question

Civil liberties are

answer

individual legal and constitutional protections against the government

question

Americansʹ civil liberties are set down in

answer

The Bill of Rights

question

The ________ is the final interpreter of the content and scope of Americansʹ civil liberties

answer

Supreme Court

question

Civil liberties consist of

answer

legal and constitutional protections against the government

question

At the time of the ratification of the Constitution,

answer

all states had bills of rights but there was no national Bill of Rights.

question

The Bill of Rights was written and proposed by

answer

the first congress of the United States in 1789

question

The Bill of Rights was adopted primarily in response to

answer

British abuses of the colonist's civil liberties

question

Which of the following statements about the Bill of Rights is FALSE?

answer

Most state constitutions did not have a Bill of Rights at the time of the Constitutional Convention.

question

In the case of ________, the Supreme Court ruled that the Bill of Rights restrained only the national government, not states and cities

answer

Barron v. Baltimore

question

The great freedoms of speech, press, religion, and assembly are contained in the

answer

First Amendment

question

The Supreme Court decision in Barron v. Baltimore (1833) maintained that the Bill of Rights intended to preven

answer

only the national government from abridging civil liberties.

question

Today, ________ apply to the states

answer

all but five provisions or amendments of the Bill of Rights

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Beginning with the case of ________ in 1925, the Supreme Court began to rule that the Bill of Rights applied directly to the states, as well as to the national government.

answer

Gitlow v. New York

question

In deciding to incorporate parts of the Bill of Rights into state laws since 1925, the Supreme Court has relied on the due process clause of the

answer

Fourteenth Amendment

question

The ________ includes the clause ʺCongress shall make no law respecting an establishment of religion.ʺ

answer

First Amendment

question

The incorporation doctrine involves

answer

application of the Bill of Rights to the states

question

Thomas Jefferson argued that the First Amendment created a ʺwall of separationʺ between

answer

church and state.

question

Unlike Great Britain and many other nations, the United States does not have an ________ church that is officially supported by the government and recognized as a national institution.

answer

established

question

Today, ________ have (has) an established church that is officially supported by the government.

answer

Great Britain

question

In Gitlow v. New York (1925), the decision that states could not abridge the freedoms of expression protected by the First Amendment was based on the

answer

fourteenth amendment

question

The significance of Gitlow v. New York (1925) was that

answer

a provision of the Bill of Rights was applied to the states for the first time.

question

Aid to parochial schools was first passed in the 1960s at the request of

answer

Lyndon Johnson.

question

In Lemon v. Kurtzman, the Supreme Court established that aid to church-related schools must do all of the following EXCEPT

answer

inhibit religion

question

The abridgment of citizensʹ freedom to worship, or not to worship, as they please is prohibited by the

answer

free exercise clause

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In dealing with First Amendment cases involving religion, the Supreme Court has ruled that

answer

while all religious beliefs are constitutionally protected, all religious practices are not

question

In the Lemon v. Kurtzman decision of 1971, the Supreme Court ruled that

answer

aid to church-related schools must be for secular purposes only, and cannot be used to advance or inhibit religion.

question

In the Engel v. Vitale case of 1962, the Supreme Court ruled that ________ was (were) unconstitutional.

answer

prayers done as classroom exercises in public schools

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The Supreme Court has interpreted the establishment clause of the First Amendment as

answer

prohibiting school-organized Bible-reading and prayer in public schools

question

Which of the following statements about religion and politics is FALSE? A) Many school districts have simply ignored the Supreme Courtʹs ban on school prayer and hold prayers in their classrooms. B) The religious diversity in America has made it difficult to establish one state religion such as Britain has. C) The Supreme Court has never permitted the claim of religious freedom to permit every sort of behavior. D) Efforts are underway to amend the Constitution to permit school prayer. E) In recent years, religious issues and controversies have become less visible in political debate.

answer

In recent years, religious issues and controversies have become less visible in political debate.

question

In Lemon v. Kurtzman (1971), the Supreme Court ruled that

answer

aid to church-related schools must have a secular legislative purpose

question

The Supreme Court has ruled that government aid to church-related schools

answer

is permitted when the aid is for a non-religious purpose.

question

Government aid to religious schools has been a major issue

answer

since the mid 1960s.

question

Which of the following is NOT a free exercise issue?

answer

teacher led prayers in public schools

question

In 2005, the Supreme Court found that two Kentucky counties violated the establishment clause of the First Amendment by

answer

banning ʺintelligent designʺ from the curriculum

question

During the 1980s, the Supreme Court ________ the displaying of Christmas nativity scenes and Hanukkah menorahs on public property.

