Deck 13: Civil Liberties

Question 1

The Rehnquist Court ruled that flag desecration is ____________.

A) symbolic speech and therefore constitutionally protected
B) seditious speech and therefore constitutionally disallowed
C) illegal and therefore constitutionally punishable
D) hate speech and therefore constitutionally in question

Answer 1

A

Question 2

The Constitution protects individuals from ____________ laws, which make some behavior illegal that was not illegal when the acts were committed.

A) habeas corpus
B) ex post facto
C) de jure
D) Marshall

Answer 2

B

Question 3

During the runup to the Iraq War, a man wearing a T-shirt with the slogan "Give Peace a Chance" was arrested because __________.

A) the T-shirt was considered offensive speech
B) the T-shirt was considered a demonstration on private property
C) the T-shirt was considered seditious
D) the T-shirt wearer organized a rally in a public forum

Answer 3

B

Question 4

In 1969, the Supreme Court distinguished between ____________ in protecting seditious speech.

A) advocacy and incitement
B) encouragement and action
C) intent and action
D) advocacy and intent

Question 5

Which of the following is a requirement for federal office that the Constitution has banned?

A) age
B) gender
C) religion
D) citizenship status

Question 6

Speech that encourages rebellion against the government is __________ speech.

A) heckler's
B) symbolic
C) hate
D) seditious

Question 7

McCarthyism ____________.

A) ended when McCarthy left the Senate
B) continued with the HUAC
C) was struck down by the courts
D) protected the freedom of speech

Question 8

"Natural rights" ____________.

A) are guaranteed by virtue of being human
B) are the rights of animals and the environment
C) is a term commonly used today by Americans
D) are rights granted by the government

Question 9

The Bill of Rights ____________.

A) is part of the original Constitution
B) provides rights against the government
C) is often amended by Congress
D) outlines federal tax bills

Question 10

The Supreme Court originally applied the Bill of Rights to the actions of _________.

A) the people
B) the federal government
C) localities
D) state governments

Question 11

The first eight amendments to the Constitution ____________.

A) grant general rights
B) exhaust the list of specific rights
C) are listed in order of importance
D) grant specific rights, unlike the Ninth and Tenth Amendments

Question 12

With the protection of offensive speech, the First Amendment guards both rational and ____________ speech.

A) accidental
B) critical
C) vulgar
D) emotional

Question 13

Derogatory speech-racial, ethnic, sexual, or religious slurs-that is usually aimed at a group is called __________.

A) hate speech
B) stereotyping
C) fighting words
D) prejudicial terminology

Question 14

Which of the following is a limit on demonstrations?

A) Demonstrations cannot be held in public.
B) Demonstrations that offend people are illegal.
C) Demonstrations cannot take place on private property without the owner's permission.
D) Demonstrations by groups of people larger than 100 are prohibited.

Question 15

Because there was no standing army to protect the people from foreign invasions, the __________ Amendment was adopted.

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

Question 16

Which of the following media forms is commonly referred to as the "poor person's printing press"?

A) the public forum
B) Congress
C) the Internet
D) talk radio

Question 17

During the Cold War, the Supreme Court upheld the sentences of people charged with making seditious speeches by saying that such speeches __________.

A) violated people's right to privacy
B) were not protected by the establishment clause
C) were equivalent to bills of attainder
D) were a clear and present danger

Question 18

What did the Supreme Court rule about the right of the Ku Klux Klan to burn crosses?

A) Cross burning is a hate crime and is illegal.
B) Cross burning to intimidate or threaten can be prosecuted.
C) Cross burning is protected by the First Amendment and is legal under any circumstances.
D) The Ku Klux Klan is a terrorist organization; therefore, cross burning is not protected under the First Amendment.

Question 19

The Bill of Rights was ratified in ____________.

A) 1774
B) 1789
C) 1791
D) 1800

Question 20

Which of the following rights does the First Amendment guarantee?

A) freedom of speech
B) right to bear arms
C) right to counsel
D) right against self-incrimination

Question 21

The_____________ rule bars the admission of evidence obtained in violation of the Fourth Amendment.

