Deck 5: Civil Liberties

Question 1

Which of the following statements concerning the Bill of Rights and state power is incorrect?

A) The Bill of Rights originally applied only to the federal government.
B) The Supreme Court clearly held that the Bill of Rights applied only to the federal government in an 1833 case.
C) The Constitution was generally silent on what states could not do to their residents.
D) The interpretation and application of the Bill of Rights began to change after the Civil War.
E) None of the above.

Answer 1

E

Question 2

The earliest immigrant group to arrive in large numbers and thus alter the scope of civil rights issues consisted of

A) Mexican Hispanics.
B) Hispanics from other Latin American countries.
C) Irish Catholics.
D) Southeast Asians.
E) German Protestants.

Answer 2

C

Question 3

Usually, the Supreme Court has reacted to wartime curtailments of civil liberties by

A) upholding them.
B) rejecting them.
C) upholding them at first, limiting them later.
D) rejecting them at first, reinstating them later.
E) avoiding rulings on constitutionality and consigning such issues to the lower federal courts.

Answer 3

A

Question 4

The earliest incorporations of portions of the Bill of Rights relied on

A) the notion of a reasonable person.
B) the shock-the-conscience test.
C) a rational basis standard.
D) the due process and equal protection clauses.
E) the notions of ordered liberty and fundamental rights.

Question 5

An example of how entrepreneurial politics can enter the realm of civil liberties is that of

A) the so-called Red Scare during World War I.
B) Dr. Samuel Sheppard's assertion of his right to a fair trial.
C) Jewish opposition to Christmas crèches.
D) efforts to bring bilingual education into Hispanic districts.
E) All of the above.

Question 6

The English jurist William Blackstone believed that freedom of the press should be characterized by

A) freedom from prior restraint.
B) freedom from libel.
C) freedom from slander.
D) the "clear and present danger" test.
E) the bad tendency test.

Question 7

In 2008, the Supreme Court ruled that the Bill of Rights does not allow the federal government to ban ____________ in the District of Columbia.

A) drugs
B) cell phones
C) private possession of firearms
D) pornography
E) smoking

Question 8

Which term best describes the manner in which the Supreme Court has applied the Bill of Rights to the states?

A) Incorporation
B) Selective incorporation
C) Complete incorporation
D) Consecutive incorporation
E) Minimal incorporation

Question 9

The Bill of Rights has come to apply to the states through the interpretation of

A) the Fourteenth Amendment.
B) the Tenth Amendment.
C) the commerce clause.
D) Article III.
E) the necessary and proper clause.

Question 10

A person treating the U.S. flag contemptuously is

A) subject to conviction in federal court.
B) subject to conviction in state court.
C) subject to conviction in state and federal court.
D) protected by Fourth Amendment rights.
E) protected by the right to exercise free speech.

Question 11

The use of dogs to sniff high school lockers for drugs has been determined by the Supreme Cour to be

A) unconstitutional.
B) constitutional under all circumstances.
C) constitutional if parental permission is obtained.
D) constitutional if supervised by a federal agent.
E) constitutional if incident to a reasonable search.

Question 12

In the 1980s, sedition laws were enforced against

A) Nazis.
B) the Ku Klux Klan.
C) Puerto Rican nationalists.
D) antiabortion activists.
E) members of the Unification Church.

Question 13

The Espionage and Sedition Acts (1917-1918) were largely stimulated by fears of

A) Germans and radicals.
B) radicals and blacks.
C) blacks and communists.
D) Japanese and Germans.
E) socialists and steelworkers.

Question 14

Conflicts in civil liberties often arise because

A) majoritarian politics is ineffective in resolving crises.
B) the U.S. Constitution is vague on issues of individual rights.
C) the Bill of Rights lists several competing rights.
D) policy entrepreneurs rarely operate in the civil rights area.
E) the Supreme Court has refused to play a leading role in the interpretation of the First Amendment.

Question 15

Civil liberties conflicts between the Fraternal Order of Police and the American Civil Liberties Union (ACLU) are most likely to be examples of

A) majoritarian politics.
B) neo-institutional politics.
C) entrepreneurial politics.
D) client politics.
E) interest group politics.

Question 16

The immigrant group usually associated with the drive for bilingual education is composed of

A) Southeast Asians.
B) Hispanics.
C) Africans.
D) Eastern Europeans.
E) Germans.

