Deck 4: Civil-Liberties

Question 1

Which of the following best describes prior restraint?

A) Refusing to read a suspect's Miranda rights.
B) Restraining activities in the process of occurring.
C) Restraining an activity after that activity has actually occurred.
D) Restraining an activity before that activity has actually occurred.
E) Detaining people before they appear before a judge.

Answer 1

D

Question 2

Advertising statements are known as

A) unprotected speech.
B) commercial speech.
C) symbolic speech.
D) profit-seeking speech.
E) public speech.

Answer 2

B

Question 3

The Supreme Court held that the Fourteenth Amendment protected freedom of speech from state infringement in the case.

A) Schenk v. United States
B) McCulloch v. Maryland
C) Gibbons v. Ogden
D) Gitlow v. New York
E) Marbury v. Madison

Answer 3

D

Question 4

Which of the following best defines symbolic speech?

A) Vaguely worded speech
B) Unprotected speech
C) Nonverbal expression
D) Obscenity
E) Hate speech

Question 5

Which of the following BEST defines civil liberties?

A) Civil liberties are not particularly important.
B) Civil liberties restrain the actions of government against individuals.
C) Civil liberties allow the government the liberty to do what it likes.
D) Civil liberties are values that libertarians do little to try to defend.
E) Civil liberties are guaranteed at the state level, but not the federal level.

Question 6

State funding to private or parochial schools has raised issues involving the of the Constitution.

A) First Amendment.
B) Second Amendment.
C) Third Amendment.
D) Fourth Amendment.
E) Fifth Amendment.

Question 7

Incorporation theory refers to

A) the view that the Bill of Rights applies to the states as well as the Federal Government.
B) when corporations are treated as people in terms of free speech in political campaigns.
C) what allows the government to practice eminent domain.
D) when state constitutions are used exclusively to define civil rights.
E) what destroyed the glass ceiling as it related to women in the 1970s.

Question 8

The free exercise clause guarantees

A) the free exercise of religion.
B) the free exercise of armed self-defense.
C) free speech, particularly as related to religious beliefs.
D) freedom to choose private education paid for by the state.
E) the free endorsement of candidates by religious groups.

Question 9

The New York Times v. United States case

A) affirmed the no-prior-restraint doctrine.
B) upheld the government's right to provide the public with information about Vietnam.
C) punished the New York Times for publishing secret documents.
D) affirmed the free speech of students in public schools.
E) ruled against the right of newspapers to protect their reporters' identities.

Question 10

According to the clear and present danger test, expression could be restricted if

A) it does not deal with a political question.
B) it is found to be offensive to religious organizations.
C) and only if the United States is at war.
D) the speaker is not a citizen of the United States.
E) evidence exists that such expression would cause a dangerous condition that Congress has the power to prevent.

Question 11

All of the following concerning the Lemon v. Kurtzman case is true EXCEPT

A) government aid to religious schools is constitutional.
B) the nature of government aid to schools must be secular.
C) government aid to schools could not have the primary effect of advancing or inhibiting religion.
D) government, in aiding schools, cannot become excessively entangled with religion.
E) government aid to religious schools has to be religious in nature.

Question 12

Before 1868, The Bill of Rights

A) applied to people's rights relative to the Federal Government, but not to people's rights relative to the states wherein they resided.
B) applied to people's rights relative to the Federal Government as well as the states.
C) applied to people's rights relative to the states.
D) limited the power of state governments.
E) included two amendments that were proposed but never ratified.

Question 13

The Flag Protection Act of 1989

A) is the constitutional amendment that prohibits flag burning.
B) was a Texas state law prohibiting the burning of the American flag.
C) is an example of legislation made possible by the establishment clause.
D) was a bill that failed to pass in Congress.
E) was ruled unconstitutional by the Supreme Court.

Question 14

The bad tendency rule meant that

A) speech may be curtailed if there is a possibility that such expression might lead to some evil.
B) Congress could prevent any speech it did not like.
C) if some people could be hurt by what was said, such speech was not protected.
D) anyone could advocate the overthrow of the U.S. government.
E) repeat criminal offenders could be preemptively detained.

