
B) the Tenth Amendment. 
C) the commerce clause. 
D) Article III. 
E) the necessary and proper clause.
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Unlock Deck
k this deck
7
 The crackdown that came to be known as the Red Scare was the enforcement of which legislation? 

A) The Sedition Act of 1798. 
B) The Espionage and Sedition Acts of 1917-1918. 
C) The Smith Act of 1940. 
D) The Internal Security Act of 1950. 
E) The Communist Control Act of 1954.
Unlock Deck
Unlock for access to all 90 flashcards in this deck.
Unlock Deck
k this deck
8
 In 1833,the Supreme Court decided that the Bill of Rights restricted 

A) both the federal and state governments. 
B) state governments only. 
C) the federal government only. 
D) both the federal and state governments except when overruled by state constitutions. 
E) None of these are correct.
Unlock Deck
Unlock for access to all 90 flashcards in this deck.
Unlock Deck
k this deck
9
 In passing the Sedition Act of 1798,the Federalists were fearful that Thomas Jefferson and his party would 

A) support the French Revolution. 
B) support better relations with England. 
C) restrict freedoms of speech and the press. 
D) jail French sympathizers. 
E) ban all trade.
Unlock Deck
Unlock for access to all 90 flashcards in this deck.
Unlock Deck
k this deck
10
 Conflicts in civil liberties often arise because 

A) majoritarian politics is ineffective in resolving crises. 
B) the U.S. Constitution is vague on issues of individual rights. 
C) the Bill of Rights lists several competing rights. 
D) policy entrepreneurs rarely operate in the civil rights area. 
E) the Supreme Court has refused to play a leading role in the interpretation of the First Amendment.
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k this deck
11
 A person treating the U.S.flag contemptuously is 

A) subject to conviction in federal court. 
B) subject to conviction in state court. 
C) subject to conviction in municipal court. 
D) protected by Fourth Amendment rights. 
E) protected by the right to exercise free speech.
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12
 In Palko v.Connecticut (1937),the Supreme Court broadly ruled that certain provisions of the U.S.Constitution's Bill of Rights applied to the states because of 

A) the notion of a reasonable person. 
B) the shock-the-conscience test. 
C) a rational basis standard. 
D) the due process and equal protection clauses. 
E) the notions of ordered liberty and fundamental rights.
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13
 Which immigrant group is most closely associated with the drive for bilingual education? 

A) Southeast Asians 
B) Hispanics 
C) Africans 
D) Eastern Europeans 
E) Germans
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14
 The Sedition Act of 1798 was motivated by fears that 

A) the new government would not hold if criticism by the press was unchecked. 
B) Federalists would try to recreate the French Revolution in the United States. 
C) Thomas Jefferson would try to recreate the French Revolution in the United States. 
D) the new government would not hold if Supreme Court powers were unchecked. 
E) All of these are correct.
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k this deck
15
 Oliver Wendell Holmes,the Supreme Court justice who famously compared unpopular political speech to falsely shouting "Fire!" in a theater,ultimately came to believe that 

A) unpopular political speech is actually more dangerous than shouting "Fire!" in a theater, so the comparison was inapt. 
B) neither unpopular political speech nor shouting "Fire!" in a theater is actually all that dangerous. 
C) unpopular political speech is as dangerous as falsely shouting "Fire!" in a theater, but the two offenses should be punished differently. 
D) unpopular political speech is as dangerous as falsely shouting "Fire!" in a theater, but shouting "Fire!" in a theater is in fact protected by the Constitution. 
E) unpopular political speech is not actually as dangerous as falsely shouting "Fire!" in a theater.
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16
 The earliest immigrant group to arrive in large numbers and thus alter the scope of civil rights issues consisted of 

A) Mexican Hispanics. 
B) Hispanics from other Latin American countries. 
C) Irish Catholics. 
D) Southeast Asians. 
E) German Protestants.
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17
 The Gitlow case of 1925 established the position that  

A) the rights to a lawyer and a trial by jury were protected from infringements by state action. 
B) the rights to a lawyer and a trial by jury were protected from infringements by federal action. 
C) the freedoms of speech and of the press were protected from infringements by state action. 
D) the freedoms of speech and of the press were protected from infringements by federal action. 
E) All of these are correct. 
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18
 A civil liberty is a right to be free of __________ interference. 

