Civil Liberties: First Amendment Freedoms – Flashcards
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Unable to be surrendered:
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Unalienable.
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Given as a gift:
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Endowed.
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Guarantees of personal freedoms against possible threats from government:
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Civil liberties.
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Acts of government that make the constitutional guarantees of freedom a reality:
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Civil rights.
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A coming together for a common purpose:
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Assembly.
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Written request to the government for a right or benefit:
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Petition.
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Treating people unfairly because of their race, sex, age, religion, or physical condition:
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Discrimination.
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Which term refers to rights that cannot be taken away by the government? (A) Unalienable rights (B) States' rights (C) Landowner rights (D) Civil rights
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A
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When you write a letter to your senator or representative, you are exercising your right of _____. (A) Assembly (B) Petition (C) Counsel (D) Discrimination
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B
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Which is an example of the principal of limited government? (A) A person's religious practices cannot be prohibited. (B) A person's opinions are limited to acceptable speech. (C) A person cannot write a letter to a powerful official. (D) A person can drive a motor vehicle on public roads.
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A
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Part of the 14th Amendment which guarantees that no state can deny basic rights to its citizens:
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Due process clause.
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The process of incorporating, or including, most of the guarantees in the Bill of Rights into the 14th Amendment's Due Process Clause:
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Process of incorporation.
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What is established when a nation divides power between the national government and state governments? (A) Democracy (B) Individual rights (C) Federalism (D) Civil liberties
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C
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Which section of the 14th Amendment prevents a state from denying basic rights to its people? (A) The Due Process Clause (B) The Bill of Rights (C) The process of incorporation (D) The right to petition
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A
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Which amendment declares that people have rights that are not specifically mentioned in the Constitution? (A) The 1st Amendment (B) The 14th Amendment (C) The 4th Amendment (D) The 9th Amendment
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D
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Where did the colonists get the belief in personal freedom? (A) They brought it from England. (B) They learned it in colonial schools. (C) They created it with the Constitution. (D) They developed it during the Revolutionary War.
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A
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According to the writers of the Declaration of Independence and the Framers of the Constitution, who has unalienable rights? (A) Taxpayers (B) U.S. citizens (C) Voters (D) All people
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D
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Which is an example of the constitutionally guaranteed freedom of assembly? (A) A group files a suit alleging unfair treatment. (B) A person gives a speech criticizing the President. (C) A group gathers to pursue a common purpose. (D) A person delivers a written request to Congress.
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C
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Which principal behind the Constitution guarantees that a person's basic freedoms cannot be taken away? (A) Limited government (B) Judicial restraint (C) Separation of powers (D) Freedom of religion
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A
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Guarantees of personal freedoms against possible threats from the government are called _____. (A) The right to petition (B) Civil rights (C) Civil liberties (D) The right of assembly
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C
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In the 1925 case Gitlow v. New York, the Supreme Court ruled that _____. (A) The state of New York had to allow the federal government to prosecute Gitlow. (B) The state of New York could not prosecute a person who called for violence against the government. (C) Rights guaranteed by the Bill of Rights must also be guaranteed by the states. (D) Rights guaranteed by the Bill of Rights apply only to cases decided by the Supreme Court.
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C
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Which refers to a series of Supreme Court rulings that used the 14th Amendment to protect basic rights of citizens from state governments? (A) The principal of federalism. (B) The process of incorporation. (C) The guarantees of freedom. (D) The right to a fair trial.
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B
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Separates church and state:
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Establishment clause.
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Guarantees the right to each person to believe whatever he or she chooses about religion:
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Free exercise clause.
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Which part of the Constitution guarantees the right to each person to believe whatever he or she chooses about religion? (A) The Free Exercise Clause (B) The 2nd Amendment (C) The Preamble (D) The Establishment Clause
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A
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Which of the following does the Establishment Clause prohibit the government from doing? (A) Requiring public officials to avoid church (B) Displaying the name of God in public (C) Allowing prayers in Congress (D) Setting up an official religion
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D
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Church-related, as with a parochial school:
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Parochial.
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What argument against parochial schools do opponents make?
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Opponents of aid to parochial schools argue that since the parents choose to send their children to parochial schools, they must bear the costs of their decision.
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Why does the Supreme Court allow prayer in Congress and state legislatures?
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The Court has ruled that such prayer is constitutional because it has been part of the proceedings in legislatures since colonial days and because legislators are not influenced by religious teachings the way students are.
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The Supreme Court ruled that public school students can attend religious classes during school if _____. (A) The classes are approved by parents. (B) The classes are attended by all students. (C) The classes are held on private property. (D) The classes are taught by the students.
