Lesson 5 Quiz Flashcards
In Miller v. California (1973), the Supreme Court created the modern set of criteria for determining what sexually explicitly materials may be legitimately subject to regulation. One of the criteria has become known as the ______ test.
SLAPS
The idea that free speech and expression is a means of achieving individual rights is an example of which theory justifying the high level of protection given to free expression?
self-fulfillment
Who makes the determination that a particular action or law is in violation of the free exercise clause of the First Amendment?
US Supreme Court
In Brandenburg v. Ohio (1969), the Supreme Court replaced the “clear and present danger” test with the _________ test.
imminent danger
The actual rights guaranteeing religious freedom ________________.
were intended to provide a limited barrier against the influence of Protestantism/ were described by Thomas Jefferson as creating a “wall of separation” between church and state/ did not become widespread until the latter half of the twentieth century
Based on the new standard for free speech created by the Court in Brandenburg v. Ohio (1969), _____________.
few of those convicted in the previous half-century for seditious speech could have been convicted under the new standard/ government must show that the speech is directed at inciting a lawless action/ government must show that there is an imminent threat that the speech will result in an illegal act/ government must show that the speech is likely to result in producing a lawless action
Which of the following best describes the “accommodationist ” position on church –state matters?
Government should hold a position of neutrality toward religion./ Government may provide funding for religious programs as long as it does so equally to all religions./ Government may aid religion so long as it does so fairly across different religions.
The legal standard that requires the government to attain a warrant demonstrating “probable cause” for any “search” that violates a person’s actual and reasonable expectation of privacy is called the _______________.
Katz test
Americans often hear the metaphor of a “wall of separation between church and state” when referring to the First Amendment’s right to freedom of religion. This metaphor is most attributed to which of the following?
in 1802 by President Thomas Jefferson, based in part on his fear of a national and official church
The “compelling state interest” test is a standard that _______________.
is determined by the Court/ requires government to show a program would be significantly undermined by providing religious exemptions/ the Court established in the case, Sherbert v. Verner/ was replaced in 1990 by the Smith case
In the twentieth century, the Supreme Court became increasingly more willing to protect individuals against intrusive state actions. What instrument gave the Supreme Court this authority?
the Fourteenth Amendment, which guaranteed due process of law by the states
Criminal laws that are retroactively applied to those who engaged in activities when they were not yet illegal are called _____________.
ex post facto laws
Which rights are based on human society and exist even in the absence of formal government?
natural rights
The Civil Rights Act of 1875 was a bold attempt by Congress to rectify discrimination through federal legislation. What was the ruling of the Supreme Court in 1883 (in The Civil Rights Cases) concerning this law?
The legislation was unconstitutional because it usurped state powers, so it could not be enforced
What were the “Black Codes” in the southern states following the Civil War?
laws passed in southern states, in response to the Thirteenth Amendment, in an attempt to deny African Americans numerous economic and social rights