A) other people's 
B) secular 
C) religious 
D) foreign 
E) government
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19
 Usually,the Supreme Court has reacted to wartime curtailments of civil liberties by 

A) upholding them. 
B) rejecting them. 
C) upholding them at first, then limiting them later. 
D) rejecting them at first, then reinstating them later. 
E) avoiding rulings on constitutionality and consigning such issues to the lower federal courts.
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20
 The Espionage and Sedition Acts (1917-1918)made it a crime to 

A) make false statements that would interfere with the American military. 
B) send material "advocating treason" through the mail. 
C) write any disloyal, profane, scurrilous, or abusive language against the United States. 
D) curtail war production. 
E) All of these are correct.
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21
 The First Amendment states that Congress shall make no law prohibiting the "free exercise" of religion.It may,however, 

A) make laws that impose a special burden on religion. 
B) bind religious people to laws that bind all others. 
C) insist that church and state remain separate. 
D) make laws respecting the establishment of a religion. 
E) declare an official religion for ceremonial purposes.
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22
 The Supreme Court's current definition of obscenity denies free-speech protection to materials or activities that 

A) depict sexuality in a way that is degrading to its subjects. 
B) promote violence against women or children. 
C) lack serious literary, artistic, political, or scientific value. 
D) present a clear and present danger to community standards of decency. 
E) do not appeal to the prurient interest.
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23
 If you,as a public figure,are grievously harmed by the written statements of someone who cannot prove that they are true,you 

A) can sue the person for libel. 
B) can collect damages if you demonstrate malice. 
C) cannot sue the person. 
D) can collect damages for slander, but not for libel. 
E) can collect damages for libel, but not for slander.
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24
 Written defamation of character is known as 

A) slander. 
B) obscenity. 
C) incitement. 
D) political falsehood. 
E) libel.
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25
 The Supreme Court denied the Hazelwood High School student newspaper the right to print certain stories,using the argument that 

A) young people do not have First Amendment protection against libel. 
B) the exercise of free expression by students is in violation of state educational codes. 
C) schools that allow free expression by students can legally be denied federal funding. 
D) incitement is never protected speech, even if it originates in a school newspaper. 
E) the exercise of free expression by students cannot impede the educational mission of the school.
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26
 The "clear and present danger" test emerged in the Supreme Court's decision in the case of 

A) Chaplinsky v. New Hampshire. 
B) Miller v. California. 
C) Texas v. Johnson. 
D) Reno v. ACLU. 
E) Schenck v. United States.
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27
 The right of free expression,although not absolute,enjoys a higher status than the other rights granted by the U.S.Constitution.This is known as the doctrine of 

A) prior restraint. 
B) existential priority. 
C) neutrality and clarity. 
D) least means. 
E) preferred position.
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28
 Military draft laws exempted "conscientious objectors" from military service.The Supreme Court ruled that conscientious objectors are individuals who 

A) belong to an established Christian religion. 
B) identify with the Judeo-Christian heritage. 
C) participate in some recognized religion. 
D) hold deeply held moral, ethical, or religious beliefs. 
E) believe in a Protestant faith.
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29
 Slander differs from libel in that it refers to 

A) oral statements. 
B) written statements. 
C) public officials. 
D) private individuals. 
E) administrative hierarchies.
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30
 The Supreme Court upheld the constitutionality of flag burning in the case of 

A) Chaplinsky v. New Hampshire. 
B) Miller v. California. 
C) Texas v. Johnson. 
D) Reno v. Johnson. 
E) Schenck v. United States.
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31
 Benjamin Gitlow's case was significant because it resulted in the Supreme Court's declaring that 

A) all sedition laws were unconstitutional. 
B) freedom of speech and freedom of the press were "fundamental." 
C) all sedition laws were constitutional. 
D) antiwar protesters could only distribute leaflets. 
E) protesters could no longer peacefully assemble.
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32
 Justice Potter Stewart's oft-quoted dictum on hard-core as opposed to soft-core pornography was 

A) "I know it when I see it." 
B) "Different strokes for different folks." 
C) "It won't play in Peoria." 
D) "One man's meat is another man's poison." 
E) "What could go wrong?"
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33
 A local statute forbidding adult movie theaters from being located near churches,schools,or parks would probably be 

A) upheld as a limit on free expression. 
B) upheld as a regulation of land use. 
C) overturned as contravening free speech. 
D) overturned as overly vague and broad. 
E) overturned for violating the principle of content neutrality.
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34
 If you,as a private individual,are grievously harmed by the statements of someone who can also prove that the statements are true,you 

A) can sue that person for libel. 
B) can collect damages if you demonstrate malice. 
C) cannot collect damages from that person. 
D) can collect for slander, but not for libel. 
E) can collect for libel, but not for slander.
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35
 When the Supreme Court rules that Amish people cannot be forced to send their children to public school beyond eighth grade,it 

A) neither establishes religion nor protects its free exercise. 
B) establishes religion without violating the First Amendment. 
C) avoids establishing religion at the risk of impeding its free exercise. 
D) both establishes religion and impedes its free exercise. 
E) protects the free exercise of religion but opens itself to criticisms regarding establishment.
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36
 Why has the Supreme Court upheld the government's banning the burning of draft cards but declared unconstitutional a law banning the burning of the American flag? 