Question 15

State and local attempts to forbid the teaching of evolution in schools

A) have not passed constitutional muster in the eyes of the Supreme Court.
B) are a recent development, occurring only in the past decade.
C) have been successful about half of the time.
D) have been permanently halted by the Epperson v. Arkansas Supreme Court case.
E) are brought about by concerns over shortages of science teachers.

Question 16

The part of the First Amendment prohibiting the national government from interfering with religious practices is called the

A) church-state separation clause.
B) diversity clause.
C) free exercise clause.
D) religious freedom clause.
E) establishment clause.

Question 17

It was not until the was ratified that the Bill of Rights began to be applied to the states.

A) Twelfth Amendment
B) Thirteenth Amendment
C) Fourteenth Amendment
D) Fifteenth Amendment
E) Sixteenth Amendment

Question 18

In Engel v. Vitale 1962), the Supreme Court ruled that

A) established guidelines for school prayers is ok.
B) the Regents' Prayer used in New York public schools was constitutional.
C) if school prayer did not refer to God, then it's constitutional.
D) government is not constitutionally allowed to compose official prayers.
E) parents must be involved in the composition of any school prayers.

Question 19

In the Everson v. Board of Education case, the Supreme Court held that

A) school prayer is legal.
B) no tax can be levied to support any religious activities or institutions.
C) government-funded schools may support religion.
D) states may take action against people practicing their religion.
E) state or federal government authorities may participate in the affairs of religious groups.

Question 20

All of the following are true about religious displays on public property EXCEPT that

A) court cases over these issues have been ruled upon under the establishment clause.
B) religious displays have been allowed in certain situations.
C) displays of a crèche at Christmastime may be allowed if secular displays are also being shown.
D) nativity scenes have been allowed as stand-alone displays.
E) acceptability of displays of the Ten Commandments depends on whether the context is overtly religious.

Question 21

According to the Supreme Court ruling in Roe v. Wade, which of the following restrictions may the state place on abortions?

A) During the first trimester, the state can prevent some abortions for reasons relating to the mother's health.
B) During the second trimester, the state can prevent all abortions.
C) During the third trimester, the state cannot regulate abortion except to require that it be performed by a doctor.
D) During the third trimester, the state may regulate or outlaw abortions except when necessary to preserve the life or health of the mother.
E) The states may place no restrictions on abortions.

Question 22

To be considered obscene, a work must

A) be offensive to a specific religious group.
B) lack serious redeeming literary, artistic, political, or scientific merit.
C) be determined to be commercial speech.
D) employ graphics, as opposed to mere text.
E) portray actual sexual intercourse.

Question 23

In Griswold v. Connecticut, the Supreme Court held that

A) prohibiting contraceptives violated a right to personal privacy.
B) laws banning contraceptives are legal.
C) abortion was illegal.
D) parts of the Fourteenth, Fifteenth, and Sixteenth Amendments contributed to a constitutional right to privacy.
E) abortion became more likely to be illegal as a pregancy advanced to term.

Question 24

Before the latter half of the nineteenth century, abortion was

A) legal at any point before the onset of labor.
B) a criminal offense at any point in the pregnancy.
C) not a criminal offense before the first movement of the fetus in the uterus.
D) not a criminal offense if the woman's husband agreed to it.
E) completely unregulated by the legal system.

Question 25

Gag orders have been used to

A) prohibit one criminal from testifying against another.
B) restrict the publication of news about a pretrial hearing.
C) restrict what a juror may say to the press after the trial.
D) restrict what evidence must be shown to defense lawyers.
E) prevent publication of obscene material depicting bondage.

Question 26

Some claim that the United States did not achieve true freedom of until 1969, when the Supreme Court overturned the conviction of a Ku Klux Klan leader in Brandenburg v. Ohio.

A) symbolic speech
B) commercial speech
C) hate speech
D) political speech
E) the press

Question 27

In the area of freedom of speech, which of the following is NOT true?

