Unit 5 (Government) – Flashcards
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Slander differs from libel in that it refers to
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oral statements.
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The earliest incorporations of portions of the Bill of Rights relied upon
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the due process and equal protection clauses.
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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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One form of symbolic speech permitted by the Supreme Court is
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flag burning
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In the early 1920s, the Supreme Court upheld the conviction of Charles T. Schenck under the Espionage Act because
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his actions presented a clear and present danger.
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A good example of how community sensitivities and personal self-expression can sometimes conflict is that of
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nude dancing.
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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 Wendell Holmes
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The use of dogs to sniff high school lockers for drugs has been determined by the Supreme Court to be
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constitutional if incident to a reasonable search
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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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The Espionage and Sedition Acts were largely stimulated by fears of
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Germans and radicals
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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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The Bill of Rights has come to apply to the states through the interpretation of
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the Fourteenth Amendment
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The First Amendment does not address
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the right to bear arms
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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 English jurist William Blackstone believed that freedom of the press should be characterized by
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freedom from prior restraint
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When U.S. Nazis sought to parade in Skokie, Illinois, where many Jews lived, the courts
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upheld their right to parade peacefully
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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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Written defamation of character is known as
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libel
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If you, as a public figure are harmed grievously by the written statements of someone who cannot prove that they were true, you
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can collect damages if you demonstrate malice
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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, artistic, political, or scientific value
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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
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virtual, or computer simulated images
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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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When the House and the Senate recently considered a law making it a federal crime to burn the American flag,
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it passed on both houses by large majorities
