Unit 2 Test Flashcards
Which of the following cases extended the exclusionary rule of evidence to include state law enforcement?
- Gideon v. Wainwright
- Miranda v. Arizona
- Baker v. Carr
- Mapp v. Ohio
Mapp v. Ohio
Prior restraint principle comes from which 1931 case?
- Hazelwood v. Kuhlmeier
- Milkovich v. Lorain Journal Co.
- Near v. Minnesota
- Miami Herald Publishing Co. v. Tornillo
Near v. Minnesota
A public school district implemented a policy that allowed students to vote on whether they wanted a student-led prayer to be read at football games. This policy was later found to be unconstitutional by the United States Supreme Court. Which of the following clauses did the policy most likely violate?
- The supremacy clause
- The establishment clause
- The free exercise clause
- The interstate commerce clause
The establishment clause
The Fourteenth Amendment’s incorporation of the Bill of Rights to apply to states has been selective rather than total because
- the guarantees of the Bill of Rights are not clear and indisputable
- state enforcement of criminal law should remain autonomous
- fundamental fairness was too subjective
- incorporation is too vague
state enforcement of criminal law should remain autonomous
In the Supreme Court case McDonald v. Chicago the Supreme Court incorporated the right to
- Retain a witness in your favor
- Keep and bear arms
- Speedy and public trials
- Grand juries
Keep and bear arms
The phrase “wall of separation” between church and state comes from
- the debates in the First Congress that drafted the Bill of Rights.
- the Bill of Rights.
- Thomas Jefferson.
- George Washington’s farewell address.
Thomas Jefferson
Which of the following statements are correct?
- The Bill of Rights was added after the Constitution was signed
- Initially, the Supreme Court refused to apply the first ten amendments to the states
- The first amendments that were applied to the states occured after the Civil War
- All of the statements are correct
All of the statements are correct
First Amendment protections include freedom of
- religion
- speech
- press
- all of the above
all of the above
The landmark first amendment case NY Times v. Sullivan gave increased protection to
- public officials
- public figures
- journalists
- private citizens who have been libeled
journalists
In what setting did the Hazelwood v. Kuhlemier case focus on?
- Private homes
- Public libraries
- School newspapers
- Social media
School newspapers
SCOTUS ruled in New York Times v. United States that the Nixon administration could not stop that newspaper from publishing the classified Pentagon Papers because that government action was
- Sedition
- Slander
- Libel
- Prior restraint
Prior restraint
What was the pivotal Supreme Court decision banning prayer in public schools?
- U.S. v. O’Brien
- Zelman v. Simmons-Harris
- Betts v. Brady
- Engel v. Vitale
Engel v. Vitale
What is the significance of the Chaplinsky v. New Hampshire case?
- It introduced the concept of symbolic speech.
- It expanded freedom of speech rights.
- It overturned the Bill of Rights.
- It established the ‘fighting words’ exception to free speech.
It established the ‘fighting words’ exception to free speech.
Which of the following was an incorporation case?
- City of Hamden, Connecticut v. Breitweiser
- Palko v. Connecticut
- Lee v. Weisman
- Alvarado v. Stone
Palko v. Connecticut
The Bill of Rights guaranteed rights and liberties for citizens by proscribing what the federal government could do. The Fourteenth Amendment brought those to state action through:
- incorporation
- legislation
- judicial review
- federalism
incorporation
The Supreme Court first applied First Amendment protections to the states in the Gitlow v. New York ruling by finding that:
states cannot limit religious activity without due process
states cannot automatically keep people from assembling
states cannot interfere with free speech
States cannot control the press
states cannot interfere with free speech
Branzburg v. Hayes limited the ___ of ___
religious activities of public schools
religious activities of public school students
press freedoms of journalists
press freedoms of student newspapers
press freedoms of journalists
In Palko v. Connecticut (1937) the Supreme Court began to apply rights to the states via
the shock-the-conscience test.
the notion of a reasonable person.
the principal of fundamental rights.
the individual liberties clause of the 14th Amendment
the principal of fundamental rights
What is the difference between civil rights and civil liberties?
- They are interchangeable with no difference.
- Rights are protections from government, and liberties are protections by government.
- The government may not take away citizens’ rights.
