Question 1

In Roth v.United States,the Supreme Court held that

Accepted Answer

The Supreme Court held in Roth v. United States that obscenity is not protected by the First Amendment's guarantee of freedom of speech and press. This decision established the three-part test for determining whether material is obscene or not, known as the Miller test.

Question 2

Government recognition of a national or official religion is prohibited by the

Accepted Answer

The establishment clause, found in the First Amendment of the US Constitution, prohibits the government from establishing an official state religion or promoting one religion over others. This means that the government cannot officially recognize or favor a particular religion.

Question 3

Which of the following is a form of symbolic speech?

Accepted Answer

Burning the American flag, parades, and wearing an armband are all forms of symbolic speech. Burning the American flag is a controversial form of expression that has been protected by the First Amendment as a form of symbolic speech. Parades, such as political rallies and demonstrations, often involve visual symbols and messages. Wearing an armband, such as a black armband to protest US military action, is also a form of symbolic speech. Therefore, all of these options are correct.

Question 4

In Lemon v.Kurtzman,the Supreme Court established that aid to church-related schools must do all of the following EXCEPT

Accepted Answer

The Supreme Court established that aid to church-related schools must have a secular purpose, not advance religion, not create excessive government entanglement with religion, and treat all religions equally. However, inhibiting religion was not one of the requirements established in Lemon v. Kurtzman.

Question 5

In the case of Schenck v.United States in 1919,Justice Holmes declared that government can limit speech if that speech provokes

Accepted Answer

Justice Holmes declared that the government can limit speech if that speech provokes a clear and present danger. This principle remains a crucial part of the First Amendment, allowing limits on free speech if it creates an imminent threat or danger to society. The other options (libel, public demonstrations in opposition to the government, obscenity, and prior restraint) are also areas where the government can regulate or limit speech, but they were not specifically addressed in the Schenck case.

Question 6

In its Near v.Minnesota decision of 1931,the Supreme Court ruled that

Accepted Answer

The Near v. Minnesota decision of 1931 established that state governments could not use prior restraint to shut down an outspoken newspaper. Prior restraint refers to government action that prevents the publication of information before it is printed or distributed. The Supreme Court held that prior restraint violated the First Amendment's protection of freedom of the press. This decision was an important landmark in the development of free speech and press rights in the United States.

Question 7

The right to assemble and the right to associate with people who share a common interest are protected by the ________ Amendment.

Accepted Answer

The First Amendment protects the right to assemble and to associate with others for expressive purposes or the advocacy of ideas. This includes the right to join groups or organizations, such as political parties or social clubs, and the right to hold peaceful demonstrations or protests. The Second Amendment protects the right to bear arms, the Fifth and Eighth Amendments protect against self-incrimination and cruel and unusual punishment, respectively, and the Tenth Amendment reserves powers not delegated to the federal government to the states or to the people.

Question 8

Advertising is considered a form of ________ and,according to the decisions of the Supreme Court,is subject to greater restrictions on free speech than religious or political speech.

Accepted Answer

Advertising is considered commercial speech, which is a form of expression related solely to the economic interests of the speaker and its audience. The Supreme Court has held that commercial speech is subject to greater regulation and restrictions than non-commercial speech, such as religious or political speech.

Question 9

In Dennis v.United States,the Supreme Court

Accepted Answer

The Supreme Court in Dennis v. United States upheld the convictions of Communist Party officials under the Smith Act, which made it illegal to advocate the overthrow of the government by force.

Question 10

The two clauses of the First Amendment regarding religion and government are commonly referred to as

Accepted Answer

The two clauses of the First Amendment regarding religion and government are commonly referred to as the establishment clause and the free exercise clause. The establishment clause prohibits the government from establishing an official religion or favoring one religion over another, while the free exercise clause ensures that individuals have the right to practice their religion without government interference.

