Deck 4: Civil Liberties

Question 1

Which branch of government did the framers of the Constitution seek to restrict in power with the Bill of Rights?

A) national government
B) state government
C) local government
D) national and state government
E) national, state, and local government

Answer 1

A

Question 2

________ established the bad tendency test, which made it easier to punish citizens for speech content.

A) Gitlow v. New York
B) United States v. Lopez
C) Schenck v. United States
D) Lochner v. Ellison
E) Marbury v. Madison

Answer 2

A

Question 3

Which of the following forms of opinion-based communication is/are protected by the Constitution?

A) political participation
B) blogs and email
C) rallies and speeches
D) letters and pamphlets
E) blogs and email, letters and pamphlets, and rallies and speeches

Answer 3

E

Question 4

Which legal case established the clear and present danger test in relation to free speech?

A) Gitlow v. New York
B) United States v. Lopez
C) Schenck v. United States
D) Lochner v. Ellison
E) Marbury v. Madison

Question 5

False written statements that harm the reputation of another person are known as

A) obscenity.
B) slander.
C) libel.
D) fighting words.
E) slander and fighting words.

Question 6

Which of the following Bill of Rights protections has/have NOT been extended to the state level?

A) prohibition of quartering of soldiers in citizens' homes
B) a provision for a grand jury indictment in criminal cases
C) provision of a jury in a civil trial
D) freedom of worship
E) prohibition of quartering of soldiers in citizens' homes, right to a grand jury indictment in criminal cases, and right to a jury in a civil trial

Question 7

A legal safeguard that prevents the government from arbitrarily depriving citizens of life, liberty, or property is a

A) First Amendment right.
B) habeas corpus.
C) bill of rights.
D) Fifth Amendment right
E) due process protection.

Question 8

Which legal case concerned the burning of the American flag and led to a series of legal challenges?

A) Dennis v. United States
B) Gitlow v. New York
C) Texas v. Johnson
D) Brandenburg v. Ohio
E) Tinker v. Des Moines

Question 9

Which of the following pairs of terms are considered interchangeable?

A) interstate compacts and extraditions
B) enumerated powers and implied powers
C) civil rights and civil liberties
D) liberties and freedoms
E) horizontal federalism and conflicted federalism

Question 10

During the Civil War, which legal right did President Abraham Lincoln suspend as a means of silencing political dissidents?

A) access to legal counsel
B) the writ of habeas corpus
C) access to early release and parole
D) foreign residency status
E) the right of assembly

Question 11

Which concept argues that true and free political discourse requires a forum for free and unrestrained political discussion?

A) confederalism
B) divine right theory
C) marketplace of ideas
D) horizontal federalism
E) intergovernmental relations

Question 12

The conflict between the Constitution's competing goals of protecting freedom and ensuring order is most evident in which of the following?

A) Alien and Sedition Acts
B) habeas corpus
C) Griswold v. Connecticut
D) double jeopardy
E) total incorporation

Question 13

The Supreme Court has selectively incorporated some of the Bill of Rights and applied them to state action through the

A) Fifth Amendment.
B) Second Amendment.
C) First Amendment.
D) Fourteenth Amendment.
E) Thirteenth Amendment.

Question 14

Which of the following protects an individual from being held in custody without the right to be heard in a court of law?

A) right to privacy
B) First Amendment right
C) rendition
D) habeas corpus
E) double jeopardy

Question 15

Which 1969 legal case marked a reversal of the Supreme Court's traditional position and also saw the establishment of the imminent lawless action test?

A) Dennis v. United States
B) Gitlow v. New York
C) Schenck v. United States
D) United States v. Lopez
E) Brandenburg v. Ohio

Question 16

Which means of political expression is guaranteed under the Constitution?

A) speech
B) assembly
C) petition
D) the press
E) All these answers are correct.

Question 17

Picketing, flag burning, or wearing an armband are all examples of

A) pure speech.
B) symbolic speech.
C) commercial speech.
D) unprotected speech.
E) political speech.

Question 18

Which piece of legislation barred individuals from advocating or teaching the overthrow of the United States?

A) Alien and Sedition Acts
B) Morrell Act
C) Smith Act
D) Patriot Act
E) Foreign Intelligence Surveillance Act

Question 19

The freedoms contained in the Bill of Rights are

A) incontrovertible.
B) broad principles.
C) easily interpreted.
D) specific rules.
E) prohibitive of specific governmental action.

Question 20

The first ________ amendments to the Constitution explicitly limited the power of legislative, executive, and judicial branches of the national government.

