Deck 15: Civil Liberties

Question 1

To be subject to sanctions, fighting words must

A)create anger, alarm, or resentment.
B)be based on race, ethnicity, or religion.
C)incite acts of violence.
D)be based on gender.
E)Both B and D are correct

Answer 1

C

Question 2

The U.S.Constitution gives national and state governments the power to take private property from the public, but requires them to provide just compensation for property so taken.What are we referring to?

A)Eminent domain
B)Regulatory taking
C)Property rights
D)Land rights
E)Domain limitations

Answer 2

A

Question 3

In ______________the Supreme Court struck down an initiative amending the Colorado constitution that prohibited state and local governments from protecting homosexuals from discrimination

A)Bowers v.Hardwick
B)Gitlow v.New York
C)Miller v.California
D)Romer v.Evans
E)Griswold v.Connecticut

Answer 3

D

Question 4

The Supreme Court ruled that executing minors was a violation of what amendment?

A)Eighth
B)Fourth
C)Fifth
D)Third
E)Ninth

Question 5

Preferred position doctrine holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do.

Question 6

Civil rights are

A)the constitutionally protected freedoms of all persons against governmental restraint: the freedoms of conscience, religion, and expression.
B)the constitutional rights of all persons, not just citizens, to due process and the equal protection of the laws the constitutional right not to be discriminated against by governments because of race, ethnic background, religion, or gender.
C)granted by governments and may be subject to conditions or restrictions.
D)protected by in the Fifth and Fourteenth Amendments.
E)Both B and D are correct

Question 7

Gitlow v.New York was a revolutionary decision because it protected freedom of speech from violations by state and local governments.

Question 8

___________ mainly limits the executive and judicial branches because they apply the law and review its application.

A)Procedural due process
B)Due process
C)Substantive due process
D)Miranda rights
E)International due process

Question 9

The preferred position doctrine-which holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do-is an interpretation of what amendment?

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

Question 10

Which amendment protects persons from being compelled to testify against themselves in criminal prosecutions?

A)Fourteenth
B)Fourth
C)First
D)Third
E)Fifth

Question 11

Libel, obscenity, fighting words, and commercial speech are examples of ____________

A)prior restraint.
B)bad tendency test.
C)clear and present danger test.
D)non-protected speech.
E)preferred position doctrine.

Question 12

In __________ the Supreme Court adopted a rule excluding from a criminal trial evidence the police obtained unconstitutionally or illegally.

A)Terry v.Ohio
B)Gitlow v.New York
C)Miller v.California
D)Mapp v.Ohio
E)Griswold v.Connecticut

Question 13

Ex post facto law refers to producing a prisoner in court and explaining why he or she is being held.

Question 14

Roe v.Wade ruling dealt with the issue of

A)religious belief.
B)abortion rights.
C)press rights.
D)speech rights.
E)peaceful assembly rights.

Question 15

Civil rights are the constitutional rights afforded to only citizens of the United States.

Question 16

To obtain a valid search warrant, the police must indicate under oath that they have what to justify it?

A)Reasonable cause
B)Legitimate cause
C)Proof
D)Probable cause
E)Likely cause

Question 17

According to the Constitution ex post facto laws cannot

A)increase the punishment for a crime after it was committed.
B)reduce the proof necessary to convict for a crime after it was committed.
C)decrease the punishment for a particular crime.
D)be applied to civil laws.
E)All of these are true of ex post facto laws

Question 18

________ are the constitutionally protected freedoms of all persons against governmental restraint: the freedoms of conscience, religion, and expression.

A)Civil rights
B)Civil liberties
C)Due process rights
D)Bill of Rights
E)Free exercise rights

Question 19

In the decision concerning Griswold v.Connecticut (1965), the Supreme Court relied on

A)principles relating to procedural due process.
B)the right to privacy as implied in the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments.
C)specific references to the right to life as implied in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.
D)the moral suasion of the general public.
E)the protection of the free exercise of religion under the First Amendment.

Question 20

The clear and present danger test is a means of interpreting the First Amendment.

Question 21

Which Supreme Court justice observed, "The history of liberty has largely been the history of observance of procedural safeguards."

