Deck 14: Politics and Personal Liberty

Question 1

New York Times v.United States is the most important case regarding which of the following?

A)hate speech
B)prior restraint
C)fighting words
D)libel

Answer 1

B

Question 2

Profanity,obscenity,and threats are examples of which of the following?

A)hate speech
B)prior restraints
C)fighting words
D)free speech

Answer 2

C

Question 3

The Constitution protects against search of an individual's person,home,or vehicle without __________.

A)due process
B)permission
C)a warrant
D)compensation

Answer 3

C

Question 4

The Bill of Rights is made up of the first __________ amendments to the U.S.Constitution.

A)three
B)five
C)seven
D)ten

Question 5

Incorporation makes the protections from the Bill of Rights applicable to the states through which of the following amendments?

A)Fourth
B)Fifth
C)Sixth
D)Fourteenth

Question 6

Which amendment protects the right to bear arms?

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

Question 7

Which rule bars the use of illegally seized evidence at trial?

A)double jeopardy
B)right to pay
C)prior restraint
D)exclusionary

Question 8

Article I of the Constitution prohibits which of the following,which makes an act punishable as a crime even if the act was legal when it was committed?

A)writs of habeas corpus
B)bills of attainder
C)ex post facto laws
D)procedural guarantees

Question 9

What did Abington School District v.Schempp find to be unconstitutional?

A)state-mandated Bible reading
B)forced sterilization
C)segregated education
D)discrimination against homosexuals

Question 10

How have the courts traditionally defined libel?

A)fighting words
B)obscene speech
C)false and damaging statements
D)hate speech

Question 11

As depicted in Table 14.1,"How Are We Protected?: Rights Under the Constitution," the First Amendment includes which of the following?

A)right to assembly
B)right to bear arms
C)right to be free from unreasonable search and seizure
D)right to be free from quartering soldiers

Question 12

According to the authors of the Declaration of Independence,individual liberty derives from what?

A)government
B)human condition
C)the Constitution
D)recognition of equality

Question 13

Which clause prevents the national government from sanctioning an official religion?

A)Establishment
B)Free Exercise
C)Full Faith and Credit
D)Equal Protection

Question 14

Which U.S.Supreme Court case found that a woman's right to have an abortion is protected by the implied constitutional right to privacy?

A)Planned Parenthood of Southeastern Pennsylvania v.Casey
B)Lawrence v.Texas
C)Miranda v.Arizona
D)Roe v.Wade

Question 15

Which of the following generally is unconstitutional in public school?

A)fighting
B)a weapon
C)free speech
D)prayer

Question 16

What does the Sixth Amendment guarantee to those accused of a crime?

A)assistance of counsel
B)access to law books
C)a jury trial
D)assistance by the press

Question 17

Under Roe v.Wade,what rule applied to a woman who wanted an abortion in her first trimester?

A)She was completely free to obtain one.
B)She was banned from obtaining one.
C)The state could restrict or prohibit it.
D)The state could regulate it in the interest of maternal health.

Question 18

Today,the United States is the only western country to use which of the following to punish crime?

A)prison system
B)juvenile justice system
C)Eighth Amendment
D)death penalty

Question 19

In Roth v.U.S.,the U.S.Supreme Court held that material must be utterly without social importance in order to be considered __________.

A)illegal
B)obscene
C)hate speech
D)fighting words

Question 20

The free exercise clause guarantees that the national government will not interfere with which of the following?

A)education
B)finance
C)business
D)religion

Question 21

In Dennis v.United States,commentators have noted that the Supreme Court appeared to substitute a clear and __________ danger doctrine for the clear and present danger doctrine.

A)possible
B)unquestionable
C)definite
D)probable

Question 22

If a police officer has a reasonable belief that someone is committing or about to commit a crime,that officer can stop and frisk the suspect without __________.

A)their consent
B)arresting them
C)a warrant
D)a witness

Question 23

Congress tried unsuccessfully to ban indecent and offensive communications from the Internet in the __________ Act of 1996.

A)Clean Internet
B)Decent Communications
C)Clean Communications
D)Communications Decency

Question 24

Article I of the Constitution,which forbids bills of attainder,addresses which of the following?

A)imprisonment without court appearance
B)search and seizure
C)punishment without trial
D)indefinite detainment

Question 25

The Supreme Court has ruled that states can limit abortions if the regulations do not pose which of the following?

A)a bar to equal protection
B)a due process violation
C)a prior restraint
D)an undue burden

Question 26

The doctrine of prior restraint prevents the government from prohibiting speech or publication __________.

A)that is obscene
B)after the fact
C)that is illegal
D)before the fact

Question 27

What kind of speech is by its very utterance intended to inflict injury or incite an immediate breach of peace?

