Deck 4: Civil Liberties: Protecting Individual Rights

Question 1

Justice Stone argued in 1938 that

A)citizens should have priority over non-citizens in the legal system.
B)First Amendment rights are the basis of most other rights.
C)the interests of the majority are more important than the rights of the individual.
D)the requirements of national security take precedence over freedom of expression.
E)the Bill of Rights should be fully applied to the states.

Answer 1

B

Question 2

Which of the following is correct with regard to obscenity and the law?

A)Obscenity is not protected by the First Amendment.
B)Obscenity is never unlawful.
C)Child pornography is protected by the First Amendment.
D)Obscenity has been easy for courts to define with precision.
E)Obscenity is protected under the Ninth Amendment.

Answer 2

A

Question 3

Like all other rights,the right of free expression is

A)spelled out in precise terms in the Bill of Rights.
B)not absolute.
C)fully respected by public officials.
D)protected from action by federal officials but not state officials.
E)None of these answers is correct.

Answer 3

B

Question 4

The establishment clause prohibits government from

A)establishing exceptions to the Bill of Rights.
B)establishing exceptions to the Fourteenth Amendment.
C)favoring one religion over another or supporting religion over no religion.
D)interfering with freedom of assembly.
E)interfering with the right to bear arms.

Question 5

In the case of McNabb v.United States,Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether

A)governments had observed procedural guarantees.
B)those convicted are actually guilty.
C)those convicted have the opportunity for appeal.
D)those convicted are treated humanely while imprisoned.
E)everyone is treated fairly in every case.

Question 6

The exclusionary rule states that

A)federal law cannot be applied in state courts.
B)the laws of one state court cannot be applied in the courts of another state.
C)after seven years,the statute of limitations applies,except in murder cases.
D)evidence obtained illegally is inadmissible in court.
E)state law cannot be applied in federal courts.

Question 7

Justice Holmes's "clear and present danger" test holds that government can

A)restrict speech that threatens national security.
B)restrict any speech of an inflammatory nature.
C)imprison political dissidents during time of war without following normal procedures.
D)engage in prior restraint of the press whenever national security is at issue.
E)restrict speech that is disrespectful to specific classes of citizens.

Question 8

The conviction of members of the U.S.Communist Party in the early 1950s was initially upheld as a lawful restriction of the right

A)not to incriminate oneself.
B)of free speech.
C)to a jury trial.
D)to confront one's accusers in a court of law.
E)to worship any religion of choice.

Question 9

The individual right that is widely regarded as the most basic of individual rights is

A)the right to an attorney.
B)freedom of expression.
C)the right to a jury trial.
D)the right to an adequate education.
E)protection against illegal searches and seizures.

Question 10

Which of the following is true of the appeal process?

A)The Constitution guarantees at least one appeal after conviction,but many states continue to challenge this guarantee in court.
B)Both the federal and all state constitutions guarantee an appeal after conviction.
C)The Constitution does not guarantee an appeal after conviction,but the federal government and all states permit at least one appeal.
D)There are no guarantees of appeal at the federal or state level,but the appeal process has been effectively certified through common practice.
E)The guarantee of appeal in the states was established as part of selective incorporation as applied to the Fourteenth Amendment.

Question 11

In 2007 the Supreme Court reversed its stance on partial-birth abortion,largely due to the replacement of Sandra Day O'Connor with

A)Samuel Alito.
B)Anthony Kennedy.
C)Ruth Bader Ginsburg.
D)William Rehnquist.
E)Antonin Scalia.

Question 12

Government can lawfully prevent a political rally from taking place

A)under no circumstances;people have an unconditional right to express their views.
B)when the rally would require unduly expensive police protection.
C)when the views of those holding the rally are unpopular.
D)when it can demonstrate that harmful acts will necessarily result from the rally.
E)None of these answers is correct.

Question 13

The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by

A)actions of the president.
B)the actions of individuals.
C)actions of the federal government.
D)actions of state governments.
E)actions of the U.S.military.

Question 14

The inclusion of certain provisions of the Bill of Rights in the Fourteenth Amendment,so that these rights are protected from infringements by the state governments,is called

A)the preferred position doctrine.
B)procedural change.
C)selective incorporation.
D)the absorption doctrine.
E)prior restraint.