answer

upheld the constitutionality of

question

In free exercise cases, the Supreme Court

answer

allows the government to interfere with religious practices as long as it is not specifically aimed at religion

question

In regard to the free exercise clause, the Supreme Court has made each of the following rulings EXCEPT A) polygamy may be justified for Mormons on religious grounds. B) the Air Force can enforce its dress code even against religiously based dress choices. C) Amish parents may take their children out of school after the eighth grade. D) people could become conscientious objectors to war on religious grounds. E) public schools cannot require Jehovahʹs Witnesses to attend flag saluting ceremonies.

answer

polygamy may be justified for Mormons on religious grounds.

question

The Supreme Court ruled that freedom of religious practice was more important than the right of the government to interfere in deciding in favor of

answer

the right of Amish parents in Wisconsin to take their children out of public school after the eighth grade.

question

Freedom of expression

answer

has sometimes been limited when it conflicts with other rights and values.

question

Which of the following statements about freedom of expression is FALSE?

answer

Government can limit expression more easily than it can limit action

question

________ refers to a governmentʹs censorship of material before it is published

answer

Prior restraint

question

In what case did the Supreme Court rule that a newspaper, no matter how outrageous its opinions, must be allowed to publish without prior restraint?

answer

Near v. Minnesota

question

The extent of an individualʹs or groupʹs freedom from prior restraint depends on

answer

who the individual or group is.

question

In its Near v. Minnesota decision of 1931, the Supreme Court ruled that

answer

the state government could not use prior restraint to shut down an outspoken newspaper.

question

The Supreme Court has permitted prior restraint of which of the following?

answer

high school newspapers

question

The Pentagon Papers dealt with

answer

a documented history of United States involvement in the Vietnam War which the government wanted kept secret

question

Which of the following elements of the Bill of Rights was extended to the states by the Supreme Court case of Near v. Minnesota?

answer

freedom of the press

question

Time and time again, the Supreme Court has protected freedom of the press by

answer

striking down prior restraint.

question

The case of Near v. Minnesota (1931)

answer

held that government had illegally issued a prior restraint.

question

Prior restraint is most often considered acceptable on the grounds of

answer

national security

question

In the case of Dennis v. United States, the Supreme Court

answer

upheld the convictions of Communist party officials who had been sent to prison because of their beliefs.

question

In the case of New York Times v. United States in 1971, the Supreme Court ruled

answer

against prior restraint in the case of the Pentagon Papers, which allowed them to be published.

question

In Schenck v. United States (1919), Justice Holmes said that speech can be restricted when it

answer

provokes ʺa clear and present dangerʺ to people

question

Constitutional protections of free speech are ________ on private property

answer

diminished

question

A shield law

answer

gives reporters the right to withhold information from the courts.

question

The Supreme Court ruled in Branzburg v. Hayes (1972) that in the absence of shield laws

answer

the right of a free trial preempts the reporterʹs right to protect sources.

question

In Roth v. United States, the Supreme Court held that

answer

obscenity is not within the area of constitutionally protected free speech.

question

The principle that ʺobscenity is not within the area of constitutionally protected speech or pressʺ was established in

answer

Roth v. United States.

question

Obscenity is

answer

not protected under the Constitution.

question

In Zurcher v. Stanford Daily, the Supreme Court ruled that

answer

the Stanford Daily must open its files for use as police evidence.

question

In ________, the Court clarified its doctrine of what was obscene, including such gauges as whether material appealed to merely a prurient interest in sex, and whether it lacked serious artistic, literary, political or scientific merit.

answer

Miller v. California

question

In Miller v. California (1971), the Court ruled that decisions regarding whether or not material was obscene should generally be made by

answer

local communities, with some guidelines provided by the Court itself about how to make such judgments.

question

Miller v. California (1973)

answer

stated that local communities should have more responsibility over deciding what constitutes obscenity.

question

The Communications Decency Act banning obscene material and criminalizing the transmission of indecent speech or images to anyone under the age of 18 was

answer

overturned by the Supreme Court.

question

At the urging of feminists and conservative Christians, some cities have banned pornography on the grounds it dehumanizes and endangers women. How have the courts dealt with these bans?

answer

They have struck them down as violations of the First Amendment.

question

In the case of New York Times v. Sullivan (1964), the Supreme Court ruled that

answer

statements made about political figures are libelous only if made with malice and reckless disregard for the truth.

question

The publication of statements known to be false that are malicious and tend to damage a personʹs reputation is called

answer

libel.

question

What happened when Jacksonville, Florida, tried to ban movies with nudity in them from being shown at drive-in theaters on grounds of obscenity?

