Deck 4: Civil Liberties
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Deck 4: Civil Liberties
1
The Fourteenth Amendment
A)forced state governments to abide by all of the provisions in the Bill of Rights immediately after its ratification in 1868.
B)had no effect on state governments because it was designed to apply only to the federal government.
C)forced state governments to abide by almost every provision in the Bill of Rights, but the process took more than 100 years.
D)required states to abide by the First Amendment to the Constitution but not any of the other amendments to the Constitution.
A)forced state governments to abide by all of the provisions in the Bill of Rights immediately after its ratification in 1868.
B)had no effect on state governments because it was designed to apply only to the federal government.
C)forced state governments to abide by almost every provision in the Bill of Rights, but the process took more than 100 years.
D)required states to abide by the First Amendment to the Constitution but not any of the other amendments to the Constitution.
C
2
Why is Palko v.Connecticut (1937) a significant case?
A)It was the first time the Supreme Court announced a constitutionally protected right to privacy.
B)It established the principle of selective incorporation for the Bill of Rights.
C)It was the first time the Supreme Court upheld free exercise protections for a nonmainstream religion.
D)It established the principle that persons under arrest must be informed of their right to remain silent.
A)It was the first time the Supreme Court announced a constitutionally protected right to privacy.
B)It established the principle of selective incorporation for the Bill of Rights.
C)It was the first time the Supreme Court upheld free exercise protections for a nonmainstream religion.
D)It established the principle that persons under arrest must be informed of their right to remain silent.
B
3
The Bill of Rights was adopted because the
A)Antifederalists demanded it as the price of ratification of the Constitution.
B)Federalists realized that no constitution would last for long without a bill of rights.
C)federal government in the early days of the Republic was violating too many individual rights.
D)Supreme Court ruled that a bill of rights was needed.
A)Antifederalists demanded it as the price of ratification of the Constitution.
B)Federalists realized that no constitution would last for long without a bill of rights.
C)federal government in the early days of the Republic was violating too many individual rights.
D)Supreme Court ruled that a bill of rights was needed.
A
4
The constitutional basis for the nationalization of the Bill of Rights is the ________ Amendment.
A)First
B)Fourth
C)Tenth
D)Fourteenth
A)First
B)Fourth
C)Tenth
D)Fourteenth
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5
The Bill of Rights
A)is the first 10 amendments to the U.S.Constitution.
B)includes all of the civil liberties and civil rights found in the U.S.Constitution.
C)is the first national Constitution of the United States.
D)is the First Amendment to the U.S.Constitution.
A)is the first 10 amendments to the U.S.Constitution.
B)includes all of the civil liberties and civil rights found in the U.S.Constitution.
C)is the first national Constitution of the United States.
D)is the First Amendment to the U.S.Constitution.
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6
The 1937 case Palko v.Connecticut focused on the
A)Fourth Amendment's protection against unreasonable searches and seizures.
B)Sixth Amendment's right to counsel.
C)Second Amendment's right to bear arms.
D)Fifth Amendment's protection against double jeopardy.
A)Fourth Amendment's protection against unreasonable searches and seizures.
B)Sixth Amendment's right to counsel.
C)Second Amendment's right to bear arms.
D)Fifth Amendment's protection against double jeopardy.
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7
The first provision of the Bill of Rights to be "incorporated" into the Fourteenth Amendment as a limitation on state power was the
A)First Amendment's protection for freedom of the press.
B)First Amendment's protection for freedom of speech.
C)First Amendment's protection for freedom of assembly.
D)Fifth Amendment's prohibition on states from taking private property for public use without just compensation.
A)First Amendment's protection for freedom of the press.
B)First Amendment's protection for freedom of speech.
C)First Amendment's protection for freedom of assembly.
D)Fifth Amendment's prohibition on states from taking private property for public use without just compensation.
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8
Which of the following civil liberties was included in Article III of the Constitution?
A)guarantee of trial by jury in state where crime was committed
B)protection against "double jeopardy"
C)protection against self-incrimination
D)guarantee of habeas corpus
A)guarantee of trial by jury in state where crime was committed
B)protection against "double jeopardy"
C)protection against self-incrimination
D)guarantee of habeas corpus
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9
DeJonge v.Oregon (1937) and Everson v.Board of Education (1947) were significant Supreme Court cases because they
A)asserted that the First Amendment applied only to the national government and not to state governments.
B)incorporated provisions of the Bill of Rights through the due process clause of the Fourteenth Amendment.
C)upheld the constitutionality of bills of attainder.
D)protected the right of habeas corpus.
A)asserted that the First Amendment applied only to the national government and not to state governments.
B)incorporated provisions of the Bill of Rights through the due process clause of the Fourteenth Amendment.
C)upheld the constitutionality of bills of attainder.
D)protected the right of habeas corpus.
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10
The idea that all persons "born or naturalized" in the United States are citizens can be found in
A)Article I of the Constitution.
B)the First Amendment.
C)the Tenth Amendment.
D)the Fourteenth Amendment.
A)Article I of the Constitution.
B)the First Amendment.
C)the Tenth Amendment.
D)the Fourteenth Amendment.
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11
During the Founding era, ________ were the strongest supporters of adding a bill of rights to the Constitution.
A)Federalists
B)Antifederalists
C)merchants and landowners
D)slaves
A)Federalists
B)Antifederalists
C)merchants and landowners
D)slaves
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12
Habeas corpus refers to
A)any law that declares an action to be illegal after it has been committed.
