Question 1

Government officials are granted a search warrant only when they can show probable cause to believe that the search will turn up the specified evidence of criminal activity.

Accepted Answer

This statement is true. Probable cause is a legal standard that must be met before a search warrant can be issued. It requires that government officials have reasonable grounds to believe that evidence of criminal activity will be found in the place to be searched.

Question 2

Intermediate scrutiny is applied when the classification is based on a protected class other than race, color, or national origin.

Accepted Answer

Intermediate scrutiny is applied to classifications based on protected classes such as gender or age, which are not included in strict scrutiny. Strict scrutiny only applies to classifications based on race, color, or national origin.

Question 3

When a law is passed that will restrict individuals' liberty or their use of their property, the government must have a proper purpose for the restriction, or it violates procedural due process.

Accepted Answer

The requirement for a proper purpose relates to substantive due process, not procedural due process. Procedural due process focuses on the procedures that the government must follow before depriving someone of life, liberty, or property.

Question 4

The rights protected by the First Amendment to the U.S. Constitution are absolute.

Accepted Answer

The rights protected by the First Amendment are not absolute and can be restricted by the government for reasons such as national security, public safety, and protection of other rights. Examples of such restrictions include limitations on free speech in cases of hate speech or obscenity, and reasonable time, place, and manner restrictions on protests and demonstrations.

Question 5

Strict scrutiny is used when a government activity classifies people based on their belonging to a suspect class.

Accepted Answer

This is correct. Strict scrutiny is a judicial standard used to determine the constitutionality of laws or government actions that classify people based on their belonging to a suspect class such as race, national origin, or religion. It requires the government to show that the classification serves a compelling governmental interest and is narrowly tailored to achieve that interest.

Question 6

Explain why the U.S. Supreme Court held that the Communications Decency Act (CDA) and the Child Online Protection Act (COPA) were unconstitutional.

Accepted Answer

The answer of Explain why the U.S. Supreme Court held...

Question 7

The First Amendment to the U.S. Constitution protects corporate political speech, but not corporate commercial speech.

Accepted Answer

The First Amendment protects both corporate political speech and corporate commercial speech. However, commercial speech does receive less protection than political speech.

Question 8

Explain with examples the extent to which student speech is protected by the First Amendment to the U.S. Constitution's right to free speech.

Accepted Answer

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Question 9

Procedural due process requires that a criminal whose life, liberty, or property would be taken by a conviction be given a fair trial.

Accepted Answer

Procedural due process guarantees individuals a fair trial and protects them from arbitrary or unreasonable government action. This includes providing notice of charges, the right to an attorney, the right to confront witnesses, and the right to appeal. It applies to criminal cases as well as civil cases where a person's property or other rights are at stake.

Question 10

The First Amendment to the U.S. Constitution prohibits the government from aiding the establishment of a religion.

Accepted Answer

The First Amendment states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This means that the government cannot favor one religion over another or promote religion in general.

Question 11

The U.S. Supreme Court ruled that the Child Online Protection Act was unconstitutional.

Accepted Answer

The Child Online Protection Act was ruled unconstitutional by the U.S. Supreme Court in 2004.

Question 12

Explain the circumstances under which a warrantless search is considered reasonable in an industry.

Accepted Answer

The answer of Explain the circumstances under which a warrantless...

Question 13

Explain the two types of due process.

Accepted Answer

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Question 14

An individual's freedom of speech extends to making false statements about another that would be injurious to that person's reputation.

Accepted Answer

Freedom of speech does not protect individuals from making false statements about another that could harm their reputation. This is known as defamation or slander, and can result in legal consequences.

Question 15

The Due Process Clause of the U.S. Constitution has been applied to such diverse situations as the termination of welfare benefits, the discharge of a public employee from his or her job, and the suspension of a student from school.

Accepted Answer

The Due Process Clause of the U.S. Constitution has been applied in various situations, including those mentioned in the statement.

Question 16

What were the cases that led to corporate political speech being considered protected speech?

Accepted Answer

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Question 17

Which of the following statements is true of the Equal Protection Clause of the U.S. Constitution?

Accepted Answer

The rational basis test is applied when there is no class-based suspect classification, which is the least stringent form of judicial review under the Equal Protection Clause.

Question 18

The U.S. Supreme Court has ruled that corporate funding of independent political broadcasts in candidate elections is illegal.

Accepted Answer

The U.S. Supreme Court ruled in the 2010 case of Citizens United v. Federal Election Commission that corporate funding of independent political broadcasts in candidate elections is legal.

Question 19

The provisions of the Communications Decency Act were deemed unconstitutional as they repressed the speech that adults have the right to make.

Accepted Answer

The provisions of the Communications Decency Act were deemed unconstitutional by the U.S. Supreme Court in 1997 for violating the First Amendment's guarantee of free speech. The court concluded that the provisions were overly broad and had the effect of restricting adults' access to protected speech online.

Question 20

Explain with an example how the First Amendment to the U.S. Constitution may prevent the government from compelling individuals to express certain views.

Accepted Answer

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Quiz 5: Constitutional Principles