A) The burning of draft cards is not political speech. 
B) The Constitution has an amendment that allows for the burning of the American flag. 
C) The Constitution has an amendment that specifically protects draft cards. 
D) The government has a right to run a military draft and so can protect draft cards, even if this restricts speech. 
E) The American flag is a national symbol.
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37
 In the __________ case,the Supreme Court ruled that the part of the McCain-Feingold law that denied corporations and labor unions the right to run ads violated their rights to free speech under the Constitution. 

A) McConnell v. Federal Election Commission 
B) Citizens United v. Federal Election Commission 
C) New York Times v. Sullivan 
D) Miller v. California 
E) Reno v. ACLU
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38
 When Clarence Brandenburg was arrested for making a speech calling for "revengeance" against non-whites,the Supreme Court overturned his conviction by arguing that the government can only restrict speech when it 

A) presents a clear and present danger. 
B) incites an "imminent" lawless action. 
C) is against the ruling political party. 
D) is against the president. 
E) is against law enforcement officers.
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39
 When U.S.Nazis sought to parade in Skokie,Illinois,where many Jews lived,the courts 

A) found them a clear and present danger. 
B) upheld their right to parade peacefully. 
C) refused to rule one way or another. 
D) allowed the police full discretion. 
E) allowed their arrests and convictions.
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40
 Writing for the Supreme Court,Justice Oliver Wendell Holmes proclaimed that the Congress could punish dangerous speech when that speech 

A) represented a "clear and present danger" to the United States. 
B) incited citizens to commit lawless actions. 
C) was false. 
D) was likely to offend a "reasonable" person. 
E) None of these are correct.
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41
 When the USA Patriot Act was renewed in 2006, 

A) Democrats in Congress made sure there were major overhauls. 
B) almost all of its provisions were made permanent. 
C) so many changes were made that its original supporters opposed its passage. 
D) no changes were made to the original act. 
E) its major provisions were extended for two additional years.
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42
 A judge's order authorizing a search is known as  

A) an inevitable discovery. 
B) the exclusionary rule. 
C) probable cause. 
D) a search warrant. 
E) None of these are correct.
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43
 In the __________ decision,the Supreme Court ruled that persons charged with a crime have a right to an attorney even if they cannot afford one. 

A) Gideon v. Wainwright 
B) Mapp v. Ohio 
C) Miranda v. Arizona 
D) United States v. Leon 
E) Hamdi v. Rumsfeld
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44
 The __________ clause has generally been interpreted by the Supreme Court as implying a "wall of separation" between church and state. 

A) establishment 
B) free-exercise 
C) necessary and proper 
D) elasticity 
E) emoluments
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45
 In an important recent decision,the Supreme Court upheld a voucher program for students attending religious and other private schools in Cleveland,Ohio,because 

A) the schools promised to teach no course involving religion. 
B) the aid was not given to particular schools but to the families who chose the schools. 
C) the schools removed all religious symbols and artifacts. 
D) the aid was given directly to the particular schools. 
E) the teachers were certified by the state.
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46
 In a 1947 decision,the Supreme Court allowed a New Jersey town to fund busing to a parochial school because 

A) no alternative form of transportation existed. 
B) enrollment at that school was open to all. 
C) the resulting tax burden on the average citizen was negligible. 
D) busing was religiously neutral. 
E) there was no true case and controversy.
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47
 The Bush administration held that those who were captured in Afghanistan and detained in military bases at Guantánamo were 

A) citizens. 
B) soldiers. 
C) unlawful combatants. 
D) diplomats. 
E) spokesmen.
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48
 In the __________ decision,the Supreme Court ruled that the establishment clause forbids prayer,even a nondenominational one,in public schools. 

A) Everson v. Board of Education 
B) Engel v. Vitale 
C) Lemon v. Kurtzman 
D) Zelman v. Simmons-Harris 
E) Lee v. Weisman
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49
 The USA Patriot Act modifies the law for grand jury hearings by 

A) allowing investigators to exchange information obtained in such proceedings. 
B) requiring oaths of allegiance by grand jury members. 
C) limiting the number of such proceedings in a given year. 
D) allowing hearsay in such proceedings. 
E) None of these are correct.
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50
 The practice of law-enforcement officers taking money or valuable property from people suspected of involvement with legal activity,but not charged with a crime,is known as  

A) probable cause. 
B) a public safety exception. 
C) a good faith exception. 
D) inevitable discovery. 
E) civil forfeiture.
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51
 The landmark case on involuntary confession was that of 

A) Mapp v. Ohio. 
B) Miranda v. Arizona. 
C) Gideon v. Wainwright. 
D) Brown v. Board of Education. 
E) Gitlow v. New York.
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52
 The main provisions of the USA Patriot Act cover all of the following EXCEPT 