Question 17

In Palko v. Connecticut (1937) the Supreme Court began to apply rights to the states via

A) the notion of a reasonable person.
B) the shock-the-conscience test.
C) a rational basis standard.
D) the due process and equal protection clauses.
E) the notions of ordered liberty and fundamental rights.

Question 18

Senator Joseph McCarthy became a powerful policy entrepreneur by claiming that

A) the Japanese posed a West Coast security threat.
B) hippies were undermining Christianity.
C) communists had infiltrated the government.
D) homosexuals were transmitting AIDS to heterosexuals.
E) secular humanists were indoctrinating educators.

Question 19

The First Amendment does not address

A) freedom of religion.
B) the right to bear arms.
C) freedom of the press.
D) freedom of speech.
E) freedom of assembly.

Question 20

The Sedition Act of 1798 was, in part, the result of strained relations between the United States and

A) Spain.
B) England.
C) France.
D) Italy.
E) Germany.

Question 21

When U.S. Nazis sought to parade in Skokie, Illinois, where many Jews lived, the courts

A) found them a clear and present danger.
B) upheld their right to parade peacefully.
C) refused to rule one way or another.
D) allowed the police full discretion.
E) allowed their arrests and convictions.

Question 22

In 2010, Congress unanimously passed legislation that ended

A) libel tourism.
B) malicious libel.
C) libel.
D) private libel.
E) high dollar libel verdicts.

Question 23

Charles T. Schenck was convicted in 1919 of

A) speaking in favor of isolationism.
B) advocating the overthrow of the government.
C) planning a violent insurrection.
D) mailing draft-resistance circulars to young men.
E) planting a bomb in the Capitol.

Question 24

When eleven communists were convicted under the Smith Act of 1940, the Supreme Court

A) found the act unconstitutional.
B) approved the act but vacated the sentences.
C) upheld the convictions.
D) remanded the case for retrial.
E) handed down a rare decision that featured a 4-4 vote split among the justices.

Question 25

If you, as a public figure, are grievously harmed by the written statements of someone who cannot prove that they are true, you

A) can sue the person for libel.
B) can collect damages if you demonstrate malice.
C) cannot sue the person.
D) can collect damages for slander, but not for libel.
E) can collect damages for libel, but not for slander.

Question 26

The Espionage and Sedition Acts that were passed in 1917 and 1918 placed restrictions on publications that

A) advocated the overthrow of the government by force or violence.
B) made any defamatory statements about the president or other member of government.
C) advocated the crossing of state lines or use of interstate commerce to incite a riot.
D) advocated treason, insurrection, or forced resistance.
E) made any defamatory statements about military personnel or war strategy.

Question 27

Jefferson's primary objection to the Sedition Act of 1798 was that it

A) resulted in federal, not state, prosecutions.
B) was enforced only against Federalist editors and authors.
C) was enforced against newspapers but not books.
D) was rarely enforced at all.
E) was only enforced in Virginia.

Question 28

Which justice argued that obscenity is a form of speech that is, or should be, protected by the First Amendment?

A) Hugo Black
B) Thurgood Marshall
C) Potter Stewart
D) Warren Burger
E) Fred Vinson

Question 29

In the early 1920s, the Supreme Court upheld the conviction of Charles T. Schenck under the Espionage Act because

A) he was an illegal alien.
B) he had published documents that were vital to national security.
C) his actions presented a clear and present danger.
D) his actions threatened the security of the nation.
E) he had not intentionally inspired lawlessness.

Question 30

The Sedition Act of 1798 was considered an improvement over the British example because it left the determination of guilt or innocence up to

A) military courts.
B) administrative courts.
C) the judge.
D) prosecutors.
E) the jury.

Question 31

When Clarence Brandenburg vacated the street at a Ku Klux Klan cross-burning rally as ordered but threatened to reoccupy it later, the Supreme Court

A) upheld his conviction.
B) overturned his conviction.
C) upheld his acquittal.
D) overturned his acquittal.
E) refused to give his case further consideration.

Question 32

Slander differs from libel in that it refers to

A) oral statements.
B) written statements.
C) public officials.
D) private individuals.
E) administrative hierarchies.

Question 33

In 1992, the Supreme Court overturned a Minnesota statute involving the display of odious symbols. The Court ruled that such displays are

A) protected by the Constitution.
B) protected by the Constitution but could be punished as a hate crime.
C) not protected by the Constitution.
D) not protected by the Constitution and could be punished as a hate crime.
E) not protected by the Constitution and could be punished as incitement.