A)hate speech
B)symbolic speech
C)political speech
D)fighting words

Question 28

The "right to remain silent" is a citizen's protection against which of the following?

A)governmental intrusion
B)search and seizure
C)religious establishment
D)self-incrimination

Question 29

In matters of religion,the Free Exercise Clause protects individuals from which of the following?

A)discrimination
B)persecution
C)governmental intrusion
D)segregation

Question 30

When a defendant in a criminal case pleads guilty in exchange for concessions from the prosecutor,the case has been resolved by what?

A)civil trial
B)peremptory challenge
C)unfair application
D)plea bargaining

Question 31

The Supreme Court briefly outlawed which of the following in the 1970s by asserting that it was being imposed in an arbitrary manner?

A)capital punishment
B)school prayer
C)access to court-appointed counsel
D)symbolic speech protection

Question 32

Which Supreme Court case in 2010 confirmed a 2008 ruling that individuals as well as states have a right to bear arms?

A)McDonald v.Chicago
B)Gideon v.Wainwright
C)Miranda v.Arizona
D)Mapp v.Ohio

Question 33

Miranda rights include the right to which of the following?

A)a phone call
B)due process
C)a jury trial
D)counsel

Question 34

In 2004,the Supreme Court ruled that military detainees have a right to which of the following?

A)due process
B)the assistance of counsel
C)equal protection
D)habeas corpus

Question 35

The Supreme Court has used incorporation to __________ the rights of states.

A)protect
B)limit
C)expand
D)define

Question 36

Which Supreme Court case developed the exclusionary rule?

A)Parker v.Gideon
B)New York Times Co.v.Sullivan
C)Mapp v.Ohio
D)Wolf v.Colorado

Question 37

The Privacy Protection Act passed by Congress and the shield laws passed by some states are designed to protect __________.

A)minorities
B)campus speech
C)the media
D)criminal defendants

Question 38

In Near v.Minnesota,the Supreme Court developed which of the following?

A)exclusionary rule
B)due process clause
C)prior restraint doctrine
D)free exercise clause

Question 39

Under the preferred position doctrine,any speech or writing is presumed constitutional unless the government can prove that it presents what?

A)a serious and immediate danger
B)a preferred position
C)prior restraint
D)a wall of separation

Question 40

Which test examines whether a particular law constitutes "establishment" of religion and thus violates the 1st Amendment?

A)Orange
B)Lemon
C)Free Exercise
D)Prior Restraint

Question 41

The Communications Decency Act of 1996 tried to ban Internet pornography,but the Supreme Court held the act unconstitutional on what grounds?

A)The act would do nothing to eliminate child pornography on the Internet.
B)Parents should be in charge of protecting their children from the Internet.
C)The Internet is outside the reach of governmental protection.
D)The Internet deserves the highest protection from government intrusion.

Question 42

Which of the following is responsible for determining whether enough evidence exists to support a conviction against a criminal defendant?

A)trial court
B)defense attorney
C)prosecutor
D)jury

Question 43

Which of the following rights has the Supreme Court found to be one of the penumbra of unstated liberties linked to explicitly stated rights?

A)right to marry
B)right to travel
C)right to vote
D)right to privacy

Question 44

Convicted criminals whose sentences increase during their prison term due to a change in the law have been illegally subjected to what kind of law?

A)cruel and unusual
B)habeas corpus
C)ex post facto
D)bill of attainder

Question 45

The 2008 amendments to the Foreign Intelligence Surveillance Act of 1978 (FISA)allows warrantless surveillance of which of the following?

A)international calls and e-mails
B)locations of automobiles
C)text messages on employer-paid devices
D)electronic communications within the United States

Question 46

The Supreme Court ruling that allowed public schools to give pupils regular releases from school to attend religious instructions outside of school permitted a crack in which doctrine?

A)preferred position
B)wall-of-separation
C)freedom of expression
D)no-prior-restraint

Question 47

As described in Table 14.2,"Individual Rights in the Criminal Justice Process," what is the process by which a prosecutor issues a formal document naming the accused and specifying the charges?

A)trial
B)indictment
C)arraignment
D)investigation

Question 48

Although not specifically discussed in the Constitution,birth control has been interpreted as an extension of the right to which of the following?

A)press
B)assembly
C)religion
D)privacy

Question 49

Which of the following created the right to privacy?

A)the Bill of Rights
B)the Constitution
C)the executive branch
D)the judiciary

Question 50

In Gitlow v.New York,the Supreme Court,in holding that freedom of speech and of the press are fundamental liberties protected by the Fourteenth Amendment from impairment by the states,was addressing __________.