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C
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Which Supreme Court case established three rules for determining whether state aid to parochial schools is constitutional? (A) McCollum v. Board of Education (B) Lemon v. Kurtzman (C) Everson v. Board of Education (D) Stone v. Graham
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B
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Which gave student religious groups the same right that other school groups have to hold meetings at school? (A) The 9th Amendment (B) Lemon v. Kurtzman (C) The Equal Access Act (D) The Establishment Clause
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C
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Which part of the Constitution supports the Supreme Court's decision that Amish children do not have to attend school past the eighth grade? (A) The Free Exercise Clause (B) The 2nd Amendment (C) The 10th Amendment (D) The Establishment Clause
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A
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Which phrase refers to the right to worship in whichever way one chooses? (A) Due process (B) Religious liberty (C) Civil rights (D) Official religion
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B
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What is one argument made by people who support state aid to parochial schools? (A) Parochial schools pay higher state taxes. (B) Parochial schools make use of unwanted books. (C) Parochial schools save the state money. (D) Parochial schools are smaller than public schools.
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C
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Which is an example of the Supreme Court limiting the free exercise of religion? (A) Amish schoolchildren must be allowed to stop attending school after eighth grade. (B) State legislatures must be allowed to begin sessions with an opening prayer. (C) People with religious objections to serving in the military can still be drafted. (D) Student religious groups must be allowed to meet on school grounds after hours.
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C
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Which is true about religious guarantees under the 1st Amendment? (A) Congress may prohibit people from worshipping. (B) States may prohibit the practice of certain religions. (C) People may worship as they choose, or not at all. (D) Minors must practice the religion of their parents.
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C
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What is a parochial school? (A) A state-established school (B) A county school (C) A public school (D) A church-related school
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D
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Each of the following is part of the Lemon Test for determining whether state aid to church schools is constitutional except _____. (A) The aid must not advance or inhibit religion. (B) The aid must not allow too much mixing of government and religion. (C) The aid must not cost the state any money. (D) The aid must not have a religious purpose.
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A
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The Supreme Court upheld _____. (A) Disregarding a law that said schoolchildren must be vaccinated. (B) A law requiring businesses to be closed on Sundays in some areas. (C) Violating the law or others' safety for religious reasons. (D) Exempting people with religious objections from military service.
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C
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What did the Equal Access Act of 1984 say about student religious groups? (A) They can meet at school just like other school groups. (B) They can meet at school with teacher supervision. (C) They can meet at school with the approval of voters. (D) They cannot meet at school under any circumstances.
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A
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Which case was the Supreme Court's first ruling on the Establishment Clause? (A) Everson v. Board of Education (B) Stone v. Graham (C) Lemon v. Kurtzman (D) McCollum v. Board of Education
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A
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The following practices are protected under the Free Exercise Clause except _____. (A) Changing religions several times. (B) Following an unpopular religion. (C) Attending any church one chooses. (D) Forcing one's beliefs on others.
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D
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According to the Supreme Court, when is it acceptable for a government body to display a religious nativity scene? (A) When the display only celebrates the birth of Jesus. (B) When the display is shown for only a short period. (C) When the display is approved by a majority of citizens. (D) When the display features other seasonal items.
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D
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Three years after its original ruling, the Supreme Court reversed its opinion about which law? (A) A law requiring schoolchildren to be vaccinated. (B) A law requiring businesses to be closed on Sundays. (C) A law requiring Amish children to attend school. (D) A law requiring students to salute the flag.
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D
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Which is a result of the Free Exercise Clause? (A) Parents can prevent their children from being vaccinated. (B) Businesses that sell religious materials can be open only on Sundays. (C) People with a religious objection to military service cannot be drafted. (D) Amish children do not have to attend school past the eighth grade.
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D
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In McCollum v. Board of Education, why did the Supreme Court strike down a public school "released time" program? (A) The students did not want to attend the classes. (B) The classes were not open to all students. (C) The classes taught incorrect religious ideas. (D) The religious classes were held in public facilities.
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D
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False or unjust statements in writing:
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Libel.
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False or unjust statements in speech:
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Slander.
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Why is freedom of expression important to the American system of government? (A) It allows citizens to slander government officials. (B) It allows businesses to make false statements for sales gains. (C) It allows the government to control the news media. (D) It allows voters to discuss matters of public interest.
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D
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Which activity is an example of slander? (A) Printing an article that encourages criminal acts. (B) Giving a speech that spreads harmful lies about a private citizen. (C) Publishing a book with deliberate false statements about a business. (D) Criticizing the government during a radio interview.
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B
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An effort of people or groups to overthrow or harm the government by using violence:
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Sedition.