B)the right of government to take private property for public use.
C)a law that declares a person guilty of a crime without a trial.
D)a court order demanding that an individual in custody be brought into court and shown the cause for detention.
A)any law that declares an action to be illegal after it has been committed.
B)the right of government to take private property for public use.
C)a law that declares a person guilty of a crime without a trial.
D)a court order demanding that an individual in custody be brought into court and shown the cause for detention.
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13
Which of the following civil liberties was NOT included in Article I, Section 9 of the Constitution?
A)prohibition of ex post facto laws
B)prohibition of bills of attainder
C)prohibition of government "taking" private property "without just compensation"
D)guarantee of habeas corpus
A)prohibition of ex post facto laws
B)prohibition of bills of attainder
C)prohibition of government "taking" private property "without just compensation"
D)guarantee of habeas corpus
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14
________ are areas of personal freedom with which governments are constrained from interfering.
A)Civil rights
B)Political rights
C)Electoral rights
D)Civil liberties
A)Civil rights
B)Political rights
C)Electoral rights
D)Civil liberties
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15
In what year was freedom of speech extended to protect against the acts of state governments?
A)1833
B)1865
C)1868
D)1925
A)1833
B)1865
C)1868
D)1925
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16
Alexander Hamilton opposed a bill of rights mainly because he believed that
A)too many individual liberties diminished the trust between citizen and government.
B)it was unnecessary given that the federal government was given only a small set of explicitly delegated powers.
C)a bill of rights would make the Constitution too specific and cumbersome.
D)a bill of rights would lead to many frivolous lawsuits.
A)too many individual liberties diminished the trust between citizen and government.
B)it was unnecessary given that the federal government was given only a small set of explicitly delegated powers.
C)a bill of rights would make the Constitution too specific and cumbersome.
D)a bill of rights would lead to many frivolous lawsuits.
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17
The ________ Amendment is the only amendment in the Bill of Rights that explicitly addresses itself to the national government.
A)First
B)Second
C)Fourth
D)Fifth
A)First
B)Second
C)Fourth
D)Fifth
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18
The process by which the Supreme Court has expanded specific parts of the Bill of Rights to protect citizens against state actions is called
A)habeas corpus.
B)selective incorporation.
C)the incorporation clause.
D)cooperative federalism.
A)habeas corpus.
B)selective incorporation.
C)the incorporation clause.
D)cooperative federalism.
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19
The text of the Fourteenth Amendment says
A)"the right of the people to keep and bear Arms, shall not be infringed."
B)"no person shall ...be twice put in jeopardy of life or limb."
C)"no soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."
D)"nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
A)"the right of the people to keep and bear Arms, shall not be infringed."
B)"no person shall ...be twice put in jeopardy of life or limb."
C)"no soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."
D)"nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
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20
The Bill of Rights was ratified by the states in
A)1776.
B)1787.
C)1791.
D)1812.
A)1776.
B)1787.
C)1791.
D)1812.
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21
The so-called wall of separation between church and state is best found in which clause of the Constitution?
A)free exercise
B)establishment
C)equal protection
D)wall of separation
A)free exercise
B)establishment
C)equal protection
D)wall of separation
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22
Most of the provisions related to rights of the criminally accused were incorporated during the
A)1860s.
B)1940s.
C)1960s.
D)1990s.
A)1860s.
B)1940s.
C)1960s.
D)1990s.
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23
Van Orden v.Perry (2005) and McCreary v.ACLU (2005) show that
A)the issue of government-sponsored religion has not yet been definitively settled.
B)there are different opinions about the establishment clause and whether it should apply to states as well as the federal government.
C)the free exercise clause has still not been incorporated through the Fourteenth Amendment.
D)the Lemon test does not apply to cases involving school prayer.
A)the issue of government-sponsored religion has not yet been definitively settled.
B)there are different opinions about the establishment clause and whether it should apply to states as well as the federal government.
C)the free exercise clause has still not been incorporated through the Fourteenth Amendment.
D)the Lemon test does not apply to cases involving school prayer.
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24
________ argued that there was a "wall of separation" between church and state.
A)George Washington
B)James Madison
C)Benjamin Franklin
D)Thomas Jefferson
A)George Washington
B)James Madison
C)Benjamin Franklin
D)Thomas Jefferson
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25
The Supreme Court case Burwell v.Hobby Lobby Stores addressed the
A)Affordable Care Act's requirement that employers provide their female employees with free contraceptive coverage, stating it violated their religious expression as protected by the Religious Freedom Restoration Act.
B)Affordable Care Act's requirement that individuals show proof of health insurance coverage or face a tax penalty from the federal government.
C)issue of whether a religious group at the University of Virginia could be denied student activities funds merely because it espouses a particular viewpoint about a deity.
D)question of whether a company can refuse to hire a Muslim woman who might wear a head scarf in violation of the company's dress code.
A)Affordable Care Act's requirement that employers provide their female employees with free contraceptive coverage, stating it violated their religious expression as protected by the Religious Freedom Restoration Act.
B)Affordable Care Act's requirement that individuals show proof of health insurance coverage or face a tax penalty from the federal government.
C)issue of whether a religious group at the University of Virginia could be denied student activities funds merely because it espouses a particular viewpoint about a deity.