A) airport security. 
B) telephone taps. 
C) Internet taps. 
D) voice mail. 
E) money laundering.
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53
 Since 1992,having a member of the clergy offer a prayer or an invocation at a public school graduation ceremony is 

A) unconstitutional. 
B) unconstitutional only if read from the Bible. 
C) constitutional. 
D) constitutional if not read from the Bible. 
E) constitutional if nondenominational.
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54
 The historical reference to a "wall of separation" between religion and the state can be found in 

A) the Bill of Rights. 
B) a series of debates in the First Congress. 
C) the writings of Thomas Jefferson. 
D) twentieth-century Supreme Court decisions. 
E) the Federalist papers.
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55
 The question of how best to protect people against unjust searches without unduly hindering criminal investigations is settled in most democratic countries by 

A) excluding improperly gathered evidence from trial regardless of how relevant it is. 
B) assuming that protecting people from unjust searches is more important than any hindrance that criminal investigations may have to endure. 
C) defining "unjust" in such a strict manner that no police search could ever reasonably be considered unjust. 
D) allowing all relevant evidence at trial regardless of how it was obtained, then doling out punishment after the trial if the evidence was obtained improperly. 
E) None of these are correct.
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56
 Search warrants are not to be issued unless the standard of __________ has been met. 

A) probable cause 
B) reasonable suspicion 
C) articulable suspicion 
D) reasonable doubt 
E) preponderance of evidence
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57
 The question of how best to protect people against unjust searches without unduly hindering criminal investigations is settled in the United States by 

A) excluding improperly gathered evidence from trial regardless of how relevant it is. 
B) assuming that protecting people from unjust searches is more important than any hindrance that criminal investigations may have to endure. 
C) defining "unjust" in such a strict manner that no police search could ever reasonably be considered unjust. 
D) allowing all relevant evidence at trial regardless of how it was obtained, then doling out punishment after the trial if the evidence was obtained improperly. 
E) None of these are correct.
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58
 Regarding the exclusionary rule,more recent decisions of the Supreme Court seem to be 

A) modifying the rule to make it less cumbersome for law enforcement. 
B) abandoning the rule to make any evidence admissible. 
C) continuing the rule as before. 
D) making the rule stricter to discourage police misconduct. 
E) expanding the rule so as to restrict the efforts of law-enforcement officers.
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59
 The Supreme Court demanded that the evidence obtained in Mapp v.Ohio be excluded because the police 

A) had not obtained a search warrant. 
B) questioned Mapp in an impolite manner. 
C) used unnecessary force. 
D) refused to let Mapp contact her lawyer. 
E) spied on Mapp with binoculars.
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60
 The exclusionary rule holds that 

A) double jeopardy cannot occur. 
B) defendants who have had their rights violated can plea bargain. 
C) police officers must be disciplined. 
D) evidence gathered in violation of the Constitution cannot be used in a trial. 
E) states must prohibit religious displays in court.
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61
 In the 1980s,Puerto Rican nationalists were charged with sedition. 
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62
 The Smith Act of 1940 respected the right of Americans to join the political party of their choice. 
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63
 In 1803,President Thomas Jefferson wrote the governor of Pennsylvania requesting that the governor prosecute newspaper publishers for the "licentiousness" of their papers. 
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64
 At the time of the American Revolution,there were established churches in the colonies. 
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65
 In Citizens United v.F.C.C.,the Supreme Court ruled that corporations and labor unions cannot be stopped from running ads in conjunction with a political party and/or a candidate's campaign. 
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66
 That public schools may not have clergy lead prayers at graduation ceremonies was decided in Lee v.Weisman. 
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67
 Originally,the Bill of Rights applied only to the federal government. 
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68
 If officers have probable cause to search an automobile,they can also search things that are being carried by passengers. 
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69
 Successfully suing someone for libel is generally more difficult in the United States than in other countries. 
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70
 Under the Espionage and Sedition Acts of 1917 and 1918,thousands of individuals were prosecuted,imprisoned,or deported. 
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71
 According to court rulings,nudity and sex are not necessarily obscene. 
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72
 The right to be indicted by a grand jury for serious crimes has been incorporated to the states. 
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73
 Extremely offensive and provocative speech is strongly protected by the United States Constitution. 
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74
 Obscenity is protected by the First Amendment. 
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75
 The Fourth Amendment grants individuals freedom from unreasonable searches and seizures. 
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76
 The Supreme Court has ruled that high school students have the same rights as adults in expressing their beliefs. 
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77
 The First Amendment calls for "a separation of church and state." 
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78
 The Supreme Court ruled that the political speech of Charles T.Schenck presented a "clear and present danger" to the United States. 
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79
 Federal courts have ruled that Indian tribes using the drug peyote in religious ceremonies are exempt from state laws that ban such use. 
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80
 Congress can regulate gun purchases and gun use even though the government cannot ban guns. 
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