AP Gov Chapter 4

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Civil liberties are
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individual legal and constitutional protections against the government
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Americans使 civil liberties are set down in
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The Bill of Rights
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The ________ is the final interpreter of the content and scope of Americans使 civil liberties
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Supreme Court
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Civil liberties consist of
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legal and constitutional protections against the government
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At the time of the ratification of the Constitution,
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all states had bills of rights but there was no national Bill of Rights.
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The Bill of Rights was written and proposed by
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the first congress of the United States in 1789
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The Bill of Rights was adopted primarily in response to
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British abuses of the colonist’s civil liberties
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Which of the following statements about the Bill of Rights is FALSE?
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Most state constitutions did not have a Bill of Rights at the time of the Constitutional Convention.
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In the case of ________, the Supreme Court ruled that the Bill of Rights restrained only the national government, not states and cities
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Barron v. Baltimore
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The great freedoms of speech, press, religion, and assembly are contained in the
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First Amendment
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The Supreme Court decision in Barron v. Baltimore (1833) maintained that the Bill of Rights intended to preven
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only the national government from abridging civil liberties.
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Today, ________ apply to the states
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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.
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Gitlow v. New York
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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
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Fourteenth Amendment
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The ________ includes the clause 屎Congress shall make no law respecting an establishment of religion.屎
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First Amendment
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The incorporation doctrine involves
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application of the Bill of Rights to the states
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Thomas Jefferson argued that the First Amendment created a 屎wall of separation屎 between
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church and state.
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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.
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established
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Today, ________ have (has) an established church that is officially supported by the government.
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Great Britain
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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
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fourteenth amendment
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The significance of Gitlow v. New York (1925) was that
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a provision of the Bill of Rights was applied to the states for the first time.
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Aid to parochial schools was first passed in the 1960s at the request of
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Lyndon Johnson.
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In Lemon v. Kurtzman, the Supreme Court established that aid to church-related schools must do all of the following EXCEPT
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inhibit religion
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The abridgment of citizens使 freedom to worship, or not to worship, as they please is prohibited by the
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free exercise clause
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In dealing with First Amendment cases involving religion, the Supreme Court has ruled that
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while all religious beliefs are constitutionally protected, all religious practices are not
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In the Lemon v. Kurtzman decision of 1971, the Supreme Court ruled that
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aid to church-related schools must be for secular purposes only, and cannot be used to advance or inhibit religion.
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In the Engel v. Vitale case of 1962, the Supreme Court ruled that ________ was (were) unconstitutional.
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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
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prohibiting school-organized Bible-reading and prayer in public schools
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Which of the following statements about religion and politics is FALSE? A) Many school districts have simply ignored the Supreme Court使s 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.
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In recent years, religious issues and controversies have become less visible in political debate.
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In Lemon v. Kurtzman (1971), the Supreme Court ruled that
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aid to church-related schools must have a secular legislative purpose
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The Supreme Court has ruled that government aid to church-related schools
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is permitted when the aid is for a non-religious purpose.
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Government aid to religious schools has been a major issue
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since the mid 1960s.
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Which of the following is NOT a free exercise issue?
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teacher led prayers in public schools
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In 2005, the Supreme Court found that two Kentucky counties violated the establishment clause of the First Amendment by
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banning 屎intelligent design屎 from the curriculum
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During the 1980s, the Supreme Court ________ the displaying of Christmas nativity scenes and Hanukkah menorahs on public property.
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upheld the constitutionality of
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In free exercise cases, the Supreme Court
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allows the government to interfere with religious practices as long as it is not specifically aimed at religion
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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 Jehovah使s Witnesses to attend flag saluting ceremonies.
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polygamy may be justified for Mormons on religious grounds.
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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
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the right of Amish parents in Wisconsin to take their children out of public school after the eighth grade.
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Freedom of expression
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has sometimes been limited when it conflicts with other rights and values.
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Which of the following statements about freedom of expression is FALSE?
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Government can limit expression more easily than it can limit action
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________ refers to a government使s censorship of material before it is published
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Prior restraint
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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?
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Near v. Minnesota
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The extent of an individual使s or group使s freedom from prior restraint depends on
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who the individual or group is.
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In its Near v. Minnesota decision of 1931, the Supreme Court ruled that
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the state government could not use prior restraint to shut down an outspoken newspaper.
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The Supreme Court has permitted prior restraint of which of the following?
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high school newspapers
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The Pentagon Papers dealt with
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a documented history of United States involvement in the Vietnam War which the government wanted kept secret
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Which of the following elements of the Bill of Rights was extended to the states by the Supreme Court case of Near v. Minnesota?