D)question of whether a company can refuse to hire a Muslim woman who might wear a head scarf in violation of the company's dress code.
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26
The ________ clause of the First Amendment protects an individual's right to believe and practice whatever religion he or she chooses.
A)establishment
B)free association
C)free exercise
D)religious freedom restoration
A)establishment
B)free association
C)free exercise
D)religious freedom restoration
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27
The 1940 case of Cantwell v.Connecticut was significant because it established that
A)Americans are free to adhere to any religious beliefs, but the time, place, and manner of their exercise are subject to regulation in the public interest.
B)a display of the Ten Commandments outside the Connecticut State Capitol did violate the Constitution.
C)a display of the Ten Commandments outside the Connecticut State Capitol did not violate the Constitution.
D)Americans are free to adhere to any religious beliefs, and the government cannot regulate the time, place, and manner of their exercise.
A)Americans are free to adhere to any religious beliefs, but the time, place, and manner of their exercise are subject to regulation in the public interest.
B)a display of the Ten Commandments outside the Connecticut State Capitol did violate the Constitution.
C)a display of the Ten Commandments outside the Connecticut State Capitol did not violate the Constitution.
D)Americans are free to adhere to any religious beliefs, and the government cannot regulate the time, place, and manner of their exercise.
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28
What was the result of the 2004 case that argued that the phrase under God in the Pledge of Allegiance violated the First Amendment?
A)The Supreme Court ruled that the phrase violated the establishment clause.
B)The Supreme Court ruled that the phrase was protected by the free exercise clause.
C)The Supreme Court ruled that the phrase was not protected by the free exercise clause.
D)The Supreme Court did not rule on the issue; it dismissed the case on a technicality.
A)The Supreme Court ruled that the phrase violated the establishment clause.
B)The Supreme Court ruled that the phrase was protected by the free exercise clause.
C)The Supreme Court ruled that the phrase was not protected by the free exercise clause.
D)The Supreme Court did not rule on the issue; it dismissed the case on a technicality.
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29
Conflicts over whether public schools should be allowed to assign readings from the Bible and lead nondenominational prayers are examples of disagreements over the
A)meaning of selective incorporation.
B)meaning of the establishment clause.
C)applicability of prior restraint.
D)meaning of eminent domain.
A)meaning of selective incorporation.
B)meaning of the establishment clause.
C)applicability of prior restraint.
D)meaning of eminent domain.
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30
The Eighth Amendment's protection from cruel and unusual punishment was incorporated as a result of
A)the ratification of the Twenty-Seventh Amendment.
B)a 1964 Supreme Court decision about Illinois police officers' denial of a suspect's request to see his lawyer during interrogation.
C)a 1962 Supreme Court decision about California's 90-day sentence for people found guilty of "addiction to the use of narcotics."
D)a 1969 Supreme Court decision about an individual tried twice in the state of Maryland for the same crime of larceny.
A)the ratification of the Twenty-Seventh Amendment.
B)a 1964 Supreme Court decision about Illinois police officers' denial of a suspect's request to see his lawyer during interrogation.
C)a 1962 Supreme Court decision about California's 90-day sentence for people found guilty of "addiction to the use of narcotics."
D)a 1969 Supreme Court decision about an individual tried twice in the state of Maryland for the same crime of larceny.
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31
The words under God were added to the Pledge of Allegiance
A)in the midst of the Cold War, as a response to the "godless communism" of the Soviet Union.
B)during the Civil War, to tie the Union's war effort to religion.
C)in 1823, during a religious revival called the Second Great Awakening.
D)as a result of campaign promises made by the Republican Party during the election of 1980.
A)in the midst of the Cold War, as a response to the "godless communism" of the Soviet Union.
B)during the Civil War, to tie the Union's war effort to religion.
C)in 1823, during a religious revival called the Second Great Awakening.
D)as a result of campaign promises made by the Republican Party during the election of 1980.
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32
In E.E.O.C.v.Abercrombie & Fitch Stores (2015), the Supreme Court ruled that
A)the Ten Commandments cannot be displayed at a privately owned retail store.
B)Title VII of the U.S.Code prevents retail stores from refusing to hire Muslim women who wear head scarves in violation of company dress policies.
C)Title VII of the U.S.Code allows retail stores to refuse hiring Muslim women who wear head scarves in violation of company dress policies.
D)Native Americans cannot be fired from their jobs at privately owned companies for smoking peyote during religious ceremonies.
A)the Ten Commandments cannot be displayed at a privately owned retail store.
B)Title VII of the U.S.Code prevents retail stores from refusing to hire Muslim women who wear head scarves in violation of company dress policies.
C)Title VII of the U.S.Code allows retail stores to refuse hiring Muslim women who wear head scarves in violation of company dress policies.
D)Native Americans cannot be fired from their jobs at privately owned companies for smoking peyote during religious ceremonies.
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33
An Arkansas prison policy prohibiting beards was struck down as a violation of a Muslim man's ability to freely exercise his religion in the case of
A)Cantwell v.Connecticut.
B)Holt v.Hobbs.
C)Van Orden v.Perry.
D)McCreary County v.American Civil Liberties Union of Kentucky.
A)Cantwell v.Connecticut.
B)Holt v.Hobbs.
C)Van Orden v.Perry.
D)McCreary County v.American Civil Liberties Union of Kentucky.
