Chapter 4-8 and 10 Flashcards
The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by
A. actions of the president.
B. the actions of individuals.
C. actions of the federal government.
D. actions of state and local governments.
E. actions of the U.S. military.
D. actions of state and local governments.
The term civil liberties refers to specific individual rights that
A. apply in civil cases but not in criminal cases.
B. apply in civil cases but not in military ones.
C. are constitutionally protected from infringement by government.
D. are constitutionally protected from infringement by individuals.
E. are not covered by the First Amendment.
C. are constitutionally protected from infringement by government.
The individual right that is widely regarded as the most basic of individual rights is
A. the right to an attorney.
B. freedom of expression.
C. the right to a jury trial.
D. the right to an adequate education.
E. protection against illegal searches and seizures.
B. freedom of expression.
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 national security is at issue.
E. restrict speech that is disrespectful to specific classes of citizens.
A. restrict speech that threatens national security.
Like all other rights, the right of free expression is
A. spelled out in precise terms in the Bill of Rights.
B. not absolute.
C. fully respected by public officials.
D. protected from action by federal officials but not state officials.
E. None of these answers is correct.
B. not absolute.
The conviction of members of the U.S. Communist Party in the early 1950s was initially upheld as a lawful restriction of the right
A. not to incriminate oneself.
B. of free speech.
C. to a jury trial.
D. to confront one’s accusers in a court of law.
E. to worship any religion of choice.
B. of free speech.
Justice Stone argued in 1938 that
A. citizens should have priority over non-citizens in the legal system.
B. First Amendment rights are the basis of most other rights.
C. the interests of the majority are more important than the rights of the individual.
D. the requirements of national security take precedence over freedom of expression.
E. the Bill of Rights should be fully applied to the states.
B. First Amendment rights are the basis of most other rights.
The Supreme Court’s position on prior restraint of the press is that
A. national security needs are of highest priority.
B. only classified government documents are subject to prior restraint.
C. prior restraint can never be exercised by government.
D. prior restraint should apply only in rare circumstances, and it is better to hold the press responsible for what it has printed than to restrict what it may print.
E. prior restraint should be used fairly frequently in a democracy.
D. prior restraint should apply only in rare circumstances, and it is better to hold the press responsible for what it has printed than to restrict what it may print.
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 require unduly expensive police protection.
C. when the views of those holding the rally are unpopular.
D. when it can demonstrate that harmful acts will necessarily result from the rally.
E. None of these answers is correct.
D. when it can demonstrate that harmful acts will necessarily result from the rally.
The inclusion of certain provisions of the Bill of Rights in the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called A. the preferred position doctrine. B. procedural change. C. selective incorporation. D. the absorption doctrine. E. prior restraint.
C. selective incorporation.
Spoken words that are known to be false and harmful to a person's reputation are an example of A. libel. B. slander. C. blasphemy. D. obscenity. E. symbolic speech.
B. slander.
Which of the following is correct with regard to obscenity and the law?
A. Obscenity is not protected by the First Amendment.
B. Obscenity is never unlawful.
C. Child pornography is protected by the First Amendment.
D. Obscenity has been easy for courts to define with precision.
E. Obscenity is protected under the Ninth Amendment.
A. Obscenity is not protected by the First Amendment.
The establishment clause prohibits government from
A. establishing exceptions to the Bill of Rights.
B. establishing exceptions to the Fourteenth Amendment.
C. favoring one religion over another or supporting religion over no religion.
D. interfering with freedom of assembly.
E. interfering with the right to bear arms.
C. favoring one religion over another or supporting religion over no religion.
The Supreme Court upheld the use of tax-supported vouchers to attend private or parochial school in A. Engel v. Vitale. B. Griswold v. Connecticut. C. Zelman v. Simmons-Harris. D. Ashcroft v. Free Speech Coalition. E. Miller v. California.
C. Zelman v. Simmons-Harris.
According to the Supreme Court, prayer in public schools violates A. the free exercise clause. B. the establishment clause. C. the exclusionary rule. D. procedural due process. E. the clear and present danger test.
B. the establishment clause.
In 2007 the Supreme Court reversed its stance on partial-birth abortion, largely due to the replacement of Sandra Day O'Connor with A. Samuel Alito. B. Anthony Kennedy. C. Ruth Bader Ginsburg. D. William Rehnquist. E. Antonin Scalia.
A. Samuel Alito.
The exclusionary rule states that
A. federal law cannot be applied in state courts.
B. the laws of one state court cannot be applied in the courts of another state.
C. after seven years, the statute of limitations applies, except in murder cases.
D. evidence obtained illegally is inadmissible in court.
E. state law cannot be applied in federal courts.
D. evidence obtained illegally is inadmissible in court.
In Mapp v. Ohio, the selective incorporation process was extended to include A. criminal proceedings in the states. B. civil cases. C. pleas of insanity. D. children (minors) accused of crime. E. indigent litigants.
A. criminal proceedings in the states.
In the case of McNabb v. United States, Justice Felix Frankfurter defined the “history of liberty” primarily in terms of whether
A. governments had observed procedural guarantees.
B. those convicted are actually guilty.
C. those convicted have the opportunity for appeal.
D. those convicted are treated humanely while imprisoned.
E. everyone is treated fairly in every case.
A. governments had observed procedural guarantees.
Which of the following is true of the appeal process?
A. The Constitution guarantees at least one appeal after conviction, but many states continue to challenge this guarantee in court.
B. Both the federal and all state constitutions guarantee an appeal after conviction.
C. The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.
D. There are no guarantees of appeal at the federal or state level, but the appeal process has been effectively certified through common practice.
E. The guarantee of appeal in the states was established as part of selective incorporation as applied to the Fourteenth Amendment.
C. The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.
The Supreme Court has reasoned that a right of privacy is provided by
A. the Civil Rights Act of 1964.
B. the Ninth Amendment, which says that people’s rights are not limited to those enumerated in the Constitution.
C. the Tenth Amendment, which reserves to the people and the states those powers not granted to the federal government.
D. the implication of said right by the freedoms in the Bill of Rights.
E. the Civil Rights Act of 1991.
D. the implication of said right by the freedoms in the Bill of Rights.
The right to privacy was instrumental in which decision? A. Roe v. Wade B. Mapp v. Ohio C. Schenck v. United States D. Miranda v. Arizona E. New York Times Co. v. United States
A. Roe v. Wade
In Planned Parenthood v. Casey (1992), the justices
A. ruled that states are free to adopt abortion laws of their choosing.
B. reaffirmed the essential aspects of Roe v. Wade.
C. invoked the Ninth Amendment for the first time in an abortion decision.
D. invalidated the right to an abortion in the early months of pregnancy.
E. None of these answers is correct.
B. reaffirmed the essential aspects of Roe v. Wade.
In Bowers v. Hardwick (1986), the Supreme Court justices determined that
A. the right of privacy includes abortion in the early months of pregnancy.
B. search warrants are not needed in murder investigations.
C. freedom of speech and freedom of assembly sometimes conflict.
D. state militia members have the right to peacefully assemble.
E. the right to privacy does not include homosexual acts.
E. the right to privacy does not include homosexual acts.