Question 1

Inciting a crowd to violence is not protected speech because it can lead to which of the following?

Accepted Answer

Inciting a crowd to violence can lead to imminent lawless action, and the Supreme Court has ruled that such speech is not protected under the First Amendment.

Question 2

What did Thomas Jefferson call the purpose of the establishment clause?

Accepted Answer

Thomas Jefferson called the purpose of the establishment clause "a wall of separation" between church and state, indicating that the government should not establish or favor any particular religion.

Question 3

Which part of the First Amendment prevents Congress from supporting one religion as the nation's official religion?

Accepted Answer

The Establishment Clause of the First Amendment prevents Congress from establishing or supporting one religion over others as the nation's official religion. This clause ensures the separation of church and state and protects religious freedom for all individuals.

Question 4

Which of the following terms refers to either knowledge of a defamatory statement's falsity or a reckless disregard for the truth?

Accepted Answer

Actual malice refers to either knowledge of a defamatory statement's falsity or a reckless disregard for the truth. Libel and slander are types of defamation, symbolic speech involves nonverbal communication such as using gestures or clothing to express ideas, and prior restraint refers to restrictions placed on speech before it is expressed.

Question 5

Where did the phrase "wall of separation between church and state" originate?

Accepted Answer

The phrase "wall of separation between church and state" originated in a letter written by Thomas Jefferson to the Danbury Baptist Association in 1802. It is not found in the First Amendment, Bill of Rights, or Declaration of Independence. While Ben Franklin was present during the writing of these documents, he did not originate the phrase.

Question 6

The free exercise clause, protecting freedom of religious practice, is found in which amendment to the Constitution?

Accepted Answer

The free exercise clause, protecting freedom of religious practice, is found in the First Amendment to the Constitution.

Question 7

What is the constitutional protection that ensures unqualified religious freedom?

Accepted Answer

The free exercise clause, found in the First Amendment to the US Constitution, protects the right of individuals to practice their religion without government interference or persecution. This protection extends to all religious beliefs and practices, even those that may be unpopular or controversial. Freedom of association and symbolic speech are also protected under the First Amendment, but they do not directly guarantee unqualified religious freedom. The clear and present danger test and elastic clause deal with other aspects of constitutional law.

Question 8

The case of New York Times v. United States was responsible for which of the following?

Accepted Answer

The case of New York Times v. United States, also known as the Pentagon Papers case, affirmed the no-prior-restraint doctrine, which means that the government cannot prevent the publication of information except under certain circumstances, such as a threat to national security. The case did not uphold the government's right to control what information the public could have about Vietnam, nor did it punish the New York Times for publishing secret documents. It also did not involve the free speech of students in public schools.

Question 9

Which of the following clauses or doctrines prohibits the national government from supporting an official religion?

Accepted Answer

The Establishment clause is part of the First Amendment to the Constitution and prohibits the government from establishing or supporting an official religion.

Question 10

Which of the following best exemplifies the free exercise clause of the U.S. Constitution?

Accepted Answer

The free exercise clause of the U.S. Constitution guarantees that individuals have the right to practice their religion without government interference. Separation of church and state exemplifies this by ensuring that government institutions do not endorse or promote any particular religion.

Question 11

The establishment clause of the First Amendment does which of the following?

Accepted Answer

The establishment clause of the First Amendment prohibits the government from sponsoring or supporting any particular religion or religious activity.

Question 12

Which constitutional clause prevents the government from interfering with religious practice?

Accepted Answer

The Free Exercise clause in the First Amendment of the U.S. Constitution prevents the government from interfering with the free practice of religion.

Question 13

What must be proved for a public figure to obtain a damage award under libel laws?

Accepted Answer

In order for a public figure to obtain a damage award under libel laws, they must prove that the statement in question contained a reckless disregard for the truth. This is known as the "actual malice" standard, which is higher than the standard required for private individuals. It means that the person making the statement knew or should have known it was false and published it with the intent to harm or with reckless disregard for the truth.

Question 14

For states to pass a law that also happens to restrict religious practices, the law must have what type of aim or purpose?

Accepted Answer

The best choice is E, which is secular. The purpose of the law must be secular, or non-religious, in order to restrict religious practices. This is because laws that specifically target a certain religion are considered discriminatory and violate the First Amendment's protection of religious freedom. By having a secular purpose, the law can be neutral and apply to all citizens, regardless of their religious beliefs.

Question 15

What First Amendment test requires the state to prove there is a high likelihood that the speech in question would lead to a danger that Congress has the right to prevent?

Accepted Answer

The clear and present danger test was established by the Supreme Court in 1919 in Schenck v. United States. It requires the state to prove that the speech in question poses a clear and present danger of imminent lawless action, and that such danger cannot be prevented by other means. This test is applied when the speech in question is not protected by the First Amendment, such as speech that incites violence, creates a threat to national security, or advocates for the overthrow of government.

Question 16

Which of the following terms is used for certain types of nonverbal activities, such as flag burning or students wearing black armbands to school that the Supreme Court has ruled were protected under the First Amendment?

Accepted Answer

Symbolic speech or expression is the term used for nonverbal activities that convey a particular message or viewpoint, such as flag burning or wearing black armbands to school. The Supreme Court has ruled that this type of expression is protected under the First Amendment as a form of free speech.

Question 17

To what does prior restraint refer?

Accepted Answer

Prior restraint refers to restraining an activity, such as expression, before that activity has actually occurred. It is a prevention measure used to try to prevent harm or negative effects from occurring, but can potentially violate First Amendment rights.

Question 18

Which of the following tests did the Supreme Court create in 1971 to determine if a law violated the establishment clause?

Accepted Answer

The Supreme Court created the Lemon test in 1971 to determine if a law violated the establishment clause. The Lemon test has three parts: the law must have a secular purpose, the law's primary effect must neither advance nor inhibit religion, and the law must not create an excessive entanglement between government and religion.

Question 19

The Lemon test includes determining whether a law does which of the following?

Accepted Answer

The Lemon test, established by the Supreme Court in Lemon v. Kurtzman (1971), is used to determine if a law violates the Establishment Clause of the First Amendment. One of the criteria is that the government's action must not have the primary effect of either advancing or inhibiting religion, hence why option D is correct.

Question 20

Which of the following best describes the importance of religion to Americans compared to people in Western Europe?

Accepted Answer

Religion is generally considered much more important to Americans compared to people in Western Europe, where secularism is more prevalent.

Quiz 15: Order and Civil Liberties