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34
In Lemon v.Kurtzman (1971), the Supreme Court ruled that government support of religion is
A)permissible only if it is secular in purpose, neither promotes nor inhibits religion, and does not lead to excessive entanglement with religion.
B)permissible only if it promotes religious organizations that have a large number of members.
C)permissible only if it promotes religious organizations that have a small number of members.
D)never permissible.
A)permissible only if it is secular in purpose, neither promotes nor inhibits religion, and does not lead to excessive entanglement with religion.
B)permissible only if it promotes religious organizations that have a large number of members.
C)permissible only if it promotes religious organizations that have a small number of members.
D)never permissible.
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35
Which of the following best describes the Supreme Court's first ruling on the nationalization of the Bill of Rights in 1833?
A)The takings clause restricts national and state governments but not local governments.
B)The Bill of Rights should not be used if a state's constitution already contains its own bill of rights.
C)The takings clause does not cover accidents caused by government officials.
D)The Bill of Rights limits the national government but not state governments.
A)The takings clause restricts national and state governments but not local governments.
B)The Bill of Rights should not be used if a state's constitution already contains its own bill of rights.
C)The takings clause does not cover accidents caused by government officials.
D)The Bill of Rights limits the national government but not state governments.
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36
The Lemon test involves what part of the Constitution?
A)free speech
B)the establishment clause
C)due process
D)the free exercise clause
A)free speech
B)the establishment clause
C)due process
D)the free exercise clause
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37
West Virginia State Board of Education v.Barnette (1943) was significant because it
A)endorsed the free exercise of religion even when it was offensive to the beliefs of the majority.
B)allowed the use of tax-supported vouchers for religious schools.
C)established a constitutional right to privacy.
D)banned prayers in public schools.
A)endorsed the free exercise of religion even when it was offensive to the beliefs of the majority.
B)allowed the use of tax-supported vouchers for religious schools.
C)established a constitutional right to privacy.
D)banned prayers in public schools.
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38
In West Virginia State Board of Education v.Barnette (1943), the Supreme Court ruled that
A)Amish children are not required to attend school past the age of 12.
B)children cannot be required to salute the flag if it violates their religious faith.
C)school officials are permitted greater authority to censor speech and expression than would be permissible off school grounds.
D)prayer in school violates the establishment clause.
A)Amish children are not required to attend school past the age of 12.
B)children cannot be required to salute the flag if it violates their religious faith.
C)school officials are permitted greater authority to censor speech and expression than would be permissible off school grounds.
D)prayer in school violates the establishment clause.
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39
The 1993 Religious Freedom Restoration Act
A)allowed state governments to require Bible reading, nondenominational prayer, and moments of silence for meditation in elementary and secondary school systems.
B)required the government to prove a "compelling interest" before forcing individuals to obey a law that violates their religious beliefs.
C)removed the phrase under God from the pledge of allegiance.
D)granted tax-exempt status for all religiously affiliated churches, hospitals, and universities.
A)allowed state governments to require Bible reading, nondenominational prayer, and moments of silence for meditation in elementary and secondary school systems.
B)required the government to prove a "compelling interest" before forcing individuals to obey a law that violates their religious beliefs.
C)removed the phrase under God from the pledge of allegiance.
D)granted tax-exempt status for all religiously affiliated churches, hospitals, and universities.
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40
Which of the following statements about selective incorporation is MOST accurate?
A)By 1865, all of the provisions of the Bill of Rights had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.
B)By 1961, all of the provisions of the Bill of Rights had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.
C)Until 1961, only the First Amendment and one clause of the Fifth Amendment had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.
D)Until 1994, only the First Amendment and one clause of the Fifth Amendment had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.
A)By 1865, all of the provisions of the Bill of Rights had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.
B)By 1961, all of the provisions of the Bill of Rights had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.
C)Until 1961, only the First Amendment and one clause of the Fifth Amendment had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.
D)Until 1994, only the First Amendment and one clause of the Fifth Amendment had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.
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41
Which of the following would meet the standard of being "content neutral" as defined by the Supreme Court?
A)a municipal ordinance that bans cross burning
B)a municipal ordinance that bans flying a Confederate flag
C)a municipal ordinance that bans the posting of all commercial signs on public property
D)a municipal ordinance that bans the use of racial or ethnic slurs
A)a municipal ordinance that bans cross burning
B)a municipal ordinance that bans flying a Confederate flag
C)a municipal ordinance that bans the posting of all commercial signs on public property
D)a municipal ordinance that bans the use of racial or ethnic slurs
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42
The Alien and Sedition Acts were laws
A)passed in the 1790s that made it a crime to say or publish anything that would defame the government of the United States.
B)that made it a crime for foreign immigrants to belong to the Communist Party or other anti-American organizations.
C)passed during the Civil War denying Confederate sympathizers the right to free speech.
D)passed by Congress in 1921 that restricted immigration to the United States.
A)passed in the 1790s that made it a crime to say or publish anything that would defame the government of the United States.
B)that made it a crime for foreign immigrants to belong to the Communist Party or other anti-American organizations.
C)passed during the Civil War denying Confederate sympathizers the right to free speech.
D)passed by Congress in 1921 that restricted immigration to the United States.
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43
The Supreme Court ruled that the Communications Decency Act was unconstitutional because the act
A)attempted to impose prior restraint on newspapers.
B)violated the First Amendment's right to freedom of assembly.