A) High schools can impose restrictions on speech that are not allowed in colleges.
B) High school officials may censor school publications.
C) Some universities have prohibited "hate speech."
D) Campus speech restrictions have usually been ruled unconstitutional.
E) The Supreme Court ruled that universities may not impose mandatory student activity fees.

Question 28

Defamation of character is defined as

A) committing obscene acts using another person's name.
B) publishing false statements about a person in a newspaper, book, or magazine.
C) hate speech.
D) making false statements about famous people.
E) wrongfully hurting a person's good reputation.

Question 29

In Osborne v. Ohio, the Supreme Court ruled that states can outlaw the possession of child pornography in the home

A) because owning the material perpetuates commercial demand for it and for the exploitation of children involved.
B) to protect children who may be living in the home.
C) because it universally violates community standards.
D) because it encourages deviant and exploitive behavior.
E) because it employs graphics, as opposed to mere text.

Question 30

When a person has either knowledge of a defamatory statement's falsity or a reckless disregard for the truth, he or she is said to have

A) actual malice.
B) malignant intent.
C) creative license.
D) unauthorized information.
E) criminal intent.

Question 31

In 2000, the Supreme Court addressed the abortion issue directly when it reviewed a Nebraska law banning

A) first trimester abortions.
B) "partial­birth" abortions.
C) abortions in cases of incest or rape.
D) abortions for women under the age of eighteen.
E) the "morning­after" pill.

Question 32

Slander is

A) an attempt to do bodily harm.
B) the public uttering of a false statement that harms the good reputation of another.
C) printed material that cannot be proven true.
D) a law that prohibits the public from making negative statements about elected officials.
E) a criminal offense.

Question 33

The type of media that has the least First Amendment protection is

A) motion pictures.
B) radio and television broadcasting.
C) newspapers.
D) magazines.
E) self-published pamphlets.

Question 34

The Communications Decency Act CDA) of 1996 and the Children's Online Protection Act of 1998

A) were both ruled constitutionally acceptable.
B) require public schools to block adult Internet content through filtering devices.
C) were vetoed by President Clinton.
D) have been blocked on constitutional grounds.
E) outlaw computer-generated images of minors engaging in lewd behavior.

Question 35

The 1994 Freedom of Access to Clinic Entrances Act

A) was found unconstitutional by the Supreme Court.
B) prohibits protestors from blocking entrances to abortion clinics.
C) required public hospitals to provide abortions.
D) failed to pass in Congress.
E) required clinics to provide multiple entrances for abortion seekers.

Question 36

At the federal level, the Child Online Protection Act COPA) of 1990 made it a crime to

A) create sexually explicit illustrations of children.
B) distribute child pornography overseas.
C) offer child pornography that does not actually exist.
D) knowingly receive sexually explicit depiction of children through the mail.
E) sell child pornography on the Internet.

Question 37

In Webster v. Reproductive Health Services, the Supreme Court ruled that states may

A) ban the use of public hospitals for performing abortions.
B) require public employees to assist in abortions.
C) ban second trimester abortions even if the woman's life is at risk.
D) require a waiting period of twenty-four hours.
E) prevent teenagers from obtaining contraceptives without parental consent.

Question 38

Libel is

A) the amount of insurance one must have on a motor vehicle.
B) defamation in writing.
C) printed material that cannot be proved true.
D) untrue rumors spread by word-of-mouth.
E) another word for slander.

Question 39

For a public official to obtain damages under libel laws, he or she must

A) show that the article is about their private life.
B) sue in federal court under the Public Official Libel Act.
C) prove their chances for reelection were completely lost because of the article.
D) prove the statement was made with actual malice.
E) present the same type of evidence that a private person would be required to offer.

Question 40

Obscenity was legally defined by Chief Justice Burger in

A) United States v. Williams.
B) Osborne v. Ohio.
C) Reno v. American Civil Liberties Union.
D) Miller v. California.
E) Flynt v. Falwell.

Question 41

In 1903, the Supreme Court ruled that the government could not deport someone without

A) giving them ninety days notice.
B) a special type of hearing with less strict due process standards than those set forth in the Constitution.
C) a hearing that meets constitutional due process standards.
D) informing their family.
E) ensuring they will be safe in their home country.