A) seven
B) nine
C) ten
D) twelve
E) fifteen

Question 21

Since the ________, the U.S. Supreme Court has expanded the situations in which there is no reasonable expectation of privacy and thus no need for a search warrant.

A) 1950s
B) 1960s
C) 1970s
D) 1980s
E) 1990s

Question 22

The Fifth Amendment establishes

A) freedom of speech.
B) freedom of assembly.
C) protection against search and seizure.
D) protection against compelled self-incrimination.
E) the right to counsel.

Question 23

All of these groups tend to be involved in cases that involve the free exercise clause EXCEPT

A) Mormons.
B) Jehovah's Witnesses.
C) the Roman Catholic Church.
D) the Amish.
E) Christian Scientists.

Question 24

What did the Supreme Court rule in United States v. Jones in regards to the warrantless placement of a GPS tracing device in a suspect's car?

A) It is a violation of the Fourth Amendment.
B) It is permissible under the Fourth Amendment.
C) It is a violation of the Fifth Amendment.
D) It is permissible under the Fifth Amendment.
E) It is not a violation of the Fourth or Fifth Amendments because the suspect has no reasonable expectation of privacy.

Question 25

After the ruling on Employment Division, Department of Human Resources v. Smith, members of which church were excluded from several states' controlled-substance laws?

A) Mormons
B) the Native American Church
C) Roman Catholic Church
D) the Amish
E) Christian Scientists

Question 26

What year saw the passage of Roe v. Wade, which first established abortion rights in the United States?

A) 1962
B) 1963
C) 1971
D) 1973
E) 1978

Question 27

Which case, decided in 1965, first firmly established the right to privacy?

A) Griswold v. Connecticut
B) Employment Division, Department of Human Resources v. Smith
C) Lemon v. Kurtzman
D) Loving v. Virginia
E) Engel v. Vitale

Question 28

What do the religion clauses of the First Amendment achieve?

A) bar the government from establishing a national religion
B) bar the government from favoring one religious group over another
C) ensure that individuals are not hindered in exercising their religion
D) bar the practicing of religion on public property
E) bar the government from establishing a national religion, from favoring one group over another, and from interfering with individual religious practices

Question 29

The recent development of online networking sites such as Facebook and YouTube has civil libertarians worried about the easy accessibility of people's ________ history.

A) financial
B) personal
C) employment
D) legal
E) financial, personal, employment, and legal

Question 30

Spoken words that are known to be false and harmful to a person's reputation are an example of

A) obscenity.
B) slander.
C) libel.
D) fighting words.
E) slander and fighting words.

Question 31

Which case saw the Supreme Court develop a three-part test to legally define obscenity, or indecent or offensive speech?

A) Chaplinsky v. New Hampshire
B) Dennis v. United States
C) Virginia v. Black
D) Miller v. California
E) United States v. O'Brien

Question 32

Which 1961 decision extended exclusionary rules of search and seizure to state court proceedings?

A) Griswold v. Connecticut
B) Engel v. Vitale
C) Employment Division, Department of Human Resources v. Smith
D) Mapp v. Ohio
E) Miranda v. Arizona

Question 33

In 1973 the Supreme Court developed a test by which a book, film, or other form of expression would be considered legally obscene. Which of the following was among the measures of that test?

A) The work depicts or describes, in a patently offensive way, a form of sexual conduct specifically prohibited by an antiobscenity law.
B) The average person, applying historical standards, finds specific aspects of the work appeal to the prurient interest.
C) The work has a verifiable history of having inspired additional works of an obscene nature or demands, in some manner, that obscenities be created.
D) The work's literary, artistic, political, or scientific value can be shown to be against the common good.
E) All these answers are correct.

Question 34

Which case saw the Supreme Court rule against the subsidization of parochial schools through cigarette taxes?

A) Virginia v. Black
B) United States v. O'Brien
C) Loving v. Virginia
D) Lemon v. Kurtzman
E) Griswold v. Connecticut

Question 35

Most Americans believe in ________ between religious organizations and the government.

A) complete separation
B) some degree of separation
C) minor connections
D) major connections
E) a permanent supportive relationship

Question 36

In which of the following places has the Court ruled that there is no expectation of privacy?

A) private homes
B) cars and one's trash
C) hotels
D) parks and stores
E) cars and one's trash, and parks and stores

Question 37

Which case saw the Supreme Court rule against formalized prayer in schools?