C)granted too much authority to the executive branch and therefore violated the separation of powers.
D)attempted to protect children by suppressing speech that adults have a constitutional right to receive.
A)attempted to impose prior restraint on newspapers.
B)violated the First Amendment's right to freedom of assembly.
C)granted too much authority to the executive branch and therefore violated the separation of powers.
D)attempted to protect children by suppressing speech that adults have a constitutional right to receive.
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44
In Snyder v.Phelps (2011), the Supreme Court ruled that
A)religious organizations cannot lose their tax-exempt status under federal law simply because they organized a protest event at the funeral service of a soldier.
B)religious organizations must lose their tax-exempt status under federal law if they organize protest events at funeral services.
C)protests during funeral services for military personnel can be prohibited by state governments even if held in a public place.
D)the First Amendment protects free speech in a public place against emotional distress lawsuits.
A)religious organizations cannot lose their tax-exempt status under federal law simply because they organized a protest event at the funeral service of a soldier.
B)religious organizations must lose their tax-exempt status under federal law if they organize protest events at funeral services.
C)protests during funeral services for military personnel can be prohibited by state governments even if held in a public place.
D)the First Amendment protects free speech in a public place against emotional distress lawsuits.
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45
Which government agency is placed in charge of prohibiting false and misleading advertising?
A)the Federal Bureau of Investigation
B)the Federal Trade Commission
C)the Federal Communications Commission
D)the Department of Justice
A)the Federal Bureau of Investigation
B)the Federal Trade Commission
C)the Federal Communications Commission
D)the Department of Justice
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46
The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate speech is called
A)libel.
B)prior restraint.
C)strict scrutiny.
D)speech plus.
A)libel.
B)prior restraint.
C)strict scrutiny.
D)speech plus.
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47
In McConnell v.Federal Election Commission (2003), the Supreme Court ruled that Congress could
A)place limits on campaign spending and on "issue advertising."
B)place limits on campaign spending but not on "issue advertising."
C)place limits on "issue advertising" but not on campaign spending.
D)not place limits on either campaign spending or "issue advertising."
A)place limits on campaign spending and on "issue advertising."
B)place limits on campaign spending but not on "issue advertising."
C)place limits on "issue advertising" but not on campaign spending.
D)not place limits on either campaign spending or "issue advertising."
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48
According to the Supreme Court, which of the following is true about high school students in public schools?
A)High school students have the same free speech rights as adults.
B)The justices have always provided a broad protection of free speech rights for high school students.
C)High school students have conditionally protected speech.
D)High school students have no free speech rights whatsoever.
A)High school students have the same free speech rights as adults.
B)The justices have always provided a broad protection of free speech rights for high school students.
C)High school students have conditionally protected speech.
D)High school students have no free speech rights whatsoever.
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49
In Federal Election Commission v.Wisconsin Right to Life (2007), the Supreme Court ruled that
A)"issue advertising" could be prohibited within 30 days of a primary election and 60 days of a general election.
B)"issue advertising" was protected speech and could not be prohibited as long as it focused mainly on issues.
C)limits on campaign contributions are unconstitutional violations of the First Amendment.
D)political action committees cannot be formally affiliated with more than one candidate for a federal office.
A)"issue advertising" could be prohibited within 30 days of a primary election and 60 days of a general election.
B)"issue advertising" was protected speech and could not be prohibited as long as it focused mainly on issues.
C)limits on campaign contributions are unconstitutional violations of the First Amendment.
D)political action committees cannot be formally affiliated with more than one candidate for a federal office.
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50
The first test for determining when the government may intervene to suppress political speech was called the ________ test.
A)speech plus
B)clear and present danger
C)strict scrutiny
D)Lemon
A)speech plus
B)clear and present danger
C)strict scrutiny
D)Lemon
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51
In Buckley v.Valeo (1976), the Supreme Court ruled that
A)spending by or on behalf of a candidate for office is protected speech.
B)libel is protected by the First Amendment, as long as the person libeled is a public figure.
C)burning draft cards is a form of protected symbolic speech, but only if it is done in public.
D)the Espionage Act of 1917 was unconstitutional.
A)spending by or on behalf of a candidate for office is protected speech.
B)libel is protected by the First Amendment, as long as the person libeled is a public figure.
C)burning draft cards is a form of protected symbolic speech, but only if it is done in public.
D)the Espionage Act of 1917 was unconstitutional.
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52
What was Justice Potter Stewart talking about when he declared "I know it when I see it."
A)free speech
B)slander
C)pornography
D)sedition
A)free speech
B)slander
C)pornography
D)sedition
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53
Freedom of speech and of the press have a special place in the American system because
A)free and open debate is an essential mechanism for determining the quality and validity of competing ideas.
B)they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment.
C)they have never been restricted in the history of the United States.
D)they were the only liberties explicitly mentioned in Article I of the Constitution.
A)free and open debate is an essential mechanism for determining the quality and validity of competing ideas.
B)they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment.
C)they have never been restricted in the history of the United States.
D)they were the only liberties explicitly mentioned in Article I of the Constitution.
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54
The Department of Education's Office of Civil Rights (OCR) has interpreted Title IX of the Higher Education Act to mean that
A)all colleges and universities must protect a student's right to carry a concealed firearm on campus.
B)"speech codes" that punish students for their speech are illegal.