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Speech that encourages an effort of people or groups to overthrow or harm the government by using violence:
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Seditious speech.
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Spying:
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Espionage.
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Material that is indecent:
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Obscenity.
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What does the Espionage Act make illegal?
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To encourage disloyalty in the military or to speak or print disloyal statements about the government.
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Which law or principle gives Congress the right to ban certain kinds of speech? (A) The 14th Amendment. (B) The Establishment Clause. (C) The "clear and present danger" rule. (D) The freedom of the press.
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C
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Why is it difficult to legally determine whether material is obscene? (A) There has been no debate about what materials are obscene. (B) The Supreme Court has no test to decide whether material is obscene. (C) Moral standards differ widely among American citizens and communities. (D) Obscene material is protected by the 1st Amendment.
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C
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Placing a ban on written or spoken words before they are expressed:
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Prior restraint.
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Laws that give reporters some protection against having to reveal their sources:
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Shield laws.
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What was the court's ruling for the paper in Near v. Minnesota?
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The Court ruled that the state could not place prior restraint on the paper; that is, it could not stop publication of the paper on the basis of what the paper might publish.
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What may happen if news reporters' sources are not kept private?
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Those sources may leave out important information when talking with reporters or may refuse to be interviewed at all.
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How does the Court ruling prohibiting prior restraint enhance the right of expression? (A) It states that the government may not censor most kinds of speech before they are expressed. (B) It allows the expression of obscene material regardless of community standards. (C) It states that the government may not restrict spoken statements, regardless of their truthfulness. (D) It allows the publication of material calling for violent overthrow of the government.
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A
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Communicating ideas through facial expressions, body language, or by carrying a sign or wearing an arm band:
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Symbolic speech.
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The gathering of striking workers at a business site as a sign of protest:
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Picketing.
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Speech for business purposes, most often for advertising:
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Commercial speech.
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The Supreme Court has protected flag burning as what kind of speech? (A) Seditious speech (B) Commercial speech (C) Symbolic speech (D) Site picketing
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C
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The Federal Communications Commission (FCC) has each of these powers except _____. (A) Regulating radio broadcasts. (B) Censoring programs before they are broadcast. (C) Banning obscene language. (D) Refusing to renew a broadcast station's license.
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B
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Which form of commercial speech was ruled to be protected by the Constitution in a Supreme Court decision? (A) False advertising (B) Chewing tobacco ads (C) Prescription drug advertising (D) Cigarette ads
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C
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Each of these activities is protected by the constitutional right of free expression except _____. (A) A TV reporter broadcasts an interview with a convicted criminal. (B) A newspaper publishes its opinion about the President's job performance. (C) A blogger publishes secret national security information. (D) A legislator gives a speech criticizing American military policy.
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C
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Which is an example of symbolic speech? (A) Using funny language in commercial speech. (B) Using colorful language during a political speech. (C) Wearing a pink ribbon to promote cancer awareness. (D) Advertising a restaurant in the local newspaper
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C
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Which group most often engages in commercial speech? (A) Journalists (B) Demonstrators (C) Advertisers (D) Politicians
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C
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American citizens' right to free speech is guaranteed by _____. (A) The 2nd Amendment (B) The Establishment Clause (C) The Due Process Clause (D) The 1st Amendment
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D
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In Bigelow v. Virginia, 1975, the Supreme Court extended protection to which form of speech? (A) Slander (B) Libel (C) Advertising (D) Sedition
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C
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Which accurately describes the principle of prior restraint? (A) Malicious speech can be banned prior to its expression. (B) The government may not ban speech before it is expressed. (C) Newspapers may not print articles about government corruption. (D) States may outlaw types of speech that the federal government may not.
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B
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A group is meeting in a public park to promote environmental awareness. Which right is the group exercising? (A) The right to commercial speech. (B) The right to assemble. (C) The right to symbolic speech. (D) The right to petition.
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B
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A doctrine that the government may not regulate assemblies on a basis of what might be said:
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Content neutral.
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In Forsyth County v. Nationalist Movement, 1992, the Supreme Court struck down a law that attempted to restrict an assembly based on _____. (A) The time when it was held. (B) The ideas it expressed. (C) The way it was conducted. (D) The place where it occurred.
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B
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How did the decision in Gregory v. Chicago, 1969, affect the right to assembly on public property? (A) Marchers cannot be stopped because of spectators' unruly behavior. (B) Marchers are no longer allowed to protest segregation. (C) Marchers are no longer allowed to walk for more than five miles. (D) Marchers do not need to give prior notice of their activities.