- Rights are protections by government, and liberties are protections from government.
Rights are protections by government, and liberties are protections from government.
Written defamation of character is known as
libel
slander
obscenity
incitement
libel
Miranda v. Arizona established that those accused of a crime have the Fifth Amendment right not to
have an unwarranted search of their property
go to trial without a jury
be forced to go to trial without an attorney
incriminate themselves
incriminate themselves
In McDonald v. Chicago (2010), the United States Supreme Court stated that, “self-defense is a basic right, recognized by many legal systems from ancient times to the present day” and that an individual’s right to bear arms was “deeply rooted in this Nation’s history and tradition.”
The quote points to which of the following amendments to the United States Constitution as a basis to limit state action?
The First Amendment
The Second Amendment
The Third Amendment
The Fourth Amendment
The Second Amendment
Chaplinsky’s case revolves around the balance between free speech and…
Economic interests.
Public order and the prorection of individuals rights.
Religious beliefs.
Political power.
Public order and the protection of individuals’ rights
A woman is arrested for possessing illegal substances that were obtained after a warrantless search of her home by local police. Which of the following best explains whether the evidence could be used in a criminal trial?
The due process rights of the Fifth Amendment require that the evidence be reviewed by the prosecution before belog admtted as evidence in court.
Since the evidence obtained suggests Illegal activity, the evidence may be used against the defendant in a
The evidence dees not fall under the exclusionary rule because it would lead to a conviction.
The exclusionary rule, derived from the Fourth Amendment, prevents the evidence from being used against the suspect
The exclusionary rule, derived from the Fourth Amendment, prevents the evidence from being used against the suspect
A false written statement is considered to be ______, while utterances that have the power to provoke individuals to acts of violence are considered ______
- libel, fighting words
- libel, defamation
- slander, defamation
- slander, libel
libel, fighting words
What was the outcome of the Hazelwood v. Kuhlmeier case?
Expanded student press rights
Banned book bans at public schools
Struck down all prior censorship laws
Ruled in favor of school censorship
Ruled in favor of school censorship
The Bush administration held that these whe were captured in Afghanistan and detained in military bases at Guantáname are
unlawful combatants.
citizens
diplomats.
soldiers
unlawful combatants
Miller v. California held that, instead of applying a broad definition of obscenity, _____ should be responsible for deciding what is obscene.
state and local governments
community boards
local courts
law enforcement in each case
state and local governments
Which test examines the constitutionality of obscene material
Schwab
Miller
Lemon
Crandall
Miller
Slander differs from libel in that it (slander) refers to
private individuals.
public officials.
written statements.
oral statements.
oral statements
Which of the following is an example of symbolic speech?
Waving a political sign
Singing the national anthem
Handing out pamphlets
Burning a draft card
Burning a draft card
“The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed to meet their legal obligation to participate in a well-regulated militia. Nothing better captured this constitutional ideal than the minuteman. Citizens had a legal obligation to outfit themselves with a musket at their own expense and were expected to turn out at a minute’s notice to defend their community, state, and eventually their nation.
Although each side in the modern debate claims to be faithful to the historical Second Amendment, a restoration of its original meaning, re-creating the world of the minuteman, would be a nightmare that neither side would welcome. It would certainly involve more intrusive gun regulation, not less… Gun control advocates might blanch at the notion that all Americans would be required to receive firearms training and would certainly look askance at the idea of requiring all able-bodied citizens to purchase their own military-style Assault weapons.”
Saul Cornell: A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press, 2006
The authors main argument is that the Second Amendment
- did not extend privacy rights
- was added to the Constitution to ensure that militias would have arms
- protects an individual’s right to own a gun for personal protection
- should not be applied to states that do not have a militia
was added to the Constitution to ensure that militias would have arms
Which Supreme Court case upheld symbolic speech as protected?
Miranda v. Arizona
Roe v. Wade
Texas v. Johnson
Brown v. Board
Texas v. Johnson
James Madison and the other Federalists saw no need for a bill of rights because:
- their chief concern was protecting public order, not guaranteeing rights
- they assumed that the federal government could not do things that it was not explicitly authorized to do.
- in their view, civil liberties were a matter for the states, not for the federal goverment.