Question 34

Benjamin Gitlow's case was significant because it resulted in the Supreme Court's declaring that

A) all sedition laws were unconstitutional.
B) freedom of speech and freedom of the press were "fundamental."
C) all federal sedition laws were unconstitutional.
D) antiwar protesters could only distribute leaflets.
E) protesters could no longer peacefully assemble.

Question 35

Written defamation of character is known as

A) slander.
B) obscenity.
C) incitement.
D) political falsehood.
E) libel.

Question 36

Justice Potter Stewart's oft-quoted dictum on hard-core as opposed to soft-core pornography was

A) "I know it when I see it."
B) "Different strokes for different folks."
C) "It won't play in Peoria."
D) "One man's meat is another man's poison."
E) "What could go wrong?"

Question 37

If you, as a private individual, are grievously harmed by the statements of someone who can also prove that the statements are true, you

A) can sue that person for libel.
B) can collect damages if you demonstrate malice.
C) cannot collect damages from that person.
D) can collect for slander, but not for libel.
E) can collect for libel, but not for slander.

Question 38

The Supreme Court justice who compared unpopular political speech to falsely shouting "Fire!" in a theater was

A) Louis Brandeis.
B) Felix Frankfurter.
C) William Rehnquist.
D) Warren Burger.
E) Oliver Wendell Holmes.

Question 39

Which of the following sued a newspaper for libel and won, but was awarded damages of only six cents?

A) Ronald Reagan.
B) James Deen.
C) Theodore Roosevelt.
D) Carol Burnett.
E) Walt Disney.

Question 40

A good example of how community sensitivities and personal self-expression can sometimes conflict is that of

A) sedition acts.
B) the Sheppard case.
C) the blacklisting of suspected communists.
D) incitement statutes.
E) nude dancing.

Question 41

Each of the following groups has recently been regarded by the Supreme Court as a "person" enjoying rights of free expression except

A) the First National Bank of Boston.
B) the Hazelwood High School student newspaper.
C) the Massachusetts Citizens for Life.
D) the Pacific Gas and Electric Company.
E) Both A and D.

Question 42

The two clauses of the First Amendment that deal with religion are concerned with

A) free exercise and establishment.
B) establishment and separation.
C) separation and prohibition.
D) prohibition and free exercise.
E) separation and free exercise.

Question 43

The "clear and present danger" test emerged in the Supreme Court's decision in the case of

A) Chaplinsky v. New Hampshire.
B) Miller v. California.
C) Texas v. Johnson.
D) Reno v. ACLU.
E) Schenck v. United States.

Question 44

Which of the following forms of symbolic speech might result in punishment and denial of any claim to being protected speech?

A) flag burning.
B) burning a draft card.
C) defacing the photo of the president.
D) singing the National Anthem poorly, on purpose.
E) crushing plastic models of the Lincoln Memorial.

Question 45

A state cannot apply a license fee to Jehovah's Witnesses who solicit door to door. This is in keeping with

A) the free-exercise clause of the First Amendment.
B) the wall of separation called for by Thomas Jefferson.
C) the establishment clause of the First Amendment.
D) the three-part test for constitutional aid to religions.
E) both B and C.

Question 46

When the House and the Senate recently considered a law making it a federal crime to burn the American flag,

A) it failed in both houses by large majorities.
B) it failed in both houses by a narrow margin.
C) it passed in both houses by a narrow margin.
D) it passed in both houses by large majorities.
E) it failed to make it out of committee.

Question 47

The Supreme Court upheld the constitutionality of flag burning in the case of

A) Chaplinsky v. New Hampshire.
B) Miller v. California.
C) Texas v. Johnson.
D) Reno v. Johnson.
E) Schenck v. United States.

Question 48

The Supreme Court denied the Hazelwood High School student newspaper the right to print certain stories, using the argument that

A) young people do not have First Amendment protection against libel.
B) the exercise of free expression by students is in violation of state educational codes.
C) schools that allow free expression by students can legally be denied federal funding.
D) incitement is never protected speech, even if it originates in a school newspaper.
E) the exercise of free expression by students cannot impede the educational mission of the school.

Question 49

If people have a right to speak and publish, do corporations, interest groups, and children have the same right?