Question 42

In Reno v. American-Arab Anti-Discrimination Committee, the Supreme Court ruled that aliens have

A) the right to object to deportation only if they have been in the United States for ten years or more.
B) the right to object to deportation only if they have children born in the United States.
C) no Fourth Amendment protection against unreasonable search and seizure.
D) no First Amendment rights to object to deportation.
E) all the First Amendment rights granted to U.S. citizens.

Question 43

Discuss the establishment clause and give examples of Supreme Court rulings based on this clause.

Question 44

Explain in detail how the "right to privacy" evolved into the issue of abortion and indicate the legal problems that
have developed since the Roe v. Wade decision by the Court in 1973.

Question 45

An individual's trial rights include all of the following EXCEPT

A) the right to an impartial jury selected from a cross-section of the community.
B) the right to a speedy and public trial before a jury.
C) the right not to be subject to lengthy questioning.
D) no compulsory self-incrimination.
E) a trial atmosphere free of prejudice.

Question 46

Explain what symbolic speech is and give examples of Supreme Court decisions on this type of speech.

Question 47

A defendant's pretrial rights include all of the following EXCEPT

A) to be informed of the charges.
B) the right to legal counsel.
C) the right to remain silent.
D) negotiable bail.
E) prompt arraignment.

Question 48

With regard to physician-assisted suicide, the Supreme Court has said that

A) the liberty interest does not include a right to commit suicide.
B) states have a right to protect the families of those who choose physician-assisted suicide.
C) doctors must comply if a terminal patient asks for physician-assisted suicide.
D) the Constitution protects a person's right to make all decisions regarding his or her death.
E) it is permissible in all jurisdictions.

Question 49

What rights do immigrants have? Address both legal and illegal noncitizens. How have these rights changed in recent decades?

Question 50

What basic rights do all Americans accused of a crime have? Are they uniformly enforced across racial, ethnic, or gender lines? Why or why not?

Question 51

In , the Supreme Court held that if a person accused of a felony cannot afford an attorney, one must be made available to the accused at the government's expense.

A) United States v. Jones
B) Lemon v. Kurtzman
C) Washington, D.C. v. Heller
D) Miranda v. Arizona
E) Gideon v. Wainwright

Question 52

Given Supreme Court rulings that declared parts of the USA Patriot Act unconstitutional, has the issue of government intrusion into the private lives of Americans been resolved? Why or why not?

Question 53

Shortly after September 11, 2001, President George W. Bush issued an executive order authorizing the to conduct secret surveillance without court warrants.

A) Immigration and Customs Enforcement Agency ICE)
B) Department of Homeland Security DHS)
C) Central Intelligence Agency CIA)
D) Federal Bureau of Investigation FBI)
E) National Security Agency NSA)

Question 54

How has the Fourteenth Amendment and the idea of selective incorporation affected the Bill of Rights? Provide examples.

Question 55

Under which circumstances is the government able to interfere with freedom of speech?

Question 56

What are the Miranda rights? What exceptions have been allowed to these rights?

Question 57

A writ of habeas corpus is an order that requires

A) jailers to bring a prisoner before a court and explain why they are being held.
B) prisoners to be provided with legal counsel.
C) prisoners to be informed of their right to remain silent.
D) police to find the dead body in order for a court to deliver a murder conviction.
E) prisoners to be provided with an opportunity to confess.

Question 58

The exclusionary rule is a policy that

A) prohibits the admission of illegally seized evidence at trial.
B) prohibits the arresting officer from serving as a character witness at a hearing or trial.
C) prohibits the detention of a suspect for more than forty-eight hours without the suspect being charged.
D) is limited to the federal courts.
E) was ruled unconstitutional in 1914.

Question 59

Define slander and libel and describe the differences between them. Discuss how the protections against them are applied differently to different members of society.

Question 60

Legislation that allows the government to conduct "roving" wiretaps has raised issues under the

A) time, place, and manner test.
B) First Amendment.
C) conflict-with-legitimate-governmental-or-social-interests test.
D) "fighting words" test.
E) clear and present danger test.