- no one bothered to even bring up the topic at the Convention
they assumed that the federal government could not do things that it was not explicitly authorized to do.
Benjamin Gitlow’s case was significant because it resulted in the Supreme Court’s declaring that
- all federal sedition laws were unconstitutional.
- antiwar protesters could only distribute leaflets.
- all sedition laws were unconstitutional.
- freedom of speech and freedom of the press applied to the states and were “fundamental.”
freedom of speech and freedom of the press applied to the states and were “fundamental.”
The World War I case Schenck v. the United States created this famous Supreme Court test:
Miller test
Clear and present danger test
Lemon test
Litmus test
Clear and present danger test
Via the ____ test, a law satisfies the establishment clause for religion if that legislation has a secular purpose:
Miller
Schwab
Lemon
Crandall
LEmon
The Supreme Court’s current definition of obscenity denies free-speech protection to materials or activities that:
- do not appeal to the prurient interest.
- lack serious literary, artistic, political, or scientific value.
- depict sexuality in a way that is degrading to its subjects.
- present a clear and present danger to community standards of decency.
lack serious literary, artistic, political, or scientific value.
Zelman v. Harris-Simmons and Engel v. Vitale both address which of the following:
Due process
fifth amendment
free exercise clause
establishment clause
establishment clause
The right to an attorney in a criminal case was incorporated in this case:
Mapp v. Ohio
Gideon v. Wainright
Escobedo v. Illinois
Miranda v. Arizona
Gideon v. Wainright
The most famous Supreme Court decision involving the Sixth Amendment guarantee of representation at trial was
Miranda v. Arizona
Furman v. Georgia
Baker v. Carr
Gideon v. Wainwright
Gideon v. Wainwright
“least restrictive means” and “viewpoint neutral” are what laws must include if they want to be able to curtail:
Press freedom
Freedom of speech
Free exercise of religion
Due process
Freedom of speech
What type of speech is not protected under the ‘fighting words’ doctrine?
Expressions of opinion.
Speech that directly incites violence or provokes a fight.
Artistic performances.
Political speeches.
Speech that directly incites violence or provokes a fight
“…If we resort to violence then one of two things will happen: either the violence will be escalated and there will be many injuries and perhaps deaths on both sides, or there will be total demoralization of the workers.
Nonviolence has exactly the opposite effect. If, for every violent act committed against us, we respond with nonviolence, we attract people’s support. We can gather the support of millions who have a conscience and would rather see a nonviolent resolution to problems.
We are convinced that when people are faced with a direct appeal from the poor struggling nonviolently against great odds, they will react positively. The American people and people everywhere still yearn for justice. It is to that yearning that we appeal.
…When victory comes through violence, it is a victory with strings attached. If we beat the growers at the expense of violence, victory would come at the expense of injury and perhaps death. Such a thing would have a tremendous impact on us. We would lose regard for human beings. Then the struggle would become a mechanical thing. When you lose your sense of life and justice, you lose your strength….”
– César Chávez, “He Showed Us the Way,” 1978
Which of the following previsions of the Bill of Rights could support the actions that César Chavez is encouraging the farmworkers to take?
The right to assemble
The right to bear arms
The right to fair trial
The right to an afterney
The right to assemble
Which term best describes the manner in which the Supreme Court has applied the Bill of Rights to the states?
Consecutive incorporation
Complete incorporation
Selective incorporation
Incorporation
Selective incorporation
Which clause prevents the national government from sanctioning an official religion?
full faith and credit
establishment
equal protection
free exercise
establishment
Libel is defined as
a written statement defaming another person.
an oral statement defaming another person
maliciously intending to defame a public official.
stating something untrue about another person
a written statement defaming another person
The religious freedom Americans enjoy is due to the First Amendment’s _____ and free exercise clause
establishment clause
equal protection clause
elastic clause
take care clause
establishment clause
Public school students retain the right to political expression in what case?
Tinker v. Des Moines
Wisconsin v. Yoder
Engel v. Vitale
Mapp v. Ohio
Tinker v. Des Moines
A Federalist Party law of 1798 criminalizing criticism of government
Smith Act
Sedition Act
Hugo Act
Exclusionary Rule
Sedition Act