Question 11

In the Lemon v.Kurtzman decision of 1971,the Supreme Court ruled that

Accepted Answer

The Lemon v. Kurtzman decision of 1971 established the "Lemon test" for determining whether government aid to religious organizations was constitutional or not. The Supreme Court ruled that aid to church-related schools must be for secular purposes only and cannot be used to advance or inhibit religion. This ruling demonstrated that aid to religious organizations was not fully unconstitutional but had certain limitations.

Question 12

In the case of New York Times v.Sullivan (1964),the Supreme Court ruled that

Accepted Answer

The New York Times v. Sullivan case established the "actual malice" standard for defamation claims by public officials. This means that public officials must prove that statements made about them were made with "actual malice," meaning with knowledge of their falsity or with reckless disregard for the truth. This ruling significantly increased the protections for freedom of the press and made it more difficult for public officials to sue for defamation.

Question 13

The Supreme Court rulings in Agnostini v.Felton (1997)and Zelman v.Simmons-Harris (2002)together exemplify a(n)

Accepted Answer

The rulings in Agnostini v. Felton and Zelman v. Simmons-Harris loosened regulations on government aid to parochial schools by allowing public funds to be used for programs that benefit students attending religious schools. Agnostini v. Felton overturned a previous Supreme Court ruling that prohibited public funds from being used to pay for public school teachers to provide instruction to students attending religious schools. Zelman v. Simmons-Harris upheld an Ohio voucher program that provided public funds for students to attend private schools, including religious schools.

Question 14

In Miami Herald Publishing Company v.Tornillo (1974),the Court

Accepted Answer

The Supreme Court voided a Florida state law that required newspapers to provide space for political candidates to reply to newspaper criticism in Miami Herald Publishing Company v. Tornillo (1974). The Court held that the law violated the First Amendment rights of newspapers by compelling speech and imposing a burden on their editorial judgment.

Question 15

In ________,the Court clarified its doctrine of what was obscene,including such gauges as whether material appealed to merely a prurient interest in sex,and whether it lacked serious artistic,literary,political,or scientific merit.

Accepted Answer

The case referred to in the question is Miller v. California, as it dealt with defining what constituted obscenity and established a three-pronged test known as the "Miller test," which included determining whether the material lacked serious artistic, literary, political, or scientific value. The other cases listed were unrelated to this issue.

Question 16

The principle that statements about public figures are libelous only if made with malice and reckless disregard for the truth was established in

Accepted Answer

The principle that statements about public figures are libelous only if made with malice and reckless disregard for the truth was established in New York Times v. Sullivan.

Question 17

The abridgment of citizens' freedom to worship,or not to worship,as they please is prohibited by the

Accepted Answer

The free exercise clause of the First Amendment prohibits the government from curtailing the freedom of citizens to practice their religion or not practice any religion at all. This clause protects individuals from being forced to follow a particular religious faith or in not being restricted in their religious beliefs and practices.

Question 18

In the Engel v.Vitale case of 1962,the Supreme Court ruled that ________ was (were)unconstitutional.

Accepted Answer

The Engel v. Vitale case of 1962 dealt specifically with prayers done as classroom exercises in public schools. The Supreme Court ruled that such prayers were unconstitutional because they violated the Establishment Clause of the First Amendment, which prohibits the government from establishing or promoting a particular religion.

Question 19

The rights of protestors demonstrating outside abortion clinics concern which of the following freedoms?

Accepted Answer

The freedom of assembly allows individuals to peacefully gather and protest in public spaces, such as outside of abortion clinics. This right is protected under the First Amendment of the US Constitution.

Question 20

Which of the following elements of the Bill of Rights was extended to the states by the Supreme Court case of Near v.Minnesota?

Accepted Answer

The Supreme Court case of Near v. Minnesota extended the freedom of the press protection to the states. The case determined that a state law that allowed for prior restraint on a newspaper's publication violated the First Amendment's protections for freedom of the press.

Quiz 4: Civil Liberties and Public Policy