A) Virginia v. Black
B) Engel v. Vitale
C) Loving v. Virginia
D) Lemon v. Kurtzman
E) Griswold v. Connecticut

Question 38

The principle of prior restraint, established in the case of Near v. Minnesota, relates to

A) freedom of speech.
B) libel.
C) slander.
D) freedom of assembly.
E) censorship.

Question 39

Which four amendments are known together as criminal due process rights?

A) Fourth, Fifth, Sixth, Seventh
B) Third, Fourth, Fifth, Sixth
C) Fourth, Fifth, Sixth, Tenth
D) Fourth, Fifth, Sixth, Eighth
E) Sixth, Eighth, Tenth, and Fourteenth

Question 40

A city ordinance that prohibits the use of bullhorns after midnight in residential neighborhoods would be

A) an unconstitutional prohibition of the freedom of assembly.
B) constitutional as long as it did not apply to protest speech.
C) unconstitutional, unless it dealt specifically with fighting words.
D) constitutional as long as it was content neutral.
E) a matter of state and local law, not subject to the federal Constitution.

Question 41

Outline and explain key features of the three interpretations of the establishment clause.

Question 42

Which city's gun control laws were overturned in a 2008 5-2 Supreme Court decision that hinged on an interpretation of the Second Amendment?

A) New York, NY
B) Newark, NJ
C) Philadelphia, PA
D) Atlanta, GA
E) Washington, DC

Question 43

Explain and discuss the difference between civil liberties and civil rights.

Question 44

Discuss the creation of the clear and present danger test, and explain the government powers established under this standard.

Question 45

Since September 11, 2001, the federal government's powers of surveillance and observance have

A) grown significantly.
B) grown marginally.
C) stayed the same.
D) declined marginally.
E) declined significantly.

Question 46

Identify important features of the Fourth, Fifth, and Sixth Amendments.

Question 47

Miranda v. Arizona legally established which of the following personal liberties?

A) protection against cruel and unusual punishment
B) protection against harassment, persecution, and forced confessions
C) the right to counsel and information on charges against oneself
D) protection against unlawful detention or imprisonment without charge
E) protection against unlawful search and seizure

Question 48

Which of the following began in 2011 for the purpose of speaking out against economic inequality and the influence of unregulated financial actors in politics?

A) American Civil Liberties Union
B) Second Amendment Sisters
C) Occupy Movement
D) Million Mom March
E) Sustainable Preservation Initiative

Question 49

Identify and discuss the impact of time, place, and manner restrictions on freedom of assembly and political expression.

Question 50

Following September 11, 2001, the ________ has/have been accused by the media and civil liberties groups of spying on Americans without their knowledge or judicial authorization?

A) National Security Administration
B) Federal Bureau of Investigation
C) Central Intelligence Agency
D) Central Intelligence Agency and the Federal Bureau of Investigation
E) National Security Administration and the Federal Bureau of Investigation

Question 51

Which piece of legislation passed in 2007 legally empowers the NSA to wiretap any communications that begin or end in a foreign country?

A) Protect America Act
B) USA PATRIOT Act
C) FISA Amendment Act
D) Foreign Intelligence Surveillance Act
E) NSA Empowerment Act

Question 52

Identify the reasons why the Anti-Federalists argued for a separate, written bill of rights.

Question 53

In 1878 the Supreme Court upheld what type of capital punishment method in Utah?

A) lethal injection
B) hanging
C) electrocution
D) firing squad
E) lethal injection and electrocution

Question 54

Outline the course of public discussion on the balance between freedom and public safety since the September 11, 2001 terrorist attacks.

Question 55

Discuss the implications of Griswold v. Connecticut for the Court's interpretation of privacy rights.

Question 56

Compare and contrast the Court's interpretations and treatments of symbolic and commercial speech.

Question 57

Which 1972 legal case saw the Supreme Court suspend the use of the death penalty?

A) Miranda v. Arizona
B) Furman v. Georgia
C) Baze v. Rees
D) Miller v. California
E) Mapp v. Ohio

Question 58

The practice of transferring custody of suspected terrorists to other nations for imprisonment and interrogation is known as

A) extradition.
B) rendition.
C) extraction.
D) redaction.
E) omission.

Question 59

Which organization showed its criticism of the government's recent domestic surveillance program by filing a lawsuit challenging the constitutionality of the 2008 FISA Amendment Act, which increased the federal government's warrantless surveillance abilities?

A) Anti-Defamation League
B) American Civil Liberties Union
C) Amnesty International
D) Human Rights Watch
E) Citizens Against Warrantless Surveillance

Question 60

Define selective incorporation, and discuss its historical development.