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freedom of the press
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Time and time again, the Supreme Court has protected freedom of the press by
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striking down prior restraint.
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The case of Near v. Minnesota (1931)
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held that government had illegally issued a prior restraint.
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Prior restraint is most often considered acceptable on the grounds of
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national security
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In the case of Dennis v. United States, the Supreme Court
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upheld the convictions of Communist party officials who had been sent to prison because of their beliefs.
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In the case of New York Times v. United States in 1971, the Supreme Court ruled
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against prior restraint in the case of the Pentagon Papers, which allowed them to be published.
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In Schenck v. United States (1919), Justice Holmes said that speech can be restricted when it
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provokes 屎a clear and present danger屎 to people
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Constitutional protections of free speech are ________ on private property
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diminished
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A shield law
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gives reporters the right to withhold information from the courts.
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The Supreme Court ruled in Branzburg v. Hayes (1972) that in the absence of shield laws
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the right of a free trial preempts the reporter使s right to protect sources.
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In Roth v. United States, the Supreme Court held that
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obscenity is not within the area of constitutionally protected free speech.
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The principle that 屎obscenity is not within the area of constitutionally protected speech or press屎 was established in
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Roth v. United States.
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Obscenity is
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not protected under the Constitution.
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In Zurcher v. Stanford Daily, the Supreme Court ruled that
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the Stanford Daily must open its files for use as police evidence.
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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.
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Miller v. California
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In Miller v. California (1971), the Court ruled that decisions regarding whether or not material was obscene should generally be made by
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local communities, with some guidelines provided by the Court itself about how to make such judgments.
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Miller v. California (1973)
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stated that local communities should have more responsibility over deciding what constitutes obscenity.
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The Communications Decency Act banning obscene material and criminalizing the transmission of indecent speech or images to anyone under the age of 18 was
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overturned by the Supreme Court.
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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?
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They have struck them down as violations of the First Amendment.
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In the case of New York Times v. Sullivan (1964), the Supreme Court ruled that
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statements made about political figures are libelous only if made with malice and reckless disregard for the truth.
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The publication of statements known to be false that are malicious and tend to damage a person使s reputation is called
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libel.
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What happened when Jacksonville, Florida, tried to ban movies with nudity in them from being shown at drive-in theaters on grounds of obscenity?
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The Supreme Court ruled that all nudity cannot be deemed obscene
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The principle that statements about public figures are libelous only if made with malice and reckless disregard for the truth was established in
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New York Times v. Sullivan
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Which of the following statements regarding libel is FALSE?
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Public figures are protected against libel since publications must prove that what they wrote is true and not malicious
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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.
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symbolic speech
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Symbolic speech
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consists of action that expresses an opinion.
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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.
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commercial speech
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Commercial speech on radio and television is regulated by
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the Federal Trade Commission.
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One of the most regulated forms of speech is
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commercial speech.
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The content and nature of radio and television broadcasting are regulated by
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the Federal Communications Commission
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Which of the following statements concerning the public airways is FALSE?
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The same restrictions that apply to radio and television also apply to newspapers
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In 2000, the Supreme Court ruled that
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government regulation of sexually explicit material on cable stations must be narrowly tailored to promote the government使s interest in protecting children.
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The content, nature, and existence of radio and television broadcasting is regulated by
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the Federal Communications Commission
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Freedom of assembly includes the right to do all of the following EXCEPT
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riot
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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.
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NAACP v. Alabama
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Which of the following statements about freedom of assembly is FALSE?
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Freedom of assembly allows groups to demonstrate at any time, at any place, or in any manner they wish.
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In the case of NAACP v. Alabama (1958), the Supreme Court ruled that
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the state of Alabama was unlawfully restricting the NAACP使s freedom of association.
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In the case of the Nazis使 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
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no community could use its power to grant parade permits to stifle free expression or freedom of assembly
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Most of the wording of the Bill of Rights concerns
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the rights of people accused of crimes.
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The rights of accused persons included in the Bill of Rights were originally intended to protect the accused in
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political arrests and trials
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Which of the following is an accurate statement about the Bill of Rights and its relevance to the stages of the criminal justice system?
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The rights of accused persons and convicted criminals are guaranteed at every stage, from gathering of evidence to the imposition of punishment.
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Unreasonable searches and seizures are specifically forbidden in the
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Fourth Amendment.
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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.
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a search warrant
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Viewing the stages of the criminal justice system as a series of funnels of decreasing size tells us that
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many more arrests occur than trials.
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Unless they witness a crime, police officers cannot arrest a suspect without
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probable cause
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Which of the following statements about the Bill of Rights and the rights of the accused is FALSE?