A)Justice Felix Frankfurter
B)Justice John Marshall Harlan
C)Justice Clarence Thomas
D)Justice Antonin Scalia
E)Justice Sandra Day O'Connor

Question 22

The due process clause, interpreted to mean that the states could not abridge the First Amendment freedoms, is part of the

A)Third Amendment
B)Eighteenth Amendment
C)Fourteenth Amendment
D)Ninth Amendment
E)Second Amendment

Question 23

Rights in the original Constitution include all of the following EXCEPT

A)habeas corpus.
B)no titles of nobility.
C)the right to travel.
D)the right to bear arms.
E)no religious test oaths as a condition for holding a federal office.

Question 24

The Bill of Rights was added to the U.S.Constitution

A)as a symbol of America's English heritage.
B)to protect citizens from persecution by their state governments.
C)to win friends among enlightened nations abroad.
D)to keep the national government from infringing on individual rights.
E)All of the above

Question 25

In the Fifth Amendment there is a clause limiting the power of the national government.It is called the

A)establishment clause.
B)free service clause.
C)due process clause.
D)civil disobedience clause.
E)free exercise clause.

Question 26

___________ are the constitutional rights of all persons, not just citizens, to due process and the equal protection of the laws the constitutional right not to be discriminated against by governments because of race, ethnic background, religion, or gender.

A)Civil rights
B)Civil liberties
C)Due process rights
D)Bill of Rights
E)Free exercise rights

Question 27

When the government takes private property for public use, it must provide compensation.

Question 28

Originally, the Bill of Rights was intended to limit the power of ___________________ governments.

A)state
B)local
C)national
D)both the state and national
E)foreign

Question 29

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local government is known as

A)blanket incorporation.
B)retroactive incorporation.
C)proactive incorporation.
D)selective incorporation.
E)prescript incorporation.

Question 30

The right to privacy is found in the First Amendment of the U.S.Constitution.

Question 31

All of the following are rights listed in the original Constitution EXCEPT

A)habeas corpus.
B)prohibition of ex post facto laws.
C)prohibition of titles of nobility.
D)protection against the impairment of contracts.
E)protection against defamation of character.

Question 32

In what landmark case was the U.S.Constitution interpreted to protect freedom of speech from abridgment by state and local governments?

A)Lemon v.Kurtzman
B)Gitlow v.New York
C)Miller v.California
D)Roe v.Wade
E)Zelman v.Simmons-Harris

Question 33

Gitlow v.New York was a revolutionary decision because it protected

A)freedom of speech from violations by state and local governments.
B)freedom of speech from violations by the national government.
C)freedom to bear arms from violations by state and local governments.
D)freedom to bear arms from violations by the national government.
E)free exercise of religion by all religious denominations.

Question 34

The framers of the Constitution believed that certain individual rights needed to be spelled out in the Constitution.Of particular importance were the rights of the accused.Which of the following represent legal protections the framers thought were important?

A)Habeas corpus
B)Prohibition of ex post facto laws
C)Bills of attainder
D)All of the above
E)All of the above, except A

Question 35

Civil liberties are

A)the constitutionally protected freedoms of all persons against governmental restraint of the freedoms of conscience, religion, and expression.
B)the constitutional rights of all persons, not just citizens, to due process and the equal protection of the laws the constitutional right not to be discriminated against by governments because of race, ethnic background, religion, or gender.
C)granted by governments and may be subject to conditions or restrictions.
D)stated in the Fifth and Fourteenth Amendments.
E)Both B and C are correct

Question 36

Fighting words by their very nature inflict injury on those to whom they are addressed, or incite them to acts of violence.

Question 37

The Fifth Amendment presents a complex area of the law that includes many possible exceptions to the warrant requirement.

Question 38

A criminal who pleads guilty to an offense that is lesser than the one with which he had been charged is said to have engaged in plea bargaining.

Question 39

Hamdan v.Rumsfeld underscored the fundamental nature of

A)due process.
B)ex post facto laws.
C)writs of habeas corpus.
D)the free exercise clause.
E)the establishment clause.

Question 40

Due process is a constitutional requirement that governments proceed by proper methods and limit the exercise of their power.

Question 41

What is an interpretation of the First Amendment that holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do?

A)Prior restraint
B)Bad tendency test
C)Clear and present danger test
D)Non-protected speech
E)Preferred position doctrine

Question 42

What type of speech are we talking about when we address the quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value?

