question

What body decides if laws or policies violate constitutional freedoms?

answer

the Supreme Court

question

T/F The First Amendment gives individuals the right to express their concerns to government officials.

answer

True

question

T/F The right to free assembly and petition guaranteed by the First Amendment allows any type of activity during assembly.

answer

False

question

Why might the government limit individual freedoms?

answer

to protect the safety and health of the public

question

T/F The Constitution only protects the civil liberties of U.S. Citizens.

answer

False, Unless it is a right of citizenship, like voting, we believe that all people have those freedoms.

question

T/F The Bill of Rights consists of the first 10 amendments and serves to protect civil liberties.

answer

True, Twelve amendments were proposed by the first Congress, but the States only ratified ten. One was later ratified in 1992, 203 years after it was proposed.

question

The First Amendment does not protect a. freedom of speech. b. freedom of the press. c. the right to bear arms. d. freedom of religion.

answer

c. the right to bear arms

question

civil liberties

answer

individual rights that cannot be violated by the government -Civil liberties limit what government can do. Thus it is a reflection of the constitutional principle limited government.

question

T/F One amendment allows voters to direct their representatives on how to vote on certain issues.

answer

False

question

Among the 12 amendments originally proposed for the Bill of Rights was one that would have a. ensured the right to earn wages. b. specified how congressmembers would be compensated. c. established the death penalty. d. given women the right to vote.

answer

b. specified how congressmembers would be compensated.

question

According to guidelines set by the _______________ test, it is constitutional to provide interpreters for deaf children attending religious schools because doing so ensures equal access to education.

answer

Lemon -In this instance the Court weighed the benefit of equal access versus the furtherance of religion and found that the benefit to the public good was more important than any furtherance of religion that might occur by providing interpreters.

question

Official sponsored prayer in public schools, even if voluntary, was ruled to violate the Establishment Clause in the 1962 _____________Supreme Court case.

answer

Engel v. Vitale

question

The ___________Clause of the 1st Amendment would not allow a local government to place a religious holiday display, such as a nativity, in a public park.

answer

Establishment

question

Establishment Clause

answer

"Congress shall make no law respecting an establishment of religion", The Establishment Clause not prevents the government from creating a national religion, but from supporting one religion over another, or supporting religion over non-religion.

question

The Supreme Court has ruled that to remain neutral toward religion, the government may exempt religious organizations from paying ___________ taxes.

answer

Property

question

The 1984 Equal Access Act a. allowed student-run religious groups to meet in public schools. b. supported prayer in public schools. c. allowed nonreligious community groups to meet in church buildings. d. gave tax exemptions to nonprofit groups as well as to religious groups.

answer

a. allowed student-run religious groups to meet in public schools.

question

Why does the First Amendment forbid the establishment of an official religion?

answer

because an official religion might discourage the practice of other religions

question

Free Exercise Clause

answer

a person's First Amendment right to his or her individual religious beliefs

question

Which of the following religious practices did the Supreme Court rule an exception to the Free Exercise Clause because the practice broke the law or threatened the public good?

answer

the practice of bigamy by Mormons

question

Sedition

answer

The use of language that encourages people to rebel against lawful gov

question

New York Times v. Sullivan established the test for libel against a public official as false statement that

answer

shows actual malice.

question

Libel

answer

a written statement or visual presentation that unjustely harms another's character or reputation, First amendment does not allow

question

Prior restraint

answer

prevented by first amendement, stopping someone from expressing an idea or providing info, interpreted to forbid the gov from using

question

Obscenity

answer

Not protected by the first amendement, something sexually indecent and highly offensive

question

Cable television stations have greater constitutional protections than other stations because

answer

cable stations do not use public airways

question

Which of the following is an example of what the courts have generally defined as hate speech?

answer

verbally insulting someone of a different race to the point of causing a disturbance

question

According to Supreme Court rulings, which of the following is not a form of symbolic speech that is protected by the First Amendment? a. wearing armbands to protest war b. staging a sit-in c. burning the U.S. flag d. burning a draft card

answer

d. Burning a draft card

question

In a test of sedition laws, what rule did the Court establish to decide if an expression was seditious and not protected by the First Amendment?

answer

the clear and present danger test (now the imminent lawless action)

question

Treason

answer

the act of aiding and comforting an enemy of the US in a time of war (such as spying on the gob for a foreign power)

question

Alien and Sedition acts

answer

illegal to say "false, scandalous (disgraceful) and malicious(spiteful)" things against gov

question

Shield laws

answer

allow reporters to protect the identity of their sources from state courts

question

Slander

answer

verbal defamation

question

symoblic speech

answer

an action meant to deliver a message

question

Civil liberties v. Civil Rights

answer

Liberties- Individual freedoms guaranteed to the people, mostly by the bill of rights Rights-Equal treatment under law

question

T/F The First Amendment guarantees the right to demonstrate on the private property of a business.

answer

True

question

T/F The First Amendment guarantees people's right to associate with any group they choose without government intervention.

answer

True

question

T/F Requiring a group to get a parade permit is an example of a time, place, and manner regulation.