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Defendants使 rights are well-defined in the Bill of Rights.
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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.
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Mapp v. Ohio
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Ever since 1914, the courts have used ________ to prevent illegally seized evidence from being introduced into the courtroom.
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an exclusionary rule
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The exclusionary rule, which was applied to state governments, as well as the federal government in Mapp v. Ohio (1961), meant that
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unlawfully obtained evidence could not be used in court.
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The Fifth Amendment forbids
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forced self-incrimination.
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The ________ Amendment forbids forced self-incrimination, stating that no person 屎shall be compelled to be a witness against himself.屎
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Fifth
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In the case of Miranda v. Arizona, the Supreme Court ruled that
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police must inform any suspect of a series of rights, including the constitutional right to remain silent.
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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?
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Miranda v. Arizona
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Which of the following is TRUE about the Supreme Court使s decision in Miranda v. Arizona?
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Miranda使s innocence or guilt was not at issue; his rights had been violated, so his conviction was overturned.
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Fifth Amendment protection against self-incrimination means that
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you cannot be forced to be a witness against yourself
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Fifth Amendment rights were expanded to include guidelines for police interrogation procedures in the famous case of
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Miranda v. Arizona.
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The Miranda Rule
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has required all police officers to inform accused persons of their rights
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Today, courts must provide a lawyer for a defendant
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whenever imprisonment could be imposed.
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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.
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Gideon v. Wainwright
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According to the Constitution and the Bill of Rights, how many members should there be on a jury?
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no specifications are made as to jury size
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Most criminal cases are settled in
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plea bargaining.
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The Supreme Court case of Gideon v. Wainwright
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extended the right to counsel to everyone accused of a felony.
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The Sixth Amendment right to counsel in federal courts was expanded in the famous 1963 Supreme Court case of
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Gideon v. Wainwright.
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Most cases are settled through
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plea bargaining
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The Eighth Amendment to the Constitution
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forbids cruel and unusual punishment.
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What was the Supreme Court使s decision in Hamdam v. Rumsfeld?
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The procedures for trying prisoners at Guantanamo Bay, Cuba were insufficient for ensuring a fair trial.
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Cruel and unusual punishment is forbidden by the
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Eighth Amendment.
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The right to a 屎speedy trial屎 and the prohibition against 屎cruel and unusual punishment屎
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are included in the Bill of Rights, but are rather vague and subject to the interpretation of the courts themselves.
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In Gregg v. Georgia (1976), concerning applications of the Eighth Amendment, the Supreme Court ruled that
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capital punishment is an extreme sanction, but it is suitable to the most extreme of crimes.
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Which of the following is NOT protected in the First Amendment?
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right to privacy
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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
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none of the above
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Which of the following is NOT specifically stated in the Bill of Rights?
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right to privacy
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In Roe v. Wade, the Supreme Court ruled that in the third trimester of pregnancy
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states can ban abortion except when the mother使s health is in danger.
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The Supreme Court使s Roe v. Wade decision was issued in
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1973
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The Supreme Court ruled in its Roe v. Wade decision that
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abortion could not be prohibited by any state during the first trimester of pregnancy.
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Since its Roe v. Wade decision, the Supreme Court has
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generally moved to allow states more room to regulate abortions (e.g., waiting periods) than was true in Roe.
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The idea that the Constitution guarantees a right to privacy was first enunciated in
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Griswold v. Connecticut
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The right to privacy was applied to the states by the Supreme Court case of
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Griswold v. Connecticut
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The most important application of privacy rights has come in the area of
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abortion
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The Supreme Court case of Roe v. Wade (1973) ruled that
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a state cannot forbid abortions during the first trimester of pregnancy
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The abortion decision in Roe v. Wade (1973) was justified by the Supreme Court largely on the grounds of
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the right of privacy implied in the Bill of Rights
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In the 1992 case of Planned Parenthood v. Casey, the Supreme Court ruled that abortion
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restrictions could be imposed by states if they did not involve 屎undue burdens屎 on the women seeking abortions.
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In recent years, the Supreme Court has
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increased protection of women使s physical access to abortion clinics.
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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
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The Court allows states to require a woman to give her husband advance notice of an abortion.
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Civil liberties
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limit what the majority can ask the government to do.
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Civil liberties relating to defendants使 rights have often been used to
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protect individual rights.
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In Planned Parenthood v. Casey, the Supreme Court
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changed its standard for evaluating restrictions on abortion from one of 屎strict scrutiny屎 of any restraints on a 屎fundamental right屎 to one of 屎undue burden屎 that permits more regulation.

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