Deck 2: Constitutional Limits on Criminal Laws

Question 1

Which of the following amendments includes protections and guarantees that exist at the heart of democracy?

A) First Amendment
B) Second Amendment
C) Fourth Amendment
D) Eighth Amendment

Answer 1

A

Question 2

Which of the following rights is not promised in the First Amendment?

A) Free speech
B) Speedy trial
C) Freedom of press
D) Right to petition the state for redress

Answer 2

B

Question 3

The right to speak freely is the bedrock of a democratic society.

Answer 3

True

Question 4

Free speech is not protected in which of the following societies?

A) Totalitarian and Militaristic
B) Totalitarian and Democratic
C) Democratic and Militaristic
D) Democratic and Communist

Question 5

The First Amendment prevents the government from restricting expression base on its

A) ideas.
B) subject matter.
C) message.
D) All of the above

Question 6

Freedom of speech and expression encourage people to speak freely without fear of punishment.

Question 7

What did the U.S. Supreme Court rule in Brandenburg v. Ohio (1969).

Question 8

Symbolic speech must be designed to communicate a message.

Question 9

Identify the key issues that are generally at the root of flag burning.

Question 10

Which of the following cases involved the burning of a draft card?

A) Tinker v. Des Moines (1969)
B) Schacht v. U.S. (1970)
C) U.S. v. O'Brien (1968)
D) Brown v. Louisiana (1966)

Question 11

Which of the following cases involved the burning of a cross?

A) U.S. v. Grace (1983)
B) Spence v. Washington (1974)
C) Texas v. Johnson & U.S. v. Eichman (1989, 1990)
D) R.A.V v. St. Paul & Virginia v. Black (1992, 2003)

Question 12

Which of the following cases involved the refusal to salute the U.S. flag?

A) W. VA State Board of Ed. v. Barnette (1943)
B) U.S. v. Grace (1983)
C) Spence v. Washington (1974)
D) Schacht v. U.S. (1970)

Question 13

Which of the following cases involved picketing outside of the Supreme Court?

A) Schacht v. U.S. (1970)
B) Spence v. Washington (1974)
C) Texas v. Johnson & U.S. v. Eichman (1989, 1990)
D) U.S. v. Grace (1983)

Question 14

Which of the following cases involved the wearing of a military uniform to protest war?

A) Brown v. Louisiana (1966)
B) Tinker v. Des Moines (1969)
C) Schacht v. U.S. (1970)
D) Texas v. Johnson & U.S. v. Eichman (1989, 1990)

Question 15

Which of the following cases involved a sitting-in protest at a library, which was geared towards the issues of segregation.

A) Texas v. Johnson & U.S. v. Eichman (1989, 1990)
B) Brown v. Louisiana (1966)
C) Spence v. Washington (1974)
D) Tinker v. Des Moines (1969)

Question 16

What did the U.S. Supreme Court rule in Spence v. Washington (1974)?

Question 17

The Supreme Court reversed the conviction on the grounds that flag burning was constitutionally protected by symbolic speech in which of the following cases?

A) Spence v. Washington (1974)?
B) Texas v. Johnson (1989)
C) Tinker v. Des Moines (1969)
D) Brown v. Louisiana (1966)

Question 18

Explain the Flag Protection Act.

Question 19

In which of the following cases was the Flag Protection Act challenged?

A) Texas v. Johnson (1989)
B) Schacht v. U.S. (1970)
C) U.S. v. Eichman (1990)
D) U.S. v. Grace (1983)

Question 20

Which of the following are categories of speech that does not have constitutional protection?

A) Obscenity
B) Fighting words
C) Language that causes clear and present danger
D) All of the above

Question 21

Obscenity is protected by the U.S. Constitution.

Question 22

The Supreme Court looks at which of the following factors when deciding whether something is obscene?

A) Whether material is lewd
B) Whether the material violated community standards
C) Whether the material had social value
D) All of the above

Question 23

The U.S. Supreme Court has stopped using the Miller test to decide whether material is obscene.

Question 24

In which of the following cases did the Supreme Court hold that a person has a right to have obscene material in the privacy of their own home?

A) Miller v. California (1973)
B) Jacobellis v. Ohio (1964)
C) Stanley v. Georgia (1969)
D) Chaplinksy v. New Hampshire (1942)

Question 25

In which of the following cases did the Supreme Court hold that stats can prohibit intentionally hateful communication?

A) Stanley v. Georgia (1969)
B) Wisconsin v. Mitchell (1993)
C) Chaplinksy v. New Hampshire (1942)
D) R.A.V. v. St. Paul (1992)

Question 26

The Court held that it is constitutional for a state to impose a longer sentence against an offender for a racially motivated crime in the _____________ case.

A) Wisconsin v. Mitchell (1993)
B) Chaplinksy v. New Hampshire (1942)
C) R.A.V v. St. Paul (1992)
D) Schenck v. United States (1919)

Question 27

Speech that creates an immediate threat of violence is not constitutionally protected.

Question 28

Protected forms of speech can be regulated by the state.

Question 29

The government can decide on which of the following?

A) When public speech is permissible
B) Where public speech is permission
C) Under what circumstance is speech permissible
D) All of the above

Question 30

Which of the following are considered to be restrictions imposed by states and municipalities, among other entities?

A) Time
B) Place
C) Manner
D) All of the above

Question 31

The Second Amendment protects right to assemble.

Question 32

The Supreme Court has upheld the practice of animal sacrifice for members of the Santeria religion.

Question 33

In the _______ case the Court held that the Second Amendment applies to the states through the Fourteenth Amendment's due process clause.

A) District of Columbia v. Heller (2008)
B) Edwards v. South Carolina (1963)
C) McDonald v. Chicago (2010)
D) Harmelin v. Michigan (1991)

Question 34

There are two due process clauses.

Question 35

The ________ Amendment guarantees due process for federal laws.

A) First
B) Second
C) Fifth
D) Fourteenth

Question 36

The prohibition against cruel and unusual punishment refers to pretrial jail terms.

Question 37

In _______ the U.S. Supreme Court held that as long as a sentence is not grossly disproportionate to the crime, it may be upheld.

A) Harmelin v. Michigan (1991)
B) Graham v. Florida (2010).
C) McLaughlin v. Florida (1964)
D) Loving v. Virginia (1967)

Question 38

Which of the following clauses was added to the Fourteenth Amendment?

A) Due Process Clause
B) Equal Protection Clause
C) Establishment Clause
D) Probable Clause

Question 39

Equal protection challenges have been raised in which of the following cases?

A) Racial desegregation
B) Interracial marriage
C) Capital punishment
D) All of the above

Question 40

In 1967, ________ states have anti-miscegenation laws.

A) 10
B) 14
C) 16
D) 19

Question 41

A key concern with vague laws is that they may be used to punish members of socially marginal groups.

Question 42

The right to privacy has evolved through Supreme Court decisions.

Question 43

The right to privacy covers which of the following areas?

A) Contraception
B) Family relations
C) Sexual relations
D) All of the above

Question 44

The right to privacy has roots in all of the following amendments except?

A) Third Amendment
B) Fourth Amendment
C) Ninth Amendment
D) Fourteenth Amendment

Question 45

The right to terminate a pregnancy is one of the most contentious areas involving right to privacy.

Question 46

Which of the following restrictions have been upheld by Supreme Court cases after Roe v. Wade (1973)?

A) 24-hour waiting period
B) Informed consent provisions
C) Parental consent for minors
D) All of the above