Question 1

Which branch of government did the framers of the Constitution seek to restrict in power with the Bill of Rights?

Accepted Answer

The Bill of Rights was added to the Constitution to restrict the power of the national government, specifically to protect the individual liberties of American citizens. It does not restrict the power of state or local governments, as originally intended by the Founding Fathers.

Question 2

________ established the bad tendency test, which made it easier to punish citizens for speech content.

Accepted Answer

A

Question 3

Which of the following forms of opinion-based communication is/are protected by the Constitution?

Accepted Answer

All of the options listed are forms of opinion-based communication that are protected by the First Amendment of the Constitution, which guarantees freedom of speech and the press. Political participation, such as voting and engaging in political campaigns, is also considered a form of protected speech. Therefore, all of the choices are correct.

Question 4

Which legal case established the clear and present danger test in relation to free speech?

Accepted Answer

The clear and present danger test was established in the 1919 case of Schenck v. United States. This test held that restrictions on free speech were justified if the speech posed a clear and present danger to national security or public safety.

Question 5

False written statements that harm the reputation of another person are known as

Accepted Answer

False written statements that harm the reputation of another person are known as libel. Slander refers to false spoken statements, whereas obscenity and fighting words are types of speech that are not protected under the First Amendment.

Question 6

Which of the following Bill of Rights protections has/have NOT been extended to the state level?

Accepted Answer

The answer of Which of the following Bill of Rights...

Question 7

A legal safeguard that prevents the government from arbitrarily depriving citizens of life, liberty, or property is a

Accepted Answer

The answer of A legal safeguard that prevents the government...

Question 8

Which legal case concerned the burning of the American flag and led to a series of legal challenges?

Accepted Answer

Texas v. Johnson concerned the burning of the American flag as a form of political protest and led to a series of legal challenges regarding the First Amendment and freedom of speech.

Question 9

Which of the following pairs of terms are considered interchangeable?

Accepted Answer

The answer of Which of the following pairs of terms...

Question 10

During the Civil War, which legal right did President Abraham Lincoln suspend as a means of silencing political dissidents?

Accepted Answer

President Lincoln suspended the writ of habeas corpus, which allows individuals to challenge their imprisonment in court. This meant that people could be arrested and detained without any legal recourse or trial, which effectively silenced political dissent.

Question 11

Which concept argues that true and free political discourse requires a forum for free and unrestrained political discussion?

Accepted Answer

The concept that argues that true and free political discourse requires a forum for free and unrestrained political discussion is the marketplace of ideas. This concept suggests that in order for society to arrive at the truth, all ideas must be heard and debated freely.

Question 12

The conflict between the Constitution's competing goals of protecting freedom and ensuring order is most evident in which of the following?

Accepted Answer

The Alien and Sedition Acts, passed in 1798, limited the civil liberties of immigrants and restricted freedom of speech by making it illegal to criticize the government. This conflict between protecting freedom of speech and ensuring order through government control and censorship highlights the tension between the two goals in the Constitution.

Question 13

The Supreme Court has selectively incorporated some of the Bill of Rights and applied them to state action through the

Accepted Answer

The Fourteenth Amendment has been used to selectively incorporate certain provisions of the Bill of Rights and apply them to state action. This process is known as selective incorporation, and it has been used to incorporate provisions such as the First Amendment's protection of free speech and the Second Amendment's right to bear arms, among others.

Question 14

Which of the following protects an individual from being held in custody without the right to be heard in a court of law?

Accepted Answer

Habeas corpus is a legal action that requires a person under arrest to be brought before a judge or into court. It ensures that individuals cannot be held in custody without being given a fair and legal trial.

Question 15

Which 1969 legal case marked a reversal of the Supreme Court's traditional position and also saw the establishment of the imminent lawless action test?

Accepted Answer

Brandenburg v. Ohio marked a reversal of the Supreme Court's traditional position and established the imminent lawless action test, which refined the clear and present danger test. This case ruled that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action.

Question 16

Which means of political expression is guaranteed under the Constitution?

Accepted Answer

All of the choices listed (speech, assembly, petition, and the press) are explicitly protected by the First Amendment of the United States Constitution as means of political expression.

Question 17

Picketing, flag burning, or wearing an armband are all examples of

Accepted Answer

Picketing, flag burning, or wearing an armband are all examples of symbolic speech. This type of speech involves using actions or symbols (rather than words) to convey a particular message or opinion.

Question 18

Which piece of legislation barred individuals from advocating or teaching the overthrow of the United States?

Accepted Answer

The Smith Act, also known as the Alien Registration Act of 1940, made it a criminal offense for anyone to advocate or teach the violent overthrow of the United States government. The act was primarily used to prosecute members of the Communist Party in the United States during the Cold War era. The other options listed, such as the Alien and Sedition Acts, the Morrell Act, the Patriot Act, and the Foreign Intelligence Surveillance Act, do not specifically address the issue of advocating or teaching the violent overthrow of the U.S. government.

Question 19

The freedoms contained in the Bill of Rights are

Accepted Answer

The Bill of Rights contains broad principles that guide the interpretation of specific rights and freedoms, rather than specific rules or incontrovertible statements.

Question 20

The first ________ amendments to the Constitution explicitly limited the power of legislative, executive, and judicial branches of the national government.

Accepted Answer

The first ten amendments to the Constitution are known as the Bill of Rights and they explicitly limit the power of the legislative, executive, and judicial branches of the national government.

Quiz 4: Civil Liberties