Chapter 4

Which of the following forms of expression does NOT have First Amendment protection? Multiple Choice A. symbolic speech B. child pornography C. political speech and expression D. religious freedom E. press autonomy

B. child pornography

_____ was created to transform the abstract idea that individuals have inalienable rights to life, liberty, and happiness into a set of specified constitutional rights. Multiple Choice A. The Sedition Act B. The Act of Toleration C. The Lemon test D. The Bill of Rights E. Selective Incorporation

D. The Bill of Rights

b. Original decision gave women full freedom to choose abortion during the first three months. Element or Not an Element

Element

b. A vodka company advertising on television Protected OR Unprotected

Unprotected

Among the following, who is most protective of individual rights? Multiple Choice A. judges B. elected officials C. the general public D. police officers E. None of these answers is correct. None are more or less protective of individual rights than the others.

A. judges

Which of the following is provided by the Fifth Amendment in the Bill of Rights? A. protection against self-incrimination and double jeopardy B. right to bear arms C. right to a jury trial and to an attorney D. protection against unreasonable search and seizure E. protection against cruel and unusual punishment

A. protection against self-incrimination and double jeopardy

The targeting of individuals from particular groups, such as African Americans, Hispanics, and Muslims, is known as Multiple Choice A. racial profiling. B. invasion of privacy. C. hyper-generalizing. D. guilt by association. E. proxemics profiling.

A. racial profiling.

Each of the scenarios below illustrates a liberty defined in the Bill of Rights. Identify the amendment that applies to the given scenario. a. The citizens of a small town in Connecticut were paid a reasonable amount when the state took their land to build a highway. This is an illustration of multiple choice A. the right to due process and just compensation (Amendment V). B. freedom of religion, speech, assembly, petition (Amendment I). C. right to bear arms (Amendment II). D. freedom from warrantless search and seizure (Amendment IV).

A. the right to due process and just compensation (Amendment V).

The right to privacy is explicitly guaranteed by Multiple Choice A. the Fourth Amendment and the Fifth Amendment. B. None of these answers is correct. C. the Ninth Amendment. D. the Third Amendment.

B. None of these answers is correct.

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

B. Public officials can regulate the time, place, and conditions of public assembly, provided the regulations are reasonable.

b. States cannot execute people under the age of 18, after the Supreme Court found in 2005 that such executions were "cruel and unusual." This decision illustrates multiple choice A. the right to due process and just compensation (Amendment V). B. freedom from cruel and unusual punishment (Amendment VIII). C. right to bear arms (Amendment II). D. the right to due process and just compensation (Amendment V).

B. freedom from cruel and unusual punishment (Amendment VIII).

e. Tens of thousands of protestors marched and rallied in Pittsburgh during the 2009 G20 economic summit. This illustrates multiple choice A. freedom from warrantless search and seizure (Amendment IV). B. freedom of religion, speech, assembly, petition (Amendment I). C. right to bear arms (Amendment II). D. the right to due process and just compensation (Amendment V).

B. freedom of religion, speech, assembly, petition (Amendment I).

d. Citizens of the District of Columbia have the same right to keep a firearm in the home as citizens of the States, according to a 2008 Supreme Court decision. This decision is an illustration of multiple choice A. the right to due process and just compensation (Amendment V). B. right to bear arms (Amendment II). C. freedom from warrantless search and seizure (Amendment IV). D. freedom of religion, speech, assembly, petition (Amendment I).

B. right to bear arms (Amendment II).

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

B. the Miranda warning.

In Bowers v. Hardwick (1986), the Supreme Court justices determined that Multiple Choice A. state militia members have the right to peacefully assemble. B. the right to privacy did not extend to consensual sexual relations among adults of the same sex. C. search warrants are not needed in murder investigations. D. freedom of speech and freedom of assembly sometimes conflict. E. the right of privacy includes abortion in the early months of pregnancy.

B. the right to privacy did not extend to consensual sexual relations among adults of the same sex.

The Fourth Amendment protects Americans from Multiple Choice A. searches conducted only by local officers. B. unreasonable searches. C. unreasonable searches conducted only by federal officers. D. any search conducted without a warrant. E. all searches conducted by state officers.