A)eminent domain
B)free exercise
C)incorporation
D)establishment

Question 51

The Supreme Court has held that it is a violation of the Fourth Amendment to impose drug testing on which of the following?

A)railroad workers
B)candidates for public office
C)federal law-enforcement agents
D)students participating in athletics

Question 52

Eminent domain is considered lawful under the __________ clause.

A)takings
B)privileges or immunities
C)due process
D)establishment

Question 53

In recent years,the Supreme Court has struggled to address __________ on the Internet in a First Amendment context.

A)slander
B)libel
C)hate speech
D)obscenity

Question 54

The double jeopardy clause prevents an individual who is acquitted of a crime from which of the following?

A)media coverage
B)being tried again
C)going free
D)asserting innocence

Question 55

Which of the following Supreme Court Cases applied incorporation?

A)Barron v.Baltimore
B)Roe v.Wade
C)New York Times Co.v.Sullivan
D)Gitlow v.New York

Question 56

What do proponents of the Guantanamo Bay detention facility call its prisoners?

A)war criminals
B)enemy combatants
C)prisoners of war
D)foreign aggressors

Question 57

Opponents of the death penalty have argued that it violates which amendment to the Constitution?

A)Second
B)Fifth
C)Eighth
D)Tenth

Question 58

The Military Commissions Act of 2006 allows the government to jail detainees without an opportunity to file which of the following?

A)an appeal
B)a writ of habeas corpus
C)a bill of attainder
D)a motion for summary judgment

Question 59

During World War I,the Supreme Court upheld the Espionage Act by ruling that Congress has a right to restrict speech that __________.

A)is critical of the government
B)has a prior restraint
C)creates a clear and present danger
D)qualifies as hate speech

Question 60

Shouting profanities in public is an example of __________,which is not protected speech.

A)hate speech
B)fighting words
C)obscenity
D)libel

Question 61

Once a communication is determined to be libelous or slanderous,it is outside of the protection of the __________.

A)First Amendment
B)freedom of expression
C)commercial speech standards
D)Fifth Amendment

Question 62

To be constitutional,a law affecting religious activity must __________.

A)have a secular purpose
B)advance religion
C)have a spiritual purpose
D)inhibit religion

Question 63

__________ rights include the right to remain silent.

A)1?? Amendment
B)Expression
C)Special
D)Miranda

Question 64

The right to bear arms stems from colonists' distrust of standing armies.

Question 65

The taking of property under eminent domain is valid only if it is for __________.

A)a government building or structure
B)commercial use
C)private use
D)public use

Question 66

The preferred position means that First Amendment freedoms should only be abridged with great reluctance.

Question 67

In recent years,the Supreme Court has __________ constraints on aid to parochial schools and voucher programs.

A)lifted
B)loosened
C)added new
D)tightened

Question 68

The __________ Court,named after the Chief Justice presiding over the U.S.Supreme Court at the time,supported laws that deterred police misconduct.

A)Burger
B)Rehnquist
C)Warren
D)Kennedy

Question 69

An early effort to define __________ focused on whether the material had any serious literary,artistic,political,or scientific value.

A)profanity
B)fighting words
C)obscenity
D)threats

Question 70

Commercial speech is constitutionally protected.

Question 71

The right to privacy is construed as part of the penumbra of __________ in the Constitution.

A)applied rights
B)non-explicit rights
C)express rulings
D)explicit rights

Question 72

The Fourteenth Amendment suggests that the protections in the Bill of Rights could be interpreted as applying to the states.

Question 73

Standard used by the courts to determine whether speech may be restricted; only speech that creates a serious and immediate danger to society may be restricted.

A)wall-of-separation doctrine
B)clear and present danger doctrine
C)Sullivan Doctrine
D)preferred position doctrine

Question 74

The Supreme Court,under Chief Justice __________,strengthened Fifth Amendment protections.

A)William Rehnquist
B)Warren Burger
C)John Roberts
D)Earl Warren

Question 75

A(n)__________ is a formal document naming the accused and specifying the charges.

A)indictment
B)arrest warrant
C)proceedings
D)arraignment

Question 76

Writs of habeas corpus are laws declaring an act illegal without a judicial trial.

Question 77

__________ includes the right to form and join organizations and associations.

A)The First Amendment
B)Freedom of expression
C)Freedom of assembly
D)Free exercise

Question 78

Actions,other than speech itself,that are protected by the 1st Amendment because they constitute political expression are __________.

A)commercial speech
B)hate speech
C)political speech
D)symbolic speech

Question 79

Which of the following is essential to having an informed electorate in a thriving democracy?

A)free expression
B)shield laws
C)freedom of the press
D)commercial speech

Question 80

The __________ Amendment guarantees the right to bear arms.

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