A)Commercial speech
B)Fighting words
C)Libel
D)Free assembly
E)Obscenity

Question 43

When we speak of laws that apply to all kinds of speech and to all views, not just that which is unpopular or divisive, we are referring to what?

A)Prior restraint
B)Bad tendency test
C)Clear and present danger test
D)Non-protected speech
E)Content or viewpoint neutrality

Question 44

Libel is

A)spoken defamation of character.
B)valid only when it is applied to specific individuals in government.
C)subject to tests of truth.
D)written defamation of another person.
E)generally applied in cases in which private citizens criticize public officials.

Question 45

What clause in the First Amendment states that Congress shall make no law respecting the creation of a state religion?

A)establishment clause
B)free service clause
C)due process clause
D)civil disobedience clause
E)free exercise clause

Question 46

The clear and present danger test is an interpretation of which Amendment, holding that the government cannot interfere with speech unless the action that will come of such speech leads to evil or illegal act?

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

Question 47

Which of the below holds that the government cannot interfere with speech unless the action that will come of such speech leads to an evil or illegal act?

A)Prior restraint
B)Bad tendency test
C)Clear and present danger test
D)Non-protected speech
E)Preferred position doctrine

Question 48

Which Supreme Court Justice said of obscenity: "I know it when I see it"?

A)Justice Potter Stewart
B)Justice John Marshall Harlan
C)Justice Clarence Thomas
D)Justice Antonin Scalia
E)Justice Sandra Day O'Connor

Question 49

What clause in the First Amendment states that no government can compel us to accept any creed or to deny us any right because of what we do or do not believe?

A)establishment clause
B)free service clause
C)due process clause
D)civil disobedience clause
E)free exercise clause

Question 50

A general definition of obscenity includes all of the following EXCEPT that it

A)lacks political or scientific value.
B)appeals to prurient interests.
C)lacks serious literary or artistic value.
D)offends women.
E)None of the above

Question 51

In the court case of 44 Liquormart, Inc.v.Rhode Island (1996), the U.S.Supreme Court struck down a law forbidding

A)the sale of alcohol to minors.
B)the sale of cold six-packs for immediate consumption.
C)advertising the price of alcoholic drinks.
D)consumption of alcoholic beverages while operating a vehicle.
E)the sale of alcohol on Sunday.

Question 52

Which of the following receives less First Amendment protection in order to discourage misinformation?

A)Commercial speech
B)Fighting words
C)Libel
D)Free assembly
E)Obscenity

Question 53

What is an interpretation of the First Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action?

A)Prior restraint
B)Bad tendency test
C)Clear and present danger test
D)Non-protected speech
E)Preferred position doctrine

Question 54

The Federal Communications Commission (FCC) does all of the following EXCEPT

A)grant licenses for limited periods.
B)regulate the use of publicly owned airwaves.
C)impose fines when indecent language is used on public airways.
D)require that programming like Playboy be blocked by operators.
E)All of these are done by the FCC

Question 55

The Reno v.ACLU (1997) ruling dealt with First Amendment protection for the

A)Internet.
B)clergy.
C)press.
D)right of protest.
E)radio.

Question 56

Dr.Martin Luther King is most closely associated with

A)civil disobedience.
B)Internet freedom.
C)a crusade against bills of attainder.
D)shield laws.
E)Both A and D are correct

Question 57

"The quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value." What is this passage referring to?

A)Commercial speech
B)Fighting words
C)Libel
D)Free assembly
E)Obscenity

Question 58

What is it called when censorship is imposed before a speech is made or a newspaper is published?

A)Prior restraint
B)Bad tendency test
C)Clear and present danger test
D)Non-protected speech
E)Preferred position doctrine

Question 59

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." In what amendment can this phrase be found?

A)Fourteenth
B)Fourth
C)First
D)Third
E)Fifth

Question 60

Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence refer to which of the following?

A)Commercial speech
B)Fighting words
C)Libel
D)Symbolic speech
E)Obscenity

Question 61

While the government may not censor what can be said, it can regulate protests and parades.It can make regulations regarding

A)the time of the parade or protest.
B)the place of the parade or protest.
C)the manner of the parade or protest.
D)None of the above
E)All of the above

Question 62

Deliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition is an example of

A)civil disobedience.
B)freedom of expression.
C)a crusade against bills of attainder.
D)shield laws.
E)free choice.

