Chapter 5 government review – Flashcards
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A person treating the U.S. flag contemptuously is
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protected by the right to exercise free speech
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Conflicts in civil liberties often arise because
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The Bill of Rights lists several competing rights
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The Espionage and Sedition Acts were largely stimulated by fears of
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Germans and radicals
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An example of how entrepreneurial politics can enter the realm of civil liberties is that of
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The Red Scare during WWI
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Senator Joseph McCarthy became a powerful policy entrepreneur by claiming that
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communists had infiltrated the government
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Usually, the Supreme Court has reacted to wartime curtailments of civil liberties by
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upholding them
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In the 1980s, sedition laws were enforced against
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pornographic works
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The earliest immigrant group to arrive in large numbers and thus alter the scope of civil rights issues
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Irish Catholics
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The immigrant group usually associated with the drive for bilingual education is composed of
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Hispanics
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The Bill of Rights has come to apply to the states through the interpretation of
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The 14th amendment
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The earliest incorporations of portions of the Bill of Rights relied on
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The dual process and equal protection clauses
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Which term best describes the manner in which the Supreme Court has applied the Bill of Rights to the states?
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Selective Incorporation
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What does the First Amendment address?
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Religion, speech, press, petition, and assembly
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The Espionage and Sedition Acts that were passed in 1917 and 1918 placed restrictions on publications that
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advocated treason, insurrection, or forced resistance
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The Supreme Court justice who compared unpopular political speech to falsely shouting "Fire!" in a theater was
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Oliver Nendell Holmes
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When eleven communists were convicted under the Smith Act of 1940, the Supreme Court
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upheld the convictions
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Written defamation of character is known as
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libel
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Slander differs from libel in that it refers to
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oral statements
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Which justice argued that obscenity is a form of speech that is, or should be, protected by the First Amendment?
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Hugo Black
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Justice Potter Stewart's oft-quoted dictum on hard-core as opposed to soft-core pornography was
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"I know it when I see it."
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The 1973 Supreme Court definition of obscenity denies free-speech protection to materials or activities that
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lack serious literary, political, or scientific value
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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
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preferred position
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One form of symbolic speech permitted by the Supreme Court is
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flag burning
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Symbolic speech, as defined by the text, is
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an act that conveys a political message
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The two clauses of the First Amendment that deal with religion are concerned with
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free exercise and establishment
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For the Supreme Court to uphold conscientious objection to military service, that objection must be rooted in
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protest in faith
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The historical source for the "wall of separation" between religion and the state is
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The writings of Thomas Jefferson
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Since 1992, a member of clergy offering a prayer or an invocation at a public school graduation ceremony is
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Lee v. Weisman
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The Supreme Court has struck down laws that require the teaching of the theory of
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civil liberties
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The argument that tainted evidence cannot be used in court if citizens' rights are to be maintained leads to what is called
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the exclusionary rule
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The exclusionary rule was not applied to state law enforcement officers until
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1961
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The Court demanded that the evidence obtained in Mapp v. Ohio be excluded because the police
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did not have a search warrant
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Search warrants are signed (issued) by
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a judge
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Search warrants are not to be issued unless the standard of ___________ has been met.
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probable cause
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Police may legally search persons for evidence either when they have a search warrant or when
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the search occurs when the person is lawfully arrested
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The desk and files of a government employee may legitimately be searched by a supervisor without a warrant, provided that
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The object of the search is related to the employee's work
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The landmark case on involuntary confession was that of
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Mapp
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A person being arrested must be informed of which rights
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Miranda Rights
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In 1984, the Supreme Court ruled that illegally obtained evidence might be used in court if it can be demonstrated that
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its discovery was inevitable
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The USA Patriot Act requires _ __________ for a government tap on telephones or the Internet.
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a court order
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Under the USA Patriot Act, the attorney general can hold any noncitizen who is thought to be a national security risk for up to _____ days.
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7
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Suspected terrorists are to be tried by a military, rather than a civilian, court as a result of
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the 9/11 attacks
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When we caught Nazi spies who were sent to America, we classified them as __________ and tried them accordingly.
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unlawful combatants
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In late 2006, national newspapers revealed a secret program to intercept telephone calls and e-mails; the program was being conducted by the
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NSA