Question 15

The Supreme Court upheld the use of tax-supported vouchers to attend private or parochial school in

A)Engel v.Vitale.
B)Griswold v.Connecticut.
C)Zelman v.Simmons-Harris.
D)Ashcroft v.Free Speech Coalition.
E)Miller v.California.

Question 16

Spoken words that are known to be false and harmful to a person's reputation are an example of

A)libel.
B)slander.
C)blasphemy.
D)obscenity.
E)symbolic speech.

Question 17

According to the Supreme Court,prayer in public schools violates

A)the free exercise clause.
B)the establishment clause.
C)the exclusionary rule.
D)procedural due process.
E)the clear and present danger test.

Question 18

The term civil liberties refers to specific individual rights that

A)apply in civil cases but not in criminal cases.
B)apply in civil cases but not in military ones.
C)are constitutionally protected from infringement by government.
D)are constitutionally protected from infringement by individuals.
E)are not covered by the First Amendment.

Question 19

In Mapp v.Ohio,the selective incorporation process was extended to include

A)criminal proceedings in the states.
B)civil cases.
C)pleas of insanity.
D)children (minors)accused of crime.
E)indigent litigants.

Question 20

The Supreme Court's position on prior restraint of the press is that

A)national security needs are of highest priority.
B)only classified government documents are subject to prior restraint.
C)prior restraint can never be exercised by government.
D)prior restraint should apply only in rare circumstances,and it is better to hold the press responsible for what it has printed than to restrict what it may print.
E)prior restraint should be used fairly frequently in a democracy.

Question 21

The inevitable discovery exception

A)holds that the exclusionary rule can be waived in cases where failure to convict can lead to further public harm.
B)holds that otherwise excludable evidence can be admitted in trial if police believed they were following the proper procedures.
C)allows the use of evidence that would have been discovered regardless by other means or through other forms of evidence.
D)has effectively invalidated the exclusionary rule.
E)holds that a convicted person may not appeal the conviction when his or her own actions would have ultimately led to further unlawful acts.

Question 22

,the Supreme Court justices determined that

A)the right of privacy includes abortion in the early months of pregnancy.
B)search warrants are not needed in murder investigations.
C)freedom of speech and freedom of assembly sometimes conflict.
D)state militia members have the right to peacefully assemble.
E)the right to privacy does not include homosexual acts.

Question 23

The Fourth Amendment protects Americans from

A)any search conducted without a warrant.
B)unreasonable searches.
C)unreasonable searches conducted only by federal officers.
D)all searches conducted by state officers.
E)searches conducted only by local officers.

Question 24

What is the greatest restriction on appeals in the United States?

A)the refusal by state appeals court judges to grant even a first appeal
B)a federal law that bars in most instances a second federal appeal by a state prison inmate
C)the lack of any formal right of appeal in the federal process
D)a federal law that bars a first federal appeal to persons convicted of homicides
E)the very low income of some convicted persons,which reduces their ability to appeal

Question 25

"You have the right to remain silent....Anything you say can and will be used against you in a court of law....You have the right to an attorney".This is called the

A)preferred position doctrine.
B)clear and present danger test.
C)Miranda warning.
D)fairness doctrine.
E)None of these answers is correct.

Question 26

The Miranda warning was upheld by the Supreme Court in 2000 in

A)Palko v.Connecticut.
B)Stenberg v.Carhart.
C)Reno v.ACLU.
D)Ferguson v.Charleston.
E)Dickerson v.United States.

Question 27

Voluntary school prayer in the public schools was ruled unconstitutional in

A)Escobedo v.Illinois (1964).
B)Engel v.Vitale (1962).
C)Buckley v.Valeo (1976).
D)Gitlow v.New York (1925).
E)Roth v.United States (1957).

Question 28

According to the Supreme Court,which is true regarding freedom of assembly?

A)Individuals have the right to command immediate access to a public auditorium.
B)Individuals have the right to hold a public rally in the middle of a busy intersection at a time of their choosing.
C)Public officials can regulate the time,place,and conditions of public assembly,provided the regulations are reasonable.
D)Public officials can prohibit assembly by unpopular groups.
E)Freedom of assembly is an absolute right,because it is in the First Amendment.