answer

The Supreme Court ruled that all nudity cannot be deemed obscene

question

The principle that statements about public figures are libelous only if made with malice and reckless disregard for the truth was established in

answer

New York Times v. Sullivan

question

Which of the following statements regarding libel is FALSE?

answer

Public figures are protected against libel since publications must prove that what they wrote is true and not malicious

question

Wearing an arm band and burning a United States flag are examples of ________: actions that do not consist of speaking or writing but that express an opinion.

answer

symbolic speech

question

Symbolic speech

answer

consists of action that expresses an opinion.

question

Advertising is considered a form of ________, and, according to the decisions of the Supreme Court, is subject to greater restrictions on free speech than religious or political speech.

answer

commercial speech

question

Commercial speech on radio and television is regulated by

answer

the Federal Trade Commission.

question

One of the most regulated forms of speech is

answer

commercial speech.

question

The content and nature of radio and television broadcasting are regulated by

answer

the Federal Communications Commission

question

Which of the following statements concerning the public airways is FALSE?

answer

The same restrictions that apply to radio and television also apply to newspapers

question

In 2000, the Supreme Court ruled that

answer

government regulation of sexually explicit material on cable stations must be narrowly tailored to promote the governmentʹs interest in protecting children.

question

The content, nature, and existence of radio and television broadcasting is regulated by

answer

the Federal Communications Commission

question

Freedom of assembly includes the right to do all of the following EXCEPT

answer

riot

question

In the case of ________, the Supreme Court ruled that requiring an organization to turn over its membership lists was an unconstitutional restriction on freedom of association.

answer

NAACP v. Alabama

question

Which of the following statements about freedom of assembly is FALSE?

answer

Freedom of assembly allows groups to demonstrate at any time, at any place, or in any manner they wish.

question

In the case of NAACP v. Alabama (1958), the Supreme Court ruled that

answer

the state of Alabama was unlawfully restricting the NAACPʹs freedom of association.

question

In the case of the Nazisʹ proposed 1977 march on Skokie, a suburb north of Chicago with many Holocaust survivors which had denied the Nazis a permit to march, the Supreme Court, a year after the fact, let stand a lower court ruling that

answer

no community could use its power to grant parade permits to stifle free expression or freedom of assembly

question

Most of the wording of the Bill of Rights concerns

answer

the rights of people accused of crimes.

question

The rights of accused persons included in the Bill of Rights were originally intended to protect the accused in

answer

political arrests and trials

question

Which of the following is an accurate statement about the Bill of Rights and its relevance to the stages of the criminal justice system?

answer

The rights of accused persons and convicted criminals are guaranteed at every stage, from gathering of evidence to the imposition of punishment.

question

Unreasonable searches and seizures are specifically forbidden in the

answer

Fourth Amendment.

question

To prevent abuse of police power, the Constitution requires that no court may issue ________ unless probable cause exists to believe that a crime has occurred or is about to occur.

answer

a search warrant

question

Viewing the stages of the criminal justice system as a series of funnels of decreasing size tells us that

answer

many more arrests occur than trials.

question

Unless they witness a crime, police officers cannot arrest a suspect without

answer

probable cause

question

Which of the following statements about the Bill of Rights and the rights of the accused is FALSE?

answer

Defendantsʹ rights are well-defined in the Bill of Rights.

question

In the case of ________, the Supreme Court ruled that the protection against unreasonable search and seizure applied to the state and local governments, as well as the national government, thus nationalizing the exclusionary rule.

answer

Mapp v. Ohio

question

Ever since 1914, the courts have used ________ to prevent illegally seized evidence from being introduced into the courtroom.

answer

an exclusionary rule

question

The exclusionary rule, which was applied to state governments, as well as the federal government in Mapp v. Ohio (1961), meant that

answer

unlawfully obtained evidence could not be used in court.

question

The Fifth Amendment forbids

answer

forced self-incrimination.

question

The ________ Amendment forbids forced self-incrimination, stating that no person ʺshall be compelled to be a witness against himself.ʺ

answer

Fifth

question

In the case of Miranda v. Arizona, the Supreme Court ruled that

answer

police must inform any suspect of a series of rights, including the constitutional right to remain silent.

question

In what case did the Supreme Court rule that suspects must be told of their constitutional rights to remain silent, that what they say can be used against them, and of their right to have an attorney present during any questioning?

answer

Miranda v. Arizona

question

Which of the following is TRUE about the Supreme Courtʹs decision in Miranda v. Arizona?

answer

Mirandaʹs innocence or guilt was not at issue; his rights had been violated, so his conviction was overturned.