A) no prior restraint
B) free exercise
C) exclusionary
D) ex post facto

Question 22

Which section of the Constitution deals with the freedom of religion?

A) separation of church and state clause
B) free exercise clause
C) full faith and credit clause
D) Article VII

Question 23

An exception to prior restraint occurred when The Progressive planned to publish an article on the design of hydrogen bombs, because the courts felt that the article was __________.

A) a government leak
B) a historical document
C) libelous
D) a threat to national security

Question 24

A primary example of the application of the prior restraint doctrine occurred in connection with __________.

A) White House protocols
B) the Pentagon Papers
C) World War II
D) "BONG HiTS 4 JESUS"

Question 25

That the press may disseminate information before being punished for publishing it is an example of the constitutional prohibition against _____________.

A) libel
B) leaks
C) obscenity
D) prior restraint

Question 26

The Fifth Amendment protects against ____________.

A) involuntary confessions
B) police brutality
C) offensive speech during arrest
D) voluntary arrests

Question 27

As a secular document, the Constitution is a compact __________.

A) between God the people
B) among the people
C) between a Creator and the people
D) between Providence and the people

Question 28

Both international and domestic surveillance has shown that a combination of technological advances and terrorist attacks can challenge __________.

A) our liberties
B) the judicial use of gag orders
C) the freedom of religion
D) improper police searches and seizures

Question 29

To solve disputes about teaching evolution in schools, the courts have invoked the ___________.

A) free exercise clause
B) establishment clause
C) Second Amendment
D) separation between church and state clause

Question 30

The Supreme Court has been reluctant to provide religious practice exceptions with respect to __________.

A) paying taxes
B) participating in Social Security
C) abstaining from war
D) work scheduling

Question 31

Due process refers to _____________.

A) the Third Amendment, which requires all working Americans to pay dues, or taxes
B) the rights of the jury
C) the rights of criminal defendants to be treated fairly and have access to the procedures of law
D) the due date to file legal briefings

Question 32

When can the police conduct a warrantless search?

A) with personal consent
B) if contraband is assumed
C) if a crime has been committed
D) without personal consent in one's home

Question 33

Which Supreme Court decision mandated that suspects be advised of their rights?

A) Mapp v. Ohio
B) Miranda v. Arizona
C) Gideon v. Wainwright
D) Roe v. Wade

Question 34

The Supreme Court has ruled that students can engage in symbolic speech as long as they __________.

A) with current government policy
B) refrain from libel
C) get a parade permit
D) do not disrupt school

Question 35

The presumption of innocence _____________.

A) limits the rights of defendants
B) is a naive belief that most defendants are innocent
C) requires the state to prove the defendant's guilt
D) gives state officials more authority

Question 36

Gideon v. Wainwright illustrates Justice Black's admonition that, in criminal cases, lawyers are ___________.

A) crooks, not innocents
B) spokespersons, not silent partners
C) luxuries, not necessities
D) necessities, not luxuries

Question 37

Libel includes printed or broadcast statements that __________.

A) are valid descriptions of someone's character
B) minimize the negative aspects of someone's reputation
C) hide the negative aspects of someone's reputation
D) make false statements about and damage a someone's reputation

Question 38

In 1967, the Warren Court overturned the precedent on wiretapping, concluding that __________.

A) wiretapping requires judicial authorization
B) wiretapping violates the Sixth Amendment
C) wiretapping is not a search and seizure issue
D) wiretapping is a form of libel

Question 39

Freedom of association __________.

A) is mentioned in the First Amendment
B) requires groups to accept all individuals as members
C) states that individuals must be part of an association to petition the government for a redress of grievances
D) has been interpreted by the Supreme Court to encompass several First Amendment rights

Question 40

The Fifth Amendment prevents prosecutors from __________.

A) implying that defendants are guilty because they do not testify
B) repudiating plea bargains
C) curtailing defendants' rights to free speech
D) being victimized by libel

Question 41

The Supreme Court decision establishing a right to die __________.