Question 29

According to the Supreme Court,what is the status of prayer in the public schools?

A)Formal prayer is not allowed,but moments of silence are constitutional.
B)State-supported prayers are not allowed in public schools.
C)Prayer is now allowed,but each school must allow students to leave the classroom when prayers are read aloud.
D)Bible readings in public schools are constitutional.
E)Student-led prayers at public school football games are constitutional.

Question 30

The freedoms of speech,press,assembly,and petition are found in

A)the First Amendment.
B)the Fourth Amendment.
C)the Sixth Amendment.
D)the Tenth Amendment.
E)the Fourteenth Amendment.

Question 31

,the Supreme Court ruled that

A)the Espionage Act was unconstitutional.
B)speech could be restricted when the nation's security is at stake.
C)speech unrelated to national security can never be restricted.
D)speech by unpopular groups can be restricted more than speech by popular groups.
E)all forms of political dissent are constitutional.

Question 32

The Supreme Court has reasoned that a right of privacy is provided by

A)the Civil Rights Act of 1964.
B)the Ninth Amendment,which says that people's rights are not limited to those enumerated in the Constitution.
C)the Tenth Amendment,which reserves to the people and the states those powers not granted to the federal government.
D)the implication of said right by the freedoms in the Bill of Rights.
E)the Civil Rights Act of 1991.

Question 33

Which of the following,relative to the others,is typically more protective of individual rights?

A)the U.S.Congress
B)the general public
C)public opinion
D)the presidency
E)the judiciary

Question 34

,the justices

A)ruled that states are free to adopt abortion laws of their choosing.
B)reaffirmed the essential aspects of Roe v.Wade.
C)invoked the Ninth Amendment for the first time in an abortion decision.
D)invalidated the right to an abortion in the early months of pregnancy.
E)None of these answers is correct.

Question 35

The right to privacy was instrumental in which decision?

A)Roe v.Wade
B)Mapp v.Ohio
C)Schenck v.United States
D)Miranda v.Arizona
E)New York Times Co.v.United States

Question 36

?

A)allowing the prosecution an unlimited number of challenges in capital cases
B)preventing convicted persons in capital cases from filing an appeal
C)preventing the prosecution from challenging jury selections in felony cases
D)the failure to provide low income defendants with court-appointed lawyers
E)encouragement of low income defendants to act as their own attorney

Question 37

Which of the following is the only country that comes close to the United States in terms of the percentage of its citizens who are behind bars?

A)Singapore
B)Japan
C)Great Britain
D)Romania
E)Russia

Question 38

In the Johnson flag-burning case,the Supreme Court ruled that

A)flag burning is an imminent danger to public safety.
B)flag burning is not symbolic speech.
C)flag burning,although offensive,cannot be prohibited.
D)flag burning can be prohibited by the national government but not by the states.
E)flag burning could be banned by Congress.

Question 39

According to the Supreme Court,prior restraint on the press is only acceptable if

A)lower federal courts approve the action.
B)the government can clearly justify the restriction.
C)the press itself willingly accepts that restraint.
D)the press is careless in its claims.
E)the press is malicious in its intent.

Question 40

Which of the following is true about the Sedition Act of 1798?

A)The Act prohibited malicious newspaper stories about the president.
B)The Supreme Court ruled the Act unconstitutional.
C)The Senate voted it down,while the House passed it.
D)Thomas Jefferson strongly supported it.
E)The state governments refused to enforce it.

Question 41

Roughly a third of all executions in the past quarter-century have taken place in

A)Vermont.
B)South Carolina.
C)Texas.
D)Alabama.
E)California.

Question 42

In the Constitution,procedural due process is protected by the

A)Fourth Amendment.
B)Fifth Amendment.
C)Sixth Amendment.
D)Eighth Amendment.
E)All these answers are correct.

Question 43

Which of the following amendments contains a due process clause?

A)First
B)Tenth
C)Third
D)Fourteenth
E)Twenty-first

Question 44

Explain the concept of procedural due process and list several of the procedural rights protected by the Constitution.Do these rights apply to all levels of government? Explain.

Question 45

How has the Supreme Court interpreted the Eighth Amendment's prohibition against cruel and unusual punishment in recent years? Explain.

Question 46

Explain the concept of prior restraint of the press.Include one example of how the Supreme Court has ruled on this issue.