B. unreasonable searches.

Which of the following amendments prohibits "cruel and unusual punishment" of those convicted of crime? Multiple Choice A. Fourteenth Amendment B. Sixth Amendment C. Eighth Amendment D. Ninth Amendment E. First Amendment

C. Eighth Amendment

In the context of the District of Columbia v. Heller decision, which of the following is true of the Second Amendment? Multiple Choice A. It grants the federal government the right to abolish state militias. B. It ruled out all gun restrictions, such as the ban on gun ownership by former felons. C. It protects an individual right to possess a firearm unconnected with service in a militia. D. It restricts the use of firearms for purposes such as self-defense within the home. E. It bans the possession of handguns, including rifles or shotguns, within the district's boundaries.

C. It protects an individual right to possess a firearm unconnected with service in a militia.

Which of the following acts was passed by Congress after the September 11 terrorist attacks in order to lower the standard for judicial approval of wiretapping when terrorist activity was at issue? Multiple Choice A. Sedition Act B. Reconstruction Act C. USA Patriot Act D. Act of Toleration E. Foreign Intelligence Surveillance Act

C. USA Patriot Act

Which of the following is the doctrine that allows government to aid religious activity if no preference is shown toward a particular religion and if the assistance is of a nonreligious nature? Multiple Choice A. doctrine of prior restraint B. plain view doctrine C. accommodation doctrine D. doctrine of due process E. creationist doctrine

C. accommodation doctrine

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

C. after the suspect has been warned that his or her words can be used as evidence

The establishment clause prohibits government from Multiple Choice A. establishing exceptions to the Bill of Rights. B. interfering with freedom of assembly. C. favoring one religion over another or supporting religion over no religion. D. establishing exceptions to the Fourteenth Amendment. E. interfering with the right to bear arms.

C. favoring one religion over another or supporting religion over no religion.

In Hamdan v. Rumsfeld (2006), the U.S. Supreme Court ruled that the use of secret military tribunals to try detainees were unlawful because Multiple Choice A. they granted detainees the right to see the evidence against them. B. Guantánamo Bay detainees do not have the right to be heard in U.S. courts. C. they did not provide even minimal protections of detainees' rights. D. unchecked detainees actually pose an immediate threat to the national security of the United States. E. an unchecked system of detention does not have the ability or potential to become a means of oppression.

C. they did not provide even minimal protections of detainees' rights.

The First Amendment of the U.S. Constitution reflects the principles of the _____ in that it protects religious freedom as well as political expression. Multiple Choice A. Sedition Act B. Regency Act C. Act of Enclosure D. Act of Toleration E. Accommodation Act

D. Act of Toleration

Identify the U.S. Supreme Court ruling that upheld government policies that would not be permitted in peacetime, such as the forced relocation of Japanese Americans living on the West Coast to detention camps in Arizona, Utah, and other inland locations. Multiple Choice A. Gitlow v. New York B. Miranda v. Arizona C. Schenck v. United States D. Korematsu v. United States E. United States v. Jones

D. Korematsu v. United States

What is the greatest restriction on appeals in the United States? Multiple Choice A. the very low income of some convicted persons, which reduces their ability to appeal B. the lack of any formal right of appeal in the federal process C. the refusal by state appeals court judges to grant even a first appeal D. a federal law that bars in most instances a second federal appeal by a state prison inmate E. a federal law that bars a first federal appeal to persons convicted of homicides

D. a federal law that bars in most instances a second federal appeal by a state prison inmate

c. Police officers pull over a suspect without cause to believe he's violating the law; they find drugs in his car, but a court rules the evidence was illegally obtained. This scenario is an example of multiple choice A. the right to due process and just compensation (Amendment V). B. freedom of religion, speech, assembly, petition (Amendment I). C. right to bear arms (Amendment II). D. freedom from warrantless search and seizure (Amendment IV)

D. freedom from warrantless search and seizure (Amendment IV)

Like all other rights, the right of free expression is Multiple Choice A. protected from action by federal officials but not state officials. B. spelled out in precise terms in the Bill of Rights. C. None of these answers is correct. D. not absolute. E. fully respected by public officials.

D. not absolute.

The Miranda warning Multiple Choice A. granted a speedy trial to suspects who cannot be given double jeopardy. B. sought to grant police the right to legal interrogation of a suspect even before he or she has been warned. C. allowed state defendants the right to confront witnesses who testify against them. D. served to protect poor and uneducated suspects who are unaware of their rights at the time of arrest. E. helped to give suspects the right to a jury trial in criminal proceedings.

D. served to protect poor and uneducated suspects who are unaware of their rights at the time of arrest.

In the Constitution, procedural due process is protected by the Multiple Choice A. Fourth Amendment. B. Fifth Amendment. C. Sixth Amendment. D. Fourteenth Amendment. E. All of these answers are correct.