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A
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In what way does the Supreme Court allow citizens to assemble and petition on private property? (A) It has ruled that states may allow people to petition at shopping centers. (B) It allows people to trespass on private property for the purpose of political expression. (C) It says people have the right to hand out leaflets in private shopping centers. (D) It allows the collection of petition signatures on all private property.
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A
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The idea that citizens may freely associate with others to promote a cause:
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Right of association.
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Why is the right of association not an expressed right in the United States? (A) The right of association is not listed in the Constitution. (B) The right of association is not considered a part of freedom of expression. (C) The Constitution prohibits promoting personal causes. (D) The Constitution requires submitting a membership list to the government.
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A
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Why can't the government force an organization to accept everyone who applies as a member? (A) Because doing so might go against the organization's beliefs. (B) Because the right of association is stated in the Constitution. (C) Because association membership is governed by state courts. (D) Because membership lists must be approved by the state.
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A
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The government can stop a public protest of its policies if _____. (A) The protest is unpopular. (B) The demonstrators endanger public safety. (C) The protest is on public property. (D) The demonstrators face counter-demonstrators.
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B
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Which is true about the right of association? (A) It requires a permit. (B) It is listed in the 1st Amendment. (C) It is not an absolute right. (D) It requires a membership list.
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C
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Which limitation can local governments place on the right of assembly? (A) They may prevent any gathering if they disagree with the group. (B) They may require a permit for a public gathering. (C) They may stop any gathering in a private place. (D) They may determine whether a gathering is indoors or outdoors.
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B
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Which Supreme Court case decided that demonstrations cannot be dispersed because of the unruliness of spectators? (A) Forsyth County v. Nationalist Movement (B) Gregory v. Chicago (C) Bigelow v. Virginia (D) Cox v. Louisiana
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B
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What did the Supreme Court's decision in Boy Scouts of America v. Dale, 2000, rule about the right of association? (A) States can require associations to submit membership lists. (B) States can set restrictions on who can join an association. (C) States can force associations to accept all members. (D) States cannot force associations to accept members.
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D
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The case National Association for the Advancement of Colored People v. Alabama, 1958, struck down which limitation on the right of association? (A) Providing membership lists to the government. (B) Requiring associations to meet on private property. (C) Putting limits on who can join an association. (D) Paying a membership fee to the government.
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A
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Which protects a peaceful political organization from having to report its membership to the government? (A) Slander laws (B) Prior restraint (C) Right of association (D) Shield laws
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C
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Which can the government legally prohibit when applying rules for time, place, and manner of assembly? (A) A celebration at a national monument. (B) An antiwar march near a state capitol. (C) A protest that gathers near a school. (D) A political rally near the White House.
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C
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The government may prohibit an assembly for any of the following reasons except _____. (A) What might be said (B) Where it takes place (C) How it is conducted (D) When it occurs
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A
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Which guarantees U.S. citizens' right to peacefully assemble? (A) The 1st Amendment (B) Prior restraint (C) The Establishment Clause (D) Shield laws
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A
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The 1931 case Near v. Minnesota ruled that free speech cannot be forbidden by _____. (A) Prior restraint (B) Separation of church and state (C) Clear and present danger (D) Obscene materials
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A
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The right of free speech protects each of the following activities except _____. (A) Supporting a candidate who is not affiliated with either major party. (B) Expressing a controversial opinion that angers many people. (C) Criticizing the decisions of the President during wartime. (D) Spreading false statements that damage someone's reputation.
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D
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Shield laws protect _____. (A) Freedom of the press (B) Symbolic speech (C) Due process (D) Freedom of religion
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A
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Why are protests often held in public places? (A) To gain attention and publicity. (B) To hold the protest at any time, day or night. (C) To avoid the presence of police. (D) To avoid legal restrictions on assembly.
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Ax
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_____ are the protections granted by government. (A) Civil rights (B) Expressed powers (C) Implied powers (D) Unalienable rights
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A
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The Supreme Court has ruled that states can require the owners of shopping centers to allow which activities on their property? (A) Elections (B) Protests (C) Parades (D) Petitions
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D
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Which kind of speech does the government limit on radio and television broadcasts? (A) Obscene language (B) Foreign language (C) Differing opinions (D) Political speech
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A
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In Forsyth County v. Nationalist Movement , 1992, which limitation on public gatherings was struck down by the Supreme Court? (A) Requiring a fee for public demonstrations. (B) Prohibiting protests based on location. (C) Requiring a permit for public gatherings. (D) Prohibiting protests on national holidays.
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C
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Which gives Americans the right to publish or broadcast opinions and ideas freely? (A) Freedom of the press (B) The Due Process Clause (C) Freedom of speech (D) The Establishment Clause
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A