C)policies that give preferential treatment in admissions to members of historically underrepresented groups are illegal.
D)all colleges and universities must vigorously prosecute charges involving racial or sexual harassment.
A)all colleges and universities must protect a student's right to carry a concealed firearm on campus.
B)"speech codes" that punish students for their speech are illegal.
C)policies that give preferential treatment in admissions to members of historically underrepresented groups are illegal.
D)all colleges and universities must vigorously prosecute charges involving racial or sexual harassment.
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55
The Supreme Court has
A)not yet ruled on the question of what constitutes a "hostile working environment."
B)held that a "hostile working environment" can only occur when the number of men in a workplace is greater than the number of women.
C)held that a "hostile working environment" results exclusively from "unwelcome physical conduct" and not from "verbal or spoken" conduct.
D)held that a "hostile working environment" results from "sexual harassment," including "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature."
A)not yet ruled on the question of what constitutes a "hostile working environment."
B)held that a "hostile working environment" can only occur when the number of men in a workplace is greater than the number of women.
C)held that a "hostile working environment" results exclusively from "unwelcome physical conduct" and not from "verbal or spoken" conduct.
D)held that a "hostile working environment" results from "sexual harassment," including "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature."
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56
The rights to assembly and petition are guaranteed by the same amendment that guarantees
A)free speech.
B)due process.
C)privacy.
D)the right to bear arms.
A)free speech.
B)due process.
C)privacy.
D)the right to bear arms.
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57
The Supreme Court held that there is no substantial public interest in permitting lewd, obscene, profane, libelous, or insulting utterances in
A)Dennis v.United States.
B)R.A.V.v.City of St.Paul.
C)Morse v.Frederick.
D)Buckley v.Valeo.
A)Dennis v.United States.
B)R.A.V.v.City of St.Paul.
C)Morse v.Frederick.
D)Buckley v.Valeo.
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58
The Supreme Court ruled that the First Amendment did not require schools to permit students to advocate illegal drug use in the case of
A)Dennis v.United States (1951).
B)R.A.V.v.City of St.Paul (1992).
C)Morse v.Frederick (2007).
D)Buckley v.Valeo (1976).
A)Dennis v.United States (1951).
B)R.A.V.v.City of St.Paul (1992).
C)Morse v.Frederick (2007).
D)Buckley v.Valeo (1976).
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59
In the 1969 case of Brandenburg v.Ohio, the Supreme Court ruled that
A)the First Amendment provides no protection for "fighting words" because such words "are no essential part of any exposition of ideas."
B)the Alien and Sedition Acts, which made it a crime to say or publish anything that might defame the government, were an unconstitutional violation of the First Amendment.
C)as long as speech falls short of actually inciting action, it cannot be prohibited, even if it is hostile to or subversive of the government and its policies.
D)the First Amendment does not require schools to permit students to advocate illegal drug use.
A)the First Amendment provides no protection for "fighting words" because such words "are no essential part of any exposition of ideas."
B)the Alien and Sedition Acts, which made it a crime to say or publish anything that might defame the government, were an unconstitutional violation of the First Amendment.
C)as long as speech falls short of actually inciting action, it cannot be prohibited, even if it is hostile to or subversive of the government and its policies.
D)the First Amendment does not require schools to permit students to advocate illegal drug use.
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60
Among other things, the Bipartisan Campaign Reform Act
A)outlawed candidates and political parties from broadcasting any election-related advertisements within 60 days of a primary election.
B)eliminated all public financing previously available to candidates running for federal office.
C)provided public financing to all candidates running for federal office.
D)placed a ban on corporate funding of independent political broadcasts aimed at electing or defeating particular candidates.
A)outlawed candidates and political parties from broadcasting any election-related advertisements within 60 days of a primary election.
B)eliminated all public financing previously available to candidates running for federal office.
C)provided public financing to all candidates running for federal office.
D)placed a ban on corporate funding of independent political broadcasts aimed at electing or defeating particular candidates.
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61
Which of the following forms of speech receives the greatest level of First Amendment protection?
A)slander
B)obscenity
C)libel
D)political speech that stops short of inciting violence
A)slander
B)obscenity
C)libel
D)political speech that stops short of inciting violence
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62
New York Times v.Sullivan (1964) was significant because the justices ruled that
A)a newspaper had to print false and malicious material deliberately in order to be guilty of libel.
B)newspapers could be guilty of libel if they published any information that was ultimately proven to be inaccurate.
C)the government could prevent the publication of newspapers and magazines only under the most extraordinary circumstances.
D)"shield laws" were unconstitutional.
A)a newspaper had to print false and malicious material deliberately in order to be guilty of libel.
B)newspapers could be guilty of libel if they published any information that was ultimately proven to be inaccurate.
C)the government could prevent the publication of newspapers and magazines only under the most extraordinary circumstances.
D)"shield laws" were unconstitutional.
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63
Which of the following best reflects the Supreme Court's position on commercial speech?
A)Commercial speech receives no First Amendment protection.
B)Advertisements do not have full First Amendment protection.
C)Advertisements receive as much First Amendment protection as anything else that is published in a newspaper.
D)Commercial speech regulations depend on the commerce clause, not the Bill of Rights.
A)Commercial speech receives no First Amendment protection.
B)Advertisements do not have full First Amendment protection.
C)Advertisements receive as much First Amendment protection as anything else that is published in a newspaper.