Question 47

How did the Supreme Court's position on the rights of the accused in state courts change in the 1960s?

A)The Supreme Court began to allow states greater freedom to interpret the rights of the accused.
B)The Supreme Court began to dramatically reduce federal power to force the states to make special accommodations for the rights of accused minorities.
C)The Supreme Court began to protect the rights of the accused from action by the states.
D)The Supreme Court position did not change noticeably.
E)The Supreme Court ceased to enforce the practice of selective incorporation.

Question 48

Since the 1980s,the Supreme Court has addressed the exclusionary rule by

A)expanding its application to virtually all criminal cases both at the state and federal levels.
B)determining that the rule was unconstitutional,in that it weakened the effectiveness of the police in maintaining an orderly society.
C)expanding its application to federal cases only.
D)expanding its application to state cases only.
E)None of these answers is correct.

Question 49

Which constitutional amendment protects the individual against self-incrimination?

A)First
B)Second
C)Fourth
D)Fifth
E)Ninth

Question 50

The USA Patriot Act

A)grants the government new powers of surveillance.
B)relaxed restrictions on the sharing of intelligence surveillance information with criminal investigators.
C)gives intelligence agencies the authority to share crime-related information with law enforcement agencies.
D)was enacted in response to the terrorist attacks of September 11,2001.
E)All these answers are correct.

Question 51

The Supreme Court

A)has ruled that even forms of symbolic speech considered to be dangerous to the public are protected.
B)ruled during the Vietnam war that the burning of draft registration cards was a protected form of symbolic speech.
C)has reduced its protections of symbolic speech dramatically,and recently has ruled against flag burning as a form of protected symbolic speech.
D)has protected symbolic speech much more substantially than it has protected verbal speech.
E)has generally protected symbolic speech,though less substantially than it has protected verbal speech.

Question 52

Libel applies to defamation of an individual's reputation through the

A)written word.
B)spoken word.
C)written and spoken word.
D)written,spoken,and symbolic word.
E)None of these answers is correct.

Question 53

In a 2004 case involving the issue of whether a U.S.citizen accused of terrorist acts is entitled to constitutional protections,the Supreme Court held that such citizens

A)are protected only if they live in the United States.
B)are protected only if they have not been previously convicted of a crime.
C)are protected only if law enforcement officials decide they deserve such protections.
D)must be handled by military courts.
E)do have the right to a judicial hearing.

Question 54

Gideon v.Wainwright is to the Sixth Amendment as Mapp v.Ohio is to the

A)First Amendment.
B)Fourth Amendment.
C)Fifth Amendment.
D)Eighth Amendment.
E)Tenth Amendment.

Question 55

When can police legally begin their interrogation of a suspect?

A)immediately upon arrest
B)after the suspect has been warned that his or her words can be used as evidence
C)only after the suspect has met with an attorney
D)after the suspect has been arrested and is in the custody of the police
E)after the suspect has been formally charged with a specific crime

Question 56

The right to counsel is guaranteed by the ________ Amendment.

A)First
B)Fifth
C)Sixth
D)Ninth
E)Tenth

Question 57

The Lemon test is designed to

A)test a state's practice of guaranteeing procedural due process rights.
B)ensure the secular nature of a government action.
C)prevent a prosecution or defense from creating a biased jury.
D)test state adherence to rights protected by proxy in the Fourteenth Amendment.
E)ensure that a defendant has been given access to counsel from the time of arrest through a trial.

Question 58

Discuss the differences between the First Amendment's establishment and free exercise clauses.

Question 59

Gideon v.Wainwright required the states to

A)temporarily abolish the death penalty.
B)expand the exclusionary rule to both felony and misdemeanor cases.
C)furnish attorneys for poor defendants in felony cases.
D)grant speedy trials to defendants after 90 days of delay.
E)provide more funding for education.

Question 60

If a person yells "fire" in a crowded theater when there is no fire,and people are hurt in the ensuing panic,that individual abused his/her freedom of speech according to the doctrine of

A)malice.
B)clear and present danger.
C)unlawful assembly.
D)privacy.
E)prior restraint.

Question 61

What is meant by selective incorporation? Discuss the history of this process and its importance to the protection of individual rights.