A) Yes, although there are some exceptions.
B) Yes, without exception.
C) No, although there are some exceptions.
D) No, without exception.
E) The issue has yet to be decided by the High Court.

Question 50

The right of free expression, although not absolute, enjoys a higher status than the other rights granted by the U.S. Constitution. This is known as the doctrine of

A) prior restraint.
B) existential priority.
C) neutrality and clarity.
D) least means.
E) preferred position.

Question 51

Protection under the Supreme Court's definition of obscenity is given to

A) books and magazines only.
B) books, magazines, and films only.
C) almost any form of visual or auditory communication, including nude dancing.
D) almost any form of visual or auditory communication, with the exception of nude dancing and live sex.
E) films, but not books and magazines.

Question 52

One form of symbolic speech permitted by the Supreme Court is

A) draft-card burning.
B) political assassination.
C) pipe bombing of public facilities.
D) spitting at a politician.
E) flag burning.

Question 53

The Supreme Court's current definition of obscenity denies free-speech protection to materials or activities that

A) depict sexuality in a way that is degrading to its subjects.
B) promote violence against women or children.
C) lack serious literary, artistic, political, or scientific value.
D) present a clear and present danger to community standards of decency.
E) do not appeal to the prurient interest.

Question 54

An Indianapolis ordinance defining pornography as the "graphic, sexually explicit subordination of women" was held by the Supreme Court to be

A) in keeping with the Court's stance on symbolic speech.
B) in violation of the First Amendment.
C) an interference with the adult right of privacy.
D) the legislation of constitutional feminism.
E) constitutional.

Question 55

A local statute forbidding adult movie theaters from being located near churches, schools, or parks would probably be

A) upheld as a limit on free expression.
B) upheld as a regulation of land use.
C) overturned as contravening free speech.
D) overturned as overly vague and broad.
E) overturned for violating the principle of content neutrality.

Question 56

When the Supreme Court was asked to consider constitutional challenges to restrictions on speech in the McCain-Feingold campaign finance reform law of 2002, it

A) refused to hear the case.
B) accepted the case but refused to issue a ruling.
C) accepted the case and struck down provisions in the law.
D) accepted the case and upheld the restrictions in question.
E) accepted the case and ruled in favor of the complaining organizations.

Question 57

In a recent case, the Supreme Court struck down a portion of a 1996 law related to child pornography because the case at hand involved

A) the Internet.
B) imported magazines.
C) virtual, or computer-simulated, images.
D) a child psychology book.
E) newspaper articles.

Question 58

In Tinker v. Des Moines (1969), the Supreme Court ruled in favor of schoolchildren who

A) disrupted an assembly.
B) wrote controversial newspapers articles.
C) burned flags.
D) wore armbands.
E) did none of the above.

Question 59

The First Amendment states that Congress shall make no law prohibiting the "free exercise" of religion. It may, however,

A) make laws that impose a special burden on religion.
B) bind religions to laws that bind all others.
C) insist that church and state remain separate.
D) make laws respecting the establishment of a religion.
E) declare an official religion for ceremonial purposes.

Question 60

For the Supreme Court to uphold conscientious objection to military service, that objection must be rooted in

A) an established Christian religion.
B) the Judeo-Christian heritage.
C) some recognized religion.
D) deeply held moral, ethical, or religious beliefs.
E) a Protestant faith.

Question 61

The Court is more likely to employ the "Wall of Separation" test if an Establishment Clause case involves

A) a court house.
B) a school.
C) a public park.
D) a public cemetery.
E) a public parade.

Question 62

The historical source for the "wall of separation" between religion and the state is

A) the Bill of Rights.
B) a series of debates in the First Congress.
C) the writings of Thomas Jefferson.
D) twentieth-century Supreme Court decisions.
E) the Federalist papers.

Question 63

In Pawtucket, Rhode Island, litigation resulted from the placement of ________ in the Christmas display of a local park.

A) the Ten Commandments
B) dancing bears
C) a cross
D) a Nativity scene
E) a menorah

Question 64

In a 1947 decision, the Supreme Court allowed a New Jersey town to fund busing to a parochial school because

A) no alternative form of transportation existed.
B) enrollment at that school was open to all.
C) the resulting tax burden on the average citizen was negligible.
D) busing was religiously neutral.
E) there was no true case and controversy.