Question 63

According to the Lemon test, in order to be constitutional, a law or public act must

A)have a secular purpose.
B)have a primary effect that neither advances nor inhibits religion.
C)not result in excessive governmental entanglement with religion.
D)All of the above
E)All of the above except B

Question 64

Freedom of religion is protected by all of the following EXCEPT

A)barring laws that would encourage an establishment of religion.
B)allowing free exercise of religion.
C)disallowing Americans to hold any religious belief they choose.
D)the Supreme Court's desire to encourage the states to maintain a position of neutrality toward religion.
E)All of the above protect freedom of religion

Question 65

The government can lawfully prevent a political rally from taking place

A)under no circumstances: people have an unconditional right to express their views.
B)when the rally would cost government money because of the need for police protection.
C)when the views of those holding the rally are unpopular.
D)when it can demonstrate clearly that a non-preventable evil will result if the rally is held.
E)None of the above

Question 66

The Bill of Rights guarantees religious liberty for

A)Christians.
B)Muslims.
C)Jews.
D)atheists.
E)All of the above

Question 67

Of all forms of government interference with expression, judges are most suspicious of those that

A)trespass on First Amendment freedoms.
B)limit freedom of speech of any kind.
C)impose prior restraints on publication.
D)impose a posteriori restraints.
E)All of the above

Question 68

In response to the authority of the Church of England, the framers wrote the establishment clause.What did this clause guarantee with regard to religion?

A)Separation of church and state
B)Government sponsorship of religion
C)Financial support by government of religion
D)Governmental involvement in religious matters
E)All of the above

Question 69

The burning of an American flag as a means of political protest has recently been ruled

A)a matter for local courts only.
B)an issue that does not come under the Court's jurisdiction.
C)symbolic speech, which is protected by the First Amendment.
D)non-protected speech.
E)None of the above

Question 70

The free exercise clause of the First Amendment refers to

A)abortion rights.
B)religious rights.
C)voting rights.
D)assembly rights.
E)speech rights.

Question 71

To be subject to sanctions, fighting words must

A)create anger, alarm, or resentment.
B)incite acts of violence.
C)be based on gender.
D)be based on race, ethnicity, or religion.
E)None of the above

Question 72

All of the following are forms of unprotected speech EXCEPT

A)libel.
B)obscenity.
C)symbolic speech.
D)commercial speech.
E)fighting words.

Question 73

Justice Holmes's clear and present danger test holds that government can

A)restrict speech that threatens national security.
B)restrict any speech of an inflammatory nature.
C)imprison political dissidents during time of war without following normal procedures.
D)engage in prior restraint of the press whenever.
E)All of the above

Question 74

Printed words that are known to be false and harmful to an individual's reputation are an example of

A)slander.
B)libel.
C)obscenity.
D)blasphemy.
E)rabble-rousing.

Question 75

The bad tendency doctrine gives to __________ the power to decide what kinds of speech can be outlawed.

A)courts
B)the people
C)legislatures
D)chief executives
E)bureaucrats

Question 76

In Miller v.California, the Court defined obscenity

A)on the basis of the community, given contemporary standards, finding something of prurient sexual interest.
B)as something that depicts or describes in a patently offensive way sexual conduct specifically define by the applicable law.
C)as a work that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
D)A, B, and C are correct.
E)None of these; the Court has refused to define obscenity

Question 77

Government prohibition of a speech or publication before it is made or published is referred to as

A)prior restraint.
B)judicial review.
C)sedition.
D)exclusion.
E)sequestering.

Question 78

Regarding the issue of obscenity, since the 1970s the Supreme Court has ruled all the following EXCEPT

A)obscenity is a form of expression that cannot be restricted.
B)obscenity must be judged by contemporary community standards.
C)it is a crime for people to possess pornographic photographs of children in their own home.
D)cable channel operators cannot censor content on public access channels made available at no charge to community groups.
E)All of the above have been ruled

Question 79

The Supreme Court has ruled that flag burning

A)is not an imminent danger to public safety.
B)is symbolic speech.
C)cannot, although offensive, be prohibited.
D)All of the above
E)All of the above, except C

Question 80

One limit on the freedom of assembly is

A)at the meeting, a person may only discuss the positive aspects of our government.
B)the meeting must remain peaceful.
C)people cannot discuss their religious beliefs with one another.
D)meetings can only be held during daylight hours.
E)None of the above is a limit