E. All of these answers are correct.

The Fourteenth Amendment protects _______ from state action meant to deprive an individual of that right. Multiple Choice A. freedom of speech B. the right to remain silent C. due process rights D. the right to legal counsel E. All of these answers are correct.

E. All of these answers are correct.

Which of the following amendments to the Constitution describes the right of people to bear arms? Multiple Choice A. Eighth B. Third C. Fifth D. Seventh E. Second

E. Second

The principle that seeks the admissibility of evidence found in plain sight, even when the evidence relates to an infraction other than the one for which the individual was stopped, is known as the _____ exception. Multiple Choice A. border search B. good faith C. inevitable discovery D. plain prior restraint E. plain view

E. plain view

Which amendment is most responsible for protecting citizens' rights from intrusion by state governments? A. the First B. the Fifth C. the Ninth D. the Tenth E. the Fourteenth

E. the Fourteenth

Abortion has been a controversial issue in U.S. religious and civil society, and has been adjudicated with the question of privacy in mind. What are the elements of the landmark decision Roe v. Wade and its aftermath? a. Original vote of 7-2 rejected Texas law criminalizing abortions. Element OR Not an Element

Element

c. Roe v. Wade was nearly overturned in 1992. Element or Not an Element

Element

d. Right of privacy means that women have "choice," according to the decision. Element or Not an Element

Element

c. Lemon v. Kurtzman (1971): Public funding cannot go to parochial school salaries. Establishment Clause OR Free Exercise Clause

Establishment Clause

d. Lee v. Weisman (1992): Public schools may not have prayers at official graduation ceremonies. Establishment Clause OR Free Exercise Clause

Establishment Clause

f. Glassroth v. Moore (2002): A local courthouse cannot post a statue of the Ten Commandments on its lawn. Establishment Clause OR Free Exercise Clause

Establishment Clause

Indicate whether each of the federal court decisions summarized below relies more on the establishment clause or the free exercise clause of the First Amendment. a. Lovell v. City of Griffin (1938): Cities cannot pass laws requiring permits for the distribution of religious pamphlets, laws directed at Jehovah's Witnesses. Establishment Clause OR Free Exercise Clause

Free Exercise Clause

b. Sherbert v. Verner (1963): A state cannot withhold unemployment benefits from someone who refuses to work on Saturday for religious reasons. Establishment Clause OR Free Exercise Clause

Free Exercise Clause

e. Church of Lukumi Babalu Aye v. Hialeah (1993): A local law against controlled animal sacrifices performed by a religious group is unconstitutional. Establishment Clause OR Free Exercise Clause

Free Exercise Clause

Which of the following are provisions of the rights of the accused? a. Right to pay bail in all cases Provision or Not a Provision

Not a Provision

b. Avoidance of death penalty if from a noncapital punishment country Provision or Not a Provision

Not a Provision

e. Right to reject choice of judge Provision or Not a Provision

Not a Provision

e. Abortion was legalized in any trimester. Element or Not an Element

Not an Element

f. Abortion question was turned back to the states. Element or Not an Element

Not an Element

g. Anti-choice activists have succeeded in limiting access to abortion. Element or Not an Element

Not an Element

Indicate whether each of the following scenarios represents a currently protected or unprotected form of speech. a. Burning the American flag to protest U.S. policy Protected OR Unprotected

Protected

c. The Ku Klux Klan, a hate group, holding a public rally Protected OR Unprotected

Protected

e. Wearing a black armband in a public school as a protest Protected OR Unprotected

Protected

f. Superimposing a Hitler mustache on a picture of the president Protected OR Unprotected

Protected

c. Exclusionary rule Provision or Not a Provision

Provision

d. Freedom from double jeopardy Provision or Not a Provision

Provision

f. Being informed of rights Provision or Not a Provision

Provision

g. Due process restraints on government Provision or Not a Provision

Provision

Support for legal abortion is split to a large degree by hemisphere. True or False

True

d. Making a protest speech against a cosmetics company to a crowd of people and encouraging them to break the company's store windows Protected OR Unprotected

Unprotected

g. Organizing a loud and boisterous protest in the middle of the night in a residential neighborhood Protected OR Unprotected

Unprotected

h. Publishing a blog post falsely accusing a colleague of tax evasion Protected OR Unprotected

Unprotected