question

The use of dogs to sniff high school lockers for drugs has been determined by the Supreme Court to be

answer

constitutional if incident to a reasonable search

question

A person treating the U.S. flag contemptuously is

answer

protected by the right to exercise free speech

question

Conflicts in civil liberties often arise because

answer

the Bill of Rights lists several competing rights

question

The Espionage and Sedition Acts were largely stimulated by fears of

answer

Germans and radicals

question

Usually, the Supreme Court has reacted to wartime curtailments of civil liberties by

answer

upholding them

question

A good example of how community sensitivities and personal self-expression can sometimes conflict is that of

answer

nude dancing

question

In 2000, the U.S. Supreme Court upheld the right of what organization to refuse membership to homosexual men?

answer

Boy Scouts of America

question

The Bill of Rights has come to apply to the states through the interpretation of

answer

14th amendment

question

The earliest incorporations of portions of the Bill of Rights relied upon

answer

the due process and equal protection clauses

question

The First Amendment does not address

answer

the right to bear arms

question

The Espionage and Sedition acts that were passed in 1917 and 1918 placed restrictions on publications that

answer

advocated treason, insurrection, or forced resistance

question

In the early 1920s, the Supreme Court upheld the conviction of Charles T. Schenck under the Espionage Act because

answer

his actions presented a clear and present danger

question

The English jurist William Blackstone believed that freedom of the press should be characterized by

answer

freedom from prior restraint

question

The Supreme Court justice who compared unpopular political speech to falsely shouting fire in a theater was

answer

Oliver Wendell Holmes

question

When U.S. Nazis sought to parade in Skokie, Illinois, where many Jews lived, the courts

answer

upheld their right to parade peacefully

question

The right of free expression, although not absolute, enjoys a higher status than the other rights granted by the U.S. Constitution. This is known as the doctrine of

answer

preferred position

question

Written defamation of character is known as

answer

libel

question

Slander differs from libel in that it refers to

answer

oral statements

question

If you, as a public figure are harmed grievously by the written statements of someone who cannot prove that they were true, you

answer

can collect damages if you demonstrate malice

question

Justice Potter Stewart's oft-quoted dictum on hard-core as opposed to soft-core pornography was

answer

I know it when I see it

question

The 1973 Supreme Court definition of obscenity denies free-speech protection to materials or activities that

answer

lack serious literary, artistic, political, or scientific value

question

In a 2002 case, the Supreme Court struck down a portion of a 1996 law related to child pornography because the case at hand involved

answer

virtual, or computer simulated images

question

Symbolic speech, as defined by the text, is

answer

an act that conveys a political message

question

When the House and the Senate recently considered a law making it a federal crime to burn the American flag

answer

it passed in both houses by large majorities

question

One form of symbolic speech permitted by the Supreme Court is

answer

flag burning

question

When the Supreme Court was asked to consider constitutional challenges to restrictions on speech in the McCain-Feingold campaign finance reform law of 2002 it

answer

accepted the case and upheld the restrictions in question

question

The Supreme Court denied the Hazelwood High School student newspaper the right to print certain stories, using the argument that

answer

the exercise of free expression by students cannot impede the educational mission of the school

question

The two clauses of the First Amendment that deal with religion are concerned with

answer

free exercise and establishment

question

A state cannot apply a license fee on Jehovah's Witnesses who solicit door to door. This is in keeping with the

answer

free-exercise clause of the First Amendment

question

When the Court rules that Amish people cannot be forced to send their children to school beyond the eighth grade, it

answer

protects the free exercise of religion but opens itself to criticisms regarding establishment

question

The historical source for the "wall of separation" between religion and the state is

answer

the writings of Thomas Jefferson

question

Which of the following laws has the Supreme Court upheld as constitutional?

answer

Laws calling for aid to parochial school for secular purposes

question

In a 1947 decision, the Supreme Court allowed a New Jersey town to fund busing to a parochial school because

answer

busing was religiously neutral

question

The Supreme Court has struck down laws that require the teaching of the theory of

answer

creationism

question

Current Supreme Court rulings would permit all of the following forms of state aid to church-related schools except

answer

salary supplements to teachers of nonreligious subjects

question

The Supreme Court has ruled that certain kinds of government involvement in religious activities are acceptable. One condition of such involvement is that it

answer

have a secular (nonreligious) purpose.

question

Most nations deal with the problem of illegally obtained evidence by

answer

punishing police misconduct apart from the criminal trial

question

The argument that tainted evidence cannot be used in court if citizens' rights are to be maintained leads to what is called

answer

the exclusionary rule

question

The Court demanded that the evidence obtained in Mapp v. Ohio be excluded because the police

answer

had not obtained a search warrant

question

Police may legally search persons for evidence either when they have a search warrant or when

answer

they legally arrest those persons

question

Incident to the valid arrest of a person inside a building, police may legitimately search all of the following except

answer

things in other rooms of the building

question

The landmark case on involuntary confession was that of

answer

Miranda

question

A person being arrested must be informed of all the following rights except

answer

the right to sue for false arrest

question

An example of a good-faith exception to the exclusionary rule would be if police

answer

use a defective search warrant they believe to be valid

question

The main provisions of the USA Patriot Act cover all of the following except

answer

airport security

question

Which of the following statements concerning military courts is incorrect?

answer

A suspect can appeal to the attorney general

question

When we caught Nazi spies who were sent to America, we classified them as __________ and tried them accordingly.

answer

unlawful combatants

question

The Bush administration has held that those who were captured in Afghanistan and detained on military bases in Guantanamo are

answer

unlawful combatants

question

When Guantanamo detainees challenged the constitutionality of their detention in the federal courts, the Supreme Court

answer

ruled they could make such legal challenges

Ch. 5 Civil Liberties – Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards