GOVT Chapter 4 – Flashcards
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Debates over the right to die most concern which civil liberty?
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Privacy
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The Supreme Court's decision in Griswold v. Connecticut
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Established the right to privacy as existing in the Bill of Rights
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Privacy rights are most central to which of the following controversial issues?
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Abortion
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The Bill of Rights originally applied to:
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Only the national government
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"Proportionality" is an unsettled area of Eighth Amendment law because:
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Some punishments may be so disproportionate to the crime that they constitute "cruel and unusual punishment"
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The broad right to an abortion, subject to specific state limitations, was guaranteed in which court case?
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Roe v. Wade
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Which of the following protections refers to prohibitions against being tried twice for the same crime?
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Double Jeopardy
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Which statement describes the recent trends in laws about abortion?
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The states have been making it more difficult to obtain an abortion.
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When the Supreme Court says that specific parts of the Bill of Rights apply to the actions of state government, it is engaging the doctrine of:
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Selective Incorporation
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The clear and present danger test established in Schenck v. United States allowed suppression of speech that might prevent the government's ability to fight a war because:
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The government had a right to protect its own security and existence against "substantive evils"
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Which of the following forbids states from denying "life, liberty, or property" without following rules based on the Bill of Rights?
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Due Process Clause
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Privacy rights are controversial because:
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They are not explicitly stated in the Bill of Rights
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Even after the Civil War, former slaves did not enjoy the same protection from state governments as they did from the national government. Why?
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The Supreme Court still embraced the standard of dual citizenship, despite the Fourteenth Amendment
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When it comes to the question of prior restraint on the press, the Supreme Court:
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Has set a high bar for the government to meet if it wants to restrict the press
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A township passes an ordinance that prevents a Nazi group from marching through town. The Supreme Court would likely overturn the ordinance as a violation of the group's freedom of:
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Assembly
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The Pentagon Papers case balanced what two considerations?
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Freedom of the press and national security
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Speech that is offensive or abusive, particularly in terms of race, gender, or sexual orientation, is called:
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Hate speech
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Under what circumstances can government regulate freedom of assembly?
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Time, place, and manner of the event as long as the regulation is content neutral
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What types of searches may be permitted based on a weaker "reasonable suspicion"?
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School searches
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Under what circumstances have the courts allowed symbolic speech to be regulated?
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When the symbolic speech conflicts with another substantial government interest unrelated to ideas
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Which of the following does NOT constitute an example of symbolic speech?
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Destroying public property during a protest
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Despite treating campaign spending as a form of protected speech, the Supreme Court does prohibit:
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"Soft money" contributions to political parties
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Spending in campaigns by individuals and groups that is independent of the candidate's campaign is:
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Protected and unregulated speech because the Courts have ruled that such spending is not corruptive
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Which of the following is NOT one of the due process rights?
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Freedom from government requirements to provide housing for soldiers
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In 2013 the Court passed down a ruling saying that DNA:
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Could be collected as part of identifying an arrested suspect
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The Supreme Court has ruled that the government can make laws about commercial speech when:
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That speech is misleading
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Statements that damage someone's reputation are called:
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Libel or slander
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The Miller test is a set of rules determining whether:
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Something is obscene
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Fighting words, obscenity, and libel receive:
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Less protection than political speech
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Current legal standards on libel and slander distinguish between comments made about average, ordinary people and those made about:
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Public Figures