A) encompasses suicide
B) prohibits state governments from regulating this right
C) prohibits individuals from having living wills
D) distinguishes between stopping treatment and assisting suicide

Question 42

The American Bar Association and some states have called for a moratorium on the use of capital punishment because of __________.

A) patterns of racial discrimination
B) mitigating factors are not considered
C) patterns of adequate representation
D) patterns in sentencing

Question 43

In 1999, the Vermont Supreme Court ruled the state must __________.

A) illegalize same-sex marriage
B) repeal sodomy laws
C) eliminate the rights of same-sex civil unions
D) equalize rights for civil unions

Question 44

Explain the concept of "natural rights."

Question 45

Which of the following rights does the Sixth Amendment guarantee?

A) the right to plea bargain
B) the right to free religious expression
C) the right to free speech
D) the right to a jury trial

Question 46

What is seditious speech?

Question 47

What is meant by separation of church and state?

Question 48

The right to privacy is found in the __________.

A) Constitution
B) Justice Douglas doctrine
C) Bill of Rights
D) Supreme Court's interpretations of amendments

Question 49

When have prior restraint court decisions conflicted?

Question 50

In 1972, the Burger Court ruled that capital punishment is not cruel and unusual when ____________.

A) imposed for rape crimes
B) the appeals process is complete
C) state legislatures approve it
D) administered fairly

Question 51

Who is Joseph McCarthy?

Question 52

In what way has Congress limited abortions?

A) through elimination of federal funding
B) through constitutional amendments
C) through statutes that allow state regulation
D) through appointment of federal judges

Question 53

The Eighth Amendment forbids cruel and unusual punishment but __________.

A) such punishment is rarely disputed
B) does not define it
C) invalidates it in cases of domestic wiretapping
D) invalidates it in cases of juvenile prosecution

Question 54

The constitutional protection against self-incrimination safeguards __________.

A) the right to plea bargain
B) symbolic speech
C) the privacy of knowledge and thoughts
D) the unconstitutionality of prior restraint

Question 55

The law passed by Congress that allows states to disregard same-sex marriages performed in other states is the __________ Act.

A) Defense of Gay Marriage
B) Defense of Marriage
C) Marriage
D) Same-Sex Marriage

Question 56

Plea bargaining __________.

A) increases access to government witnesses
B) reduces due process rights
C) involves the uncertainty of jury trials
D) takes advantage of rights to jury trials

Question 57

In Roe v. Wade, the Supreme Court __________.

A) established the exclusionary rule
B) legalized the availability of contraception
C) extended privacy rights to cover abortion
D) denied a woman's right to abortion

Question 58

The case of Lawrence v. Texas established privacy rights for _____________.

A) women
B) minorities
C) homosexuals
D) Quakers

Question 59

Why are expressive and intimate associations permitted to exclude others?

Question 60

Which of the following cases concerning birth control established a right to privacy?

A) Gideon v. Wainwright
B) Griswold v. Connecticut
C) Roe v. Wade
D) Lawrence v. Texas

Question 61

Describe the current rule on evolution being taught in schools.

Question 62

How do the courts feel about the right to die?

Question 63

What is the presumption of innocence?

Question 64

In what manner does seditious speech allow for more democratic government?

Question 65

Explain the constitutional protections both for freedom of religion and freedom from religion. How do these two goals sometimes conflict? How have religious rights evolved in the United States?

Question 66

What rule was established by the Supreme Court in Mapp v. Ohio?

Question 67

Consider your First Amendment freedoms. What important restrictions limit where, when, and how we may speak?

Question 68

What actions have federal, state, and local governments taken to address the right to privacy? Have they allowed or limited this right?

Question 69

How do the exclusionary rule and Miranda warnings affect police work?

Question 70

What is the Supreme Court's position on capital punishment? How have the Court's views changed over time?

Question 71

Should a courthouse be able to erect a marble statue of the Ten Commandments on its grounds? Why or why not? What are the constitutional issues involved?