Question 65

When the Supreme Court rules that Amish people cannot be forced to send their children to school, it

A) neither establishes religion nor protects its free exercise.
B) establishes religion without violating the First Amendment.
C) avoids establishing religion at the risk of impeding its free exercise.
D) both establishes religion and impedes its free exercise.
E) protects the free exercise of religion but opens itself to criticisms regarding establishment.

Question 66

The Supreme Court has ruled that the state cannot require attendance in public schools beyond the _____ grade.

A) fifth
B) seventh
C) eighth
D) tenth
E) eleventh

Question 67

The Supreme Court has ruled that certain kinds of government involvement in religious activities are acceptable. One condition of such involvement is that it

A) apply equally to all groups, including Congress.
B) avoid giving preference to the Judeo-Christian God.
C) not be applied to aid to parochial schools.
D) have a secular (nonreligious) purpose.
E) include opportunities for dissenters to express their views.

Question 68

The Supreme Court allowed the city of Pittsburg to display a menorah because it was placed next to

A) dancing elves.
B) a Christmas tree.
C) a crèche.
D) a cross.
E) a snowman.

Question 69

The Supreme Court has allowed the state of Texas to display ___________ outside its capital building.

A) the Ten Commandments
B) a crèche
C) a cross
D) a Nativity scene
E) a menorah

Question 70

In recent years, the Supreme Court has ruled that two Kentucky counties could no longer display the Ten Commandments in

A) courthouses.
B) schools.
C) firehouses.
D) city halls.
E) train stations.

Question 71

Since 1992, having a member of the clergy offer a prayer or an invocation at a public school graduation ceremony is

A) unconstitutional.
B) unconstitutional only if read from the Bible.
C) constitutional.
D) constitutional if not read from the Bible.
E) constitutional if nondenominational.

Question 72

In an important recent decision, the Supreme Court upheld a voucher program for students attending religious and other private schools in Cleveland, Ohio, because

A) the schools promised to teach no course involving religion.
B) the aid was not given to particular schools but to the families who chose the schools.
C) the schools removed all religious symbols and artifacts.
D) the aid was given directly to the particular schools.
E) the teachers were certified by the state.

Question 73

The text argues that with respect to crime, it has been difficult for the courts to

A) make laws.
B) enforce laws.
C) decide what the Bill of Rights means and how to put it into effect.
D) get the police to pay attention to their decisions.
E) convince the police of their legitimacy.

Question 74

One interesting fact about the problematic establishment clause of the First Amendment is that

A) it was not included in initial drafts of the First Amendment.
B) the language was clearer in initial drafts of the First Amendment.
C) no one actually agreed that it should be included in the First Amendment.
D) it was originally in the Tenth Amendment.
E) it was originally written by Thomas Jefferson.

Question 75

Most nations deal with the problem of illegally obtained evidence by

A) not allowing it to be presented in court.
B) allowing only conclusions drawn from it to be presented in court.
C) dismissing the officers involved in obtaining it.
D) punishing police misconduct apart from the criminal trial.
E) removing such evidence, but only on the objection of a judge or a prosecutor.

Question 76

Which of the following statements is incorrect?

A) Congress opens each session with prayer.
B) A public school cannot have a chaplain.
C) The armed services can have chaplains.
D) All of the above.
E) None of the above.

Question 77

Which of the following laws has the Supreme Court upheld as constitutional?

A) Laws calling for the teaching of creationism
B) Laws calling for in-school release time for religious instruction
C) Laws calling for school prayer
D) Laws calling for aid to parochial schools for secular purposes
E) Laws calling for Bible reading in schools

Question 78

Which of the following statements concerning conscientious objectors is incorrect?

A) The draft laws have always exempted them from service.
B) The Supreme Court has upheld the constitutionality of their exemption from service.
C) The Supreme Court has insisted that exemptions be allowed for those who do not believe in a Supreme Being.
D) The Supreme Court has insisted that exemptions be allowed for those who do not belong to any religious traditions.
E) None of the above.

Question 79

Current Supreme Court rulings would permit all of the following forms of state aid to church-related schools except

A) salary supplements to teachers of nonreligious subjects.
B) construction of college buildings.
C) textbook loans.
D) tax-exempt status for the schools.
E) money for computers.

Question 80

The Supreme Court has struck down laws that require the teaching of the theory of

A) creationism.
B) relativity.
C) evolution.
D) humanism.
E) secularism.