question

Fifth Amendment protection against self-incrimination means that

answer

you cannot be forced to be a witness against yourself

question

Fifth Amendment rights were expanded to include guidelines for police interrogation procedures in the famous case of

answer

Miranda v. Arizona.

question

The Miranda Rule

answer

has required all police officers to inform accused persons of their rights

question

Today, courts must provide a lawyer for a defendant

answer

whenever imprisonment could be imposed.

question

In the 1963 case of ________, the Supreme Court ruled that defendants in all felony cases had a right to counsel, and if they could not afford to hire a lawyer, one must be provided.

answer

Gideon v. Wainwright

question

According to the Constitution and the Bill of Rights, how many members should there be on a jury?

answer

no specifications are made as to jury size

question

Most criminal cases are settled in

answer

plea bargaining.

question

The Supreme Court case of Gideon v. Wainwright

answer

extended the right to counsel to everyone accused of a felony.

question

The Sixth Amendment right to counsel in federal courts was expanded in the famous 1963 Supreme Court case of

answer

Gideon v. Wainwright.

question

Most cases are settled through

answer

plea bargaining

question

The Eighth Amendment to the Constitution

answer

forbids cruel and unusual punishment.

question

What was the Supreme Courtʹs decision in Hamdam v. Rumsfeld?

answer

The procedures for trying prisoners at Guantanamo Bay, Cuba were insufficient for ensuring a fair trial.

question

Cruel and unusual punishment is forbidden by the

answer

Eighth Amendment.

question

The right to a ʺspeedy trialʺ and the prohibition against ʺcruel and unusual punishmentʺ

answer

are included in the Bill of Rights, but are rather vague and subject to the interpretation of the courts themselves.

question

In Gregg v. Georgia (1976), concerning applications of the Eighth Amendment, the Supreme Court ruled that

answer

capital punishment is an extreme sanction, but it is suitable to the most extreme of crimes.

question

Which of the following is NOT protected in the First Amendment?

answer

right to privacy

question

Where is the right to privacy found in the Constitution? A) Tenth Amendment B) First Amendment C) Sixth Amendment D) Ninth Amendment E) none of the above

answer

none of the above

question

Which of the following is NOT specifically stated in the Bill of Rights?

answer

right to privacy

question

In Roe v. Wade, the Supreme Court ruled that in the third trimester of pregnancy

answer

states can ban abortion except when the motherʹs health is in danger.

question

The Supreme Courtʹs Roe v. Wade decision was issued in

answer

1973

question

The Supreme Court ruled in its Roe v. Wade decision that

answer

abortion could not be prohibited by any state during the first trimester of pregnancy.

question

Since its Roe v. Wade decision, the Supreme Court has

answer

generally moved to allow states more room to regulate abortions (e.g., waiting periods) than was true in Roe.

question

The idea that the Constitution guarantees a right to privacy was first enunciated in

answer

Griswold v. Connecticut

question

The right to privacy was applied to the states by the Supreme Court case of

answer

Griswold v. Connecticut

question

The most important application of privacy rights has come in the area of

answer

abortion

question

The Supreme Court case of Roe v. Wade (1973) ruled that

answer

a state cannot forbid abortions during the first trimester of pregnancy

question

The abortion decision in Roe v. Wade (1973) was justified by the Supreme Court largely on the grounds of

answer

the right of privacy implied in the Bill of Rights

question

In the 1992 case of Planned Parenthood v. Casey, the Supreme Court ruled that abortion

answer

restrictions could be imposed by states if they did not involve ʺundue burdensʺ on the women seeking abortions.

question

In recent years, the Supreme Court has

answer

increased protection of womenʹs physical access to abortion clinics.

question

Which of the following statements about the Supreme Court and abortion is FALSE? A) The Supreme Court has forbidden any state regulation of abortion during the first trimester. B) The Supreme Court upheld a state law requiring teenagers to secure the consent of at least one parent before obtaining an abortion. C) The Court permits states to require a 24-hour waiting period before getting an abortion. D) The Court allows states to require a woman to give her husband advance notice of an abortion. E) The Supreme Court permits states to forbid the use of any state funds to pay for abortions

answer

The Court allows states to require a woman to give her husband advance notice of an abortion.

question

Civil liberties

answer

limit what the majority can ask the government to do.

question

Civil liberties relating to defendantsʹ rights have often been used to

answer

protect individual rights.

question

In Planned Parenthood v. Casey, the Supreme Court

answer

changed its standard for evaluating restrictions on abortion from one of ʺstrict scrutinyʺ of any restraints on a ʺfundamental rightʺ to one of ʺundue burdenʺ that permits more regulation.

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