D)Commercial speech regulations depend on the commerce clause, not the Bill of Rights.
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64
Which statement about "fighting words" is MOST accurate?
A)"Fighting words" have been considered protected speech throughout American history, and the Supreme Court has always reversed convictions based on arguments that the speaker used "fighting words."
B)Since the 1950s, the Supreme Court has been inconsistent in its rulings on "fighting words" cases and chosen to overturn convictions only when they involve "hate speech."
C)Since the 1950s, the Supreme Court has reversed almost every conviction based on arguments that the speaker used "fighting words."
D)Since the 1950s, the Supreme Court has never reversed a conviction based on arguments that the speaker used "fighting words."
A)"Fighting words" have been considered protected speech throughout American history, and the Supreme Court has always reversed convictions based on arguments that the speaker used "fighting words."
B)Since the 1950s, the Supreme Court has been inconsistent in its rulings on "fighting words" cases and chosen to overturn convictions only when they involve "hate speech."
C)Since the 1950s, the Supreme Court has reversed almost every conviction based on arguments that the speaker used "fighting words."
D)Since the 1950s, the Supreme Court has never reversed a conviction based on arguments that the speaker used "fighting words."
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65
Members of Congress have frequently proposed a constitutional amendment to make flag burning a crime because
A)state laws that make flag burning a crime are too lenient.
B)state laws that make flag burning a crime are too harsh.
C)the only way to overturn the Supreme Court's ruling that flag burning is protected speech is through a constitutional amendment.
D)the Supreme Court has already ruled that flag burning is a crime.
A)state laws that make flag burning a crime are too lenient.
B)state laws that make flag burning a crime are too harsh.
C)the only way to overturn the Supreme Court's ruling that flag burning is protected speech is through a constitutional amendment.
D)the Supreme Court has already ruled that flag burning is a crime.
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66
The fact that several wealthy donors contributed more than $10 million to presidential candidates in 2016 was the result of a
A)2014 Supreme Court decision striking down aggregate limits on campaign donations.
B)2015 law passed by Congress to eliminate aggregate limits on campaign donations.
C)2016 executive order to eliminate aggregate limits on campaign donations.
D)2013 law passed by Congress that ended enforcement of campaign finance law by defunding the Federal Election Commission.
A)2014 Supreme Court decision striking down aggregate limits on campaign donations.
B)2015 law passed by Congress to eliminate aggregate limits on campaign donations.
C)2016 executive order to eliminate aggregate limits on campaign donations.
D)2013 law passed by Congress that ended enforcement of campaign finance law by defunding the Federal Election Commission.
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67
Which of the following statements about flag burning is MOST accurate?
A)Flag burning is illegal in every state and is a crime under federal law.
B)Flag burning is a federal crime but is legal in 35 states.
C)Flag burning is illegal in 35 states but is not a federal crime.
D)Since 1995, the House of Representatives has seven times passed a resolution for a constitutional amendment to ban flag burning, but each time, the Senate has failed to go along.
A)Flag burning is illegal in every state and is a crime under federal law.
B)Flag burning is a federal crime but is legal in 35 states.
C)Flag burning is illegal in 35 states but is not a federal crime.
D)Since 1995, the House of Representatives has seven times passed a resolution for a constitutional amendment to ban flag burning, but each time, the Senate has failed to go along.
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68
Which Supreme Court case was related to the publication of the so-called Pentagon Papers?
A)New York Times v.United States
B)New York Times v.Sullivan
C)Near v.Minnesota
D)Branzburg v.Hayes
A)New York Times v.United States
B)New York Times v.Sullivan
C)Near v.Minnesota
D)Branzburg v.Hayes
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69
The main difference between libel and slander is that libel refers to
A)statements that are true, while slander refers to statements made with a "reckless disregard of the truth."
B)statements made with a "reckless disregard of the truth," while slander refers to statements that are true.
C)written statements, while slander refers to oral statements.
D)statements that attack the reputation of public figures, while slander refers to statements that attack the reputation of private individuals.
A)statements that are true, while slander refers to statements made with a "reckless disregard of the truth."
B)statements made with a "reckless disregard of the truth," while slander refers to statements that are true.
C)written statements, while slander refers to oral statements.
D)statements that attack the reputation of public figures, while slander refers to statements that attack the reputation of private individuals.
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70
Which statement about the Supreme Court's rulings on state-level prohibitions on tobacco advertising is MOST accurate?
A)The Court has ruled that state-level prohibitions on tobacco advertising are legal under all circumstances.
B)The Court has ruled that state-level prohibitions on tobacco advertising are only legal if they are accompanied by similar bans on alcohol advertising.
C)The Court has ruled that state-level prohibitions on tobacco advertising violate the First Amendment right of the tobacco industry to advertise its products to adult consumers.
D)The Court has never ruled on the constitutionality of state-level prohibitions on tobacco advertising.
A)The Court has ruled that state-level prohibitions on tobacco advertising are legal under all circumstances.
B)The Court has ruled that state-level prohibitions on tobacco advertising are only legal if they are accompanied by similar bans on alcohol advertising.
C)The Court has ruled that state-level prohibitions on tobacco advertising violate the First Amendment right of the tobacco industry to advertise its products to adult consumers.
D)The Court has never ruled on the constitutionality of state-level prohibitions on tobacco advertising.