answer

True

question

T/F The Supreme Court has interpreted the First Amendment to allow demonstrations that would disrupt educational activities in school

answer

False

question

T/F In a 1978 decision, the Illinois Supreme Court ruled that the government could prevent neo-Nazis from parading through a largely Jewish city without violating the First Amendment.

answer

False

question

The police can stop a demonstration

answer

To protect public safety

question

The Supreme Court has determined that the government can restrict a. a parade honoring a celebrity. b. antiwar rallies. c. a demonstration in a public park d. a demonstration in a prison.

answer

d. a demonstration in a prison. The Supreme Court has made it clear that the government has more power to limit freedom when it is trying to fulfill a particular role, in this case, the role of jailer. Note: Government also has increased power when it is fulfilling the role of educator.

question

Time, place and manner regulations

answer

regulation of demonstrations on public property to keep order and shielding people from disturbances

question

The Supreme Court ruling in NAACP v. Alabama guaranteed

answer

the right to freedom of association.

question

Picketing

answer

walking/standing in front of a place of buisness or other property, often holding up signs urging others not to buy the company's products/asking others not to cross the picket line to work for the company

question

1st Amendment

answer

freedom of religion, speech, press, and assembly; right of petition

question

2nd Amendment

answer

right to bear arms, well regulated Militia, for security of free state

question

3rd Amendment

answer

limit on quartering of troops, no soldier can stay in a house without the consent of the owner

question

4th Amendment

answer

protection against unreasonable search and seizure (without warrents or probably cause)

question

5th Amendment

answer

due process, no double jeopardy; no testify against yourself , no taken property without compensation (eminent domain, important so things like highways can be made)

question

6th Amendment

answer

Right when you are accused to a speedy trial, right to jury, told why you are there, right to know witness, right to attorney

question

7th Amendment

answer

trial by jury in civil cases

question

8th Amendment

answer

no excessive bail or fine, no cruel or unusual punishment

question

9th Amendment

answer

people retain rights

question

10th Amendment

answer

powers not delegated to the US, or denied to states, belong to the states or people

question

Case about symbolic speach

answer

Texas v. Johnson

question

Case about speech that criticizes

answer

Brandenburg v. Ohio

question

Obscene Speech court case

answer

Miller v. CA

question

Case about arm bands protesting war in school- a substantial distruption?

answer

Tinker v. Des Moines

question

Case about school limiting suggestive or vulgar speach

answer

Bethel School Districk v. Fraser

question

Case about suppresing school speach about illegal drug use during school day, but off school grounds

answer

Morse v. Frederick

question

Case about school limiting press not meeting the educational mission of the school

answer

Hazelwood School districk v. Kuhlmeier

question

Difference of Sparationists and Accomodationsits

answer

Sparationists-want high wall between church and state Accomodationsits-Congress doesn't need to make a national religion, but religion doesn't need to be banned from all public things

question

What was the 1971 Supreme Court case that established a three-part test for determining if a government law or action violates the Establishment Clause?

answer

Lemon v. Kurtzman Lemon test: -Govs actions, Must have a secure legistlative action -Gov action can't have primary affect of either advancing or inhibiting religion -Gov's action must not result in an excessive gov entanglement with religion

question

Case that rejects prior restraint (meaning being restrained about something before even publishing it)

answer

Near v. Minnesota

question

Case established the "actual malice" standard (harder to prove libel against public officials)

answer

New York Times v. Sullivan

question

Case about The exlusionary rule, prevents gov from using evidence gathered while violating the constitution

answer

Mapp v. Ohio

question

Case about reasonable suspicion v. Probable cause

answer

New jersey v. TLO

question

Case about you must be informed of your rights, not the citizens job to know them

answer

Miranda v. Arizona

question

Case about a right to an Attorney, even when you can't afford one

answer

Gideon v. Wainwright

question

Case about right to privacy (9th amendment) (there are two)

answer

Griswold v. CT, Roe v. Wade

question

In addition to guaranteeing the rights of freed slaves, the Fourteenth Amendment a. extended due-process requirements to actions by the states. b. established a separate Bill of rights for freed slaves. c. outlawed slavery. d. provided federal property for freed slaves.

answer

a. extended due-process requirements to actions by the states.

question

In which of the following ways does the Fourth Amendment protect a person's right to security? a. by preventing a police office from seizing evidence not listed in a search warrant. b. by preventing an employer from making an employee take a drug test c. by preventing a police officer from stopping drivers at random to check for intoxication. d. by preventing a police officer from stopping and searching a person in public without probable cause

answer

by preventing a police officer from stopping and searching a person in public without probable cause

question

Due process

answer

gov's duty to follow fair procedures set by law when carrying out gov functions

question

Exclustionary rule

answer

tainted evidence, no matter how strong, is barred from use in court

question

The federal government can suspend the right to habeas corpus

answer

in times of rebellion or invasion.

question

Miranda rule

answer

police must inform criminal suspects of their right to refuse to answer questions

question

T/F In certain cases, the Constitution allows the government to pass laws that penalize a person who has not had the benefit of a trial.

answer

False

question

What guidelines has the Supreme Court used to determine what is cruel and unusual punishment?

answer

current social standards

question

As was the case in the O.J. Simpson trial, judges sometimes allow federal trials to be televised.

answer

False. The Simpson trial was televised because it was tried in state court in California.

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