question

Protections against arbitrary acts of the government are technically known as

answer

civil liberties.

question

States cannot deny the basic provisions of the Bill of Rights to their citizens because of the ___ of the 14th Amendment.

answer

Due Process Clause

question

The ___ sets up the separation between church and state.

answer

Establishment Clause

question

During a speech at a rally, you are not free to ___ another person.

answer

slander

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___ give reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings.

answer

Shield laws

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Which of the following statements about civil rights is NOT true?

answer

Rights are extended only to citizens.

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The Free Exercise Clause gives people the right to

answer

believe whatever they choose to believe in matters of religion.

question

Which of the following statements about prior restraint is TRUE?

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The Supreme Court has only rarely upheld prior restraints.

question

Seditious speech is speech that urges others to

answer

overthrow the government.

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***Government has the right to make reasonable rules regulating assemblies

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to protect against the inciting of violence or the endangerment of life.

question

The Due Process Clause guarantees that

answer

States will not deny people any basic or essential liberties.

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A democracy must allow freedom of expression, otherwise

answer

democracy does not really exist.

question

Which of the following statements about commercial speech is TRUE?

answer

Commercial speech is protected by the 1st and 14th amendments.

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Which has received the most limited 1st Amendment protection?

answer

radio and television

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The Supreme Court has ruled that demonstrations on private property

answer

are not protected by the 1st Amendment if demonstrators are trespassing.

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Individual rights were included in the Constitution because

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the people demanded a listing of rights.

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The Bill of Rights were originally intended as restrictions against

answer

the new National Government.

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A person may do as he or she chooses in this country

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as long as that person does not infringe on the rights of others.

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Which of the following is NOT one of the public places in which people have a constitutional right to hand out political literature?

answer

shopping centers

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***The government can limit free speech or free press if the communication

answer

is advertising.

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Picketing is protected by the 1st and 14th amendments if it is

answer

peaceful.

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All of the following stand as proof of the American commitment to freedom EXCEPT

answer

Article II.

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***One of the key factors resulting in the difference between the Supreme Court's ruling on Japanese internment in 1944 and the Federal Government's action in 1988 may well have been

answer

one decision was made during the war and the other long after the war had ended.

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The specific rights that are covered under the 14th Amendment's Due Process Clause

answer

have been spelled out case-by-case.

question

Government has encouraged religion in the United States in all of the following ways EXCEPT

answer

by allowing the establishment of a national religion.

question

Because the government is prohibited from an establishment of religion, schools cannot

answer

not allow student religious groups to meet in the school.

question

The distinction the Court has made between prayer in Congress or in State legislatures, and prayer in public schools, is based largely on

answer

the maturity of those being led in prayer.

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The opinions of the majority need little or no constitutional protection because

answer

they are popular.

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In most cases involving seditious speech, the Supreme Court generally has found that it is reasonable for government to

answer

make it a crime to urge someone to believe it would be best to overthrow the government.

question

Reporters use which of the following to argue against being forced to testify in court or to reveal their sources?

answer

the 1st Amendment guarantee of the free exchange of ideas.

question

The fact that the Court has ruled that campaign contributions are a form of speech makes campaign finance regulation more difficult because

answer

to regulate speech is to limit it, which is difficult to do without violating the 1st Amendment.

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Assembling is one means by which Americans may lawfully

answer

seek to influence public policy.

question

Demonstrators can be arrested for all of the following reasons EXCEPT

answer

the demonstration causes violence but the demonstrators themselves remain peaceful.

question

How do substantive due process and procedural due process differ?

answer

substantive - the fairness of the laws themselves. procedural - the fairness of the procedures used to enforce the laws.

question

What is the "right to privacy" and how did the court rule in Roe v. Wade decision?

answer

The Court ruled that in the 1st trimester of pregnancy a state must recognize a woman's right to an abortion and cannot interfere with medical judgments in that matters.

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Why does the Constitution specifically define treason?

answer

The Framers knew that the charge of treason is a favorite weapon in the hands of tyrants.

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What did the writ of habeas corpus seek to prevent?

answer

unjust arrest and imprisonment.

question

Why are bills of attainder and ex post facto laws forbidden?

answer

threaten individual freedom and the principle of separation of powers.

question

What does the 5th Amendment guarantee to the accused?

answer

indictment by grand jury, no double jeopardy, no self incrimination, due process of law.

question

List the provisions of the 6th Amendment concerning the rights of the accused.

answer

speedy and public trial, impartial jury, informed of charges, confront hostile witnesses and present favorable witnesses, right to counsel at every stage of the criminal process.

question

What is the process of incorporation? What guarantees in the Bill of Rights are not now covered by the 14th Amendment's due process clause?

answer

The process is incorporating most of the guarantees in the Bill of Rights into the 14th Amendment's Due Process Clause. 2nd, 3rd, 5th, and 7th Amendments are not covered.

question

Explain the Lemon Test.

answer

1. purpose must be clearly secular. 2. cannot advance nor inhibit religion. 3. avoids "entanglement of government and religion."

question

What are some limits to the free exercise clause?

answer

Actions that violate social duties or disrupt social order are not covered under the Free Exercise Clause.

question

What are examples of symbolic speech?

answer

carrying a sign or wearing an arm band.

question

How can the government regulate assembly?

answer

if it is not peaceful, incites violence, blocks a public street, closes a schools, or endangers others. Time-Place-Manner. public v. private property. permits, licenses, etc.

question

What groups can be forced to undergo a drug test?

answer

high school students, extra curricular activities, military.

question

What type of speech can the government restrict?

answer

false statements, incitement, obscenity, threats, child pornography.

question

Court ruled on the legality of what congressional action during WWI?

answer

The Espionage Act of 1917.

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