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71
Near v.Minnesota (1931) established the principle that
A)the government could block publication of newspapers during a time of crisis such as the Cold War.
B)only under the most extraordinary circumstances could the government prevent the publication of newspapers and magazines.
C)news articles that were not truthful received no First Amendment protection.
D)the news media could not publish obscene material.
A)the government could block publication of newspapers during a time of crisis such as the Cold War.
B)only under the most extraordinary circumstances could the government prevent the publication of newspapers and magazines.
C)news articles that were not truthful received no First Amendment protection.
D)the news media could not publish obscene material.
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72
If the government stopped the New York Times from releasing the transcripts of cell phone conversations between world leaders, it would be called
A)sedition.
B)speech plus.
C)prior restraint.
D)clear and present danger.
A)sedition.
B)speech plus.
C)prior restraint.
D)clear and present danger.
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73
In which 1939 case did the Supreme Court declare that the government may not prohibit speech-related activities such as demonstrations or leafleting in public areas traditionally used for that purpose?
A)Hague v.Committee for Industrial Organization
B)Bigelow v.Virginia
C)City Council v.Taxpayers for Vincent
D)Hazelwood School District v.Kuhlmeier
A)Hague v.Committee for Industrial Organization
B)Bigelow v.Virginia
C)City Council v.Taxpayers for Vincent
D)Hazelwood School District v.Kuhlmeier
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74
Edward Snowden was a(n)
A)employee of the National Security Agency (NSA) who fled the country to escape arrest after revealing the details of NSA domestic spying operations.
B)army intelligence analyst sent to prison for providing classified documents to WikiLeaks.
C)opponent of the Vietnam War who had obtained the so-called Pentagon Papers illegally and leaked them to the New York Times.
D)senior at Juneau-Douglas High that unfurled a banner reading "BONG HITS 4 JESUS" at the 2002 Olympic torch relay.
A)employee of the National Security Agency (NSA) who fled the country to escape arrest after revealing the details of NSA domestic spying operations.
B)army intelligence analyst sent to prison for providing classified documents to WikiLeaks.
C)opponent of the Vietnam War who had obtained the so-called Pentagon Papers illegally and leaked them to the New York Times.
D)senior at Juneau-Douglas High that unfurled a banner reading "BONG HITS 4 JESUS" at the 2002 Olympic torch relay.
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75
Which of the following is the best example of the concept "speech plus"?
A)writing a letter to the editor of a newspaper
B)distributing leaflets while chanting slogans at a protest demonstration
C)reading a poem out loud in the middle of a public park
D)posting a comment to a social media website
A)writing a letter to the editor of a newspaper
B)distributing leaflets while chanting slogans at a protest demonstration
C)reading a poem out loud in the middle of a public park
D)posting a comment to a social media website
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76
Citizens United v.Federal Election Commission (2010) was significant because the Supreme Court concluded that the Constitution
A)prohibits the government from limiting campaign spending in any way.
B)allows the government to prevent certain candidates from running campaign advertisements.
C)allows the government to ban political speech that is funded by corporations.
D)prohibits the government from regulating political speech that is funded by corporations.
A)prohibits the government from limiting campaign spending in any way.
B)allows the government to prevent certain candidates from running campaign advertisements.
C)allows the government to ban political speech that is funded by corporations.
D)prohibits the government from regulating political speech that is funded by corporations.
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77
The Supreme Court's decision in R.A.V.v.City of St.Paul (1992) suggests that
A)political speech receives more protection under the Constitution than commercial speech.
B)commercial speech receives more protection under the Constitution than political speech.
C)hate speech is not protected by the Constitution.
D)virtually all "hate speech" is constitutionally protected.
A)political speech receives more protection under the Constitution than commercial speech.
B)commercial speech receives more protection under the Constitution than political speech.
C)hate speech is not protected by the Constitution.
D)virtually all "hate speech" is constitutionally protected.
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78
The Supreme Court case of New York Times v.United States (1971) was related to which First Amendment concept?
A)speech plus
B)prior restraint
C)fighting words
D)hate speech
A)speech plus
B)prior restraint
C)fighting words
D)hate speech
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79
Which of the following statements about whether journalists can be compelled to reveal their sources of information is NOT accurate?
A)Journalists frequently assert that if they cannot ensure their sources' confidentiality, the flow of information will be reduced and press freedom effectively curtailed.
B)The federal government enacted a "shield law" in 1992 that allows reporters to withhold information about their sources on matters of national security.
C)More than 30 states have "shield laws," which, to varying degrees, protect journalistic sources.
D)The Supreme Court has held that the press has no constitutional right to withhold information in court.
A)Journalists frequently assert that if they cannot ensure their sources' confidentiality, the flow of information will be reduced and press freedom effectively curtailed.
B)The federal government enacted a "shield law" in 1992 that allows reporters to withhold information about their sources on matters of national security.
C)More than 30 states have "shield laws," which, to varying degrees, protect journalistic sources.
D)The Supreme Court has held that the press has no constitutional right to withhold information in court.
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80
The Supreme Court has not given full protection to fighting words because
A)such words are not part of the essential exposition of ideas.
B)they are a form of sedition.
C)they are a form of obscenity.
D)they are necessarily slanderous.
A)such words are not part of the essential exposition of ideas.
B)they are a form of sedition.
C)they are a form of obscenity.
D)they are necessarily slanderous.
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