Chapter 4 Questions
The free-exercise clause has been interpreted to mean that ______.
- Americans can hold any religious belief of their choosing. - Americans cannot always act on their religious beliefs if they conflict with other laws.
Match the clause with its description.
- Establishment clause: requires government neutrality toward religious institutions. - Free-exercise clause: prohibits the government from interfering with individuals' practice of their religion.
Match the constitutional amendment to the right(s) it protects.
- First Amendment: right to speech, press, assembly, & religion. - Second Amendment: right to bear arms. - Fourth Amendment: protection against unreasonable search & seizure. - Fifth Amendment: protection against self-incrimination & double jeopardy. - Sixth Amendment: right to a jury trial, attorney, & to confront witnesses. - Eighth Amendment: protection against cruel & unusual punishment.
Match the Supreme Court case with the freedom incorporated into the states.
- Fiske v Kansas: freedom of speech. - Near v Minnesota: freedom of press. - Hamilton v Regents, U of C: freedom of religion. - DeJonge v Oregon: freedom of assembly.
The Bill of Rights protects a number of civil liberties, including freedom ______.
- Of speech - Of the press - Of assembly
Which of the following statements are true of libel and slander?
- Public officials can usually be criticized freely without fear the writer or speaker will have to pay for damages due to libel or slander. - Laws on libel and slander are based on the assumption that society has an interest in encouraging media and citizens to express themselves freely.
Which of the following statements are true concerning the Supreme Court's decisions involving symbolic speech?
- The Supreme Court has ruled that burning an American flag is a protected form of symbolic speech. - The Supreme Court has protected symbolic speech nearly as vigorously as actual speech.
Freedom of expression, provided by the First Amendment, allows Americans to:
- Write or publish almost anything, with some limits. - Communicate thoughts of their choosing.
What are the religious clauses in the First Amendment?
- the free-exercise clause - the establishment clause
The Second Amendment protects and supports which of the following?
- the right to keep & bear arms. - a well-regulated militia.
In which 2014 case did the Supreme Court rule that companies that are "closely held" (only a few owners) are not required to provide their employees with birth control if they object on religious grounds?
Burwell v. Hobby Lobby
What is the question at the heart of the debate over the Second Amendment?
Does the amendment give individuals the right to possess weapons?
The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as _______.
Due process protections
The Bill of Rights initially applied to which level or levels of government?
Federal only
What constitutional amendment is of special significance for the Supreme Court when considering how to best protect individual rights from action by state and local governments?
Fourteenth
Which of the following statements is true regarding freedom of the press?
Freedom of the press receives strong judicial protection.
Under which of the following Supreme Court cases did part of the Bill of Rights first become incorporated to apply to actions by the states?
Gitlow v. New York
In 1993, a Wisconsin law that allowed lengthier sentences for hate crimes was challenged as a violation of the First Amendment. How did the Court rule?
It upheld the law because it was not aimed at free speech but at actions that were not protected by the First Amendment.
In which of these cases did the Supreme Court rule that the Second Amendment, with some restrictions, prohibited state and local governments from effectively banning gun ownership?
McDonald v. Chicago
Which of the following Supreme Court cases was also known as the "Pentagon Papers" case?
New York Times Co. v. United States
The constitutional right to bear arms is found in which of the following amendments?
Second Amendment
In which 2011 case did the Supreme Court rule that the First Amendment's protection of speech extended even to hate speech during the funerals of soldiers killed in action?
Snyder v. Phelps
In a 2020 case, what did the Supreme Court rule concerning a Montana law denying scholarship funds for children attending religious schools but granting them for children attending private secular schools?
The Court overturned the law, ruling that states cannot disqualify private schools solely because they are religious.
The Supreme Court decision in Schenck v. United States established which principle?
The federal government can restrict free expression but it does not have unlimited authority to do so.
In Mapp v. Ohio (1961) and other cases, the Supreme Court applied the doctrine of selective incorporation by ______.
Using the Fourteenth Amendment to apply certain provisions of the Bill of Rights to the states.
According to this test, before speech can be restricted, the government must clearly demonstrate that a citizen's expression presents a very obvious and real danger to the public safety.
clear-and-present-danger test
Concerning symbolic speech, the Supreme Court has generally held that government regulation of the ______ of a message is unconstitutional. (This was illustrated by a Texas flag-burning case; the state of Texas actually burns old flags to dispose of them.)
content
In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the ______.
establishment clause
True or false: According to the Supreme Court, a statement that someone makes that ruins a public official's career may be considered libel or slander even if the statement is factually accurate.
false
The First Amendment protection that makes it illegal for the government to enact laws that restrict the free practice of religion by any individual is known as the ______.
free-exercise clause
The barrier to restrict speech established in Brandenburg v. Ohio (1969) is best described as ______.
imposing
The current standard used to determine whether the establishment clause has been violated is known as the _____ test.
lemon
A false written statement about other people that harms their reputation is known as _______, whereas a false verbal statement about other people is known as ______.
libel slander
Constitutional guarantees that protect citizens' individual rights are known as civil _______.
liberties
Those who ______ increased gun control believe that the Second Amendment gives individual citizens the right to bear arms free from excessive control.
oppose
In the case of New York Times Co. v. United States (1971), the Supreme Court ruled that
prior restraint is unconstitutional without a compelling argument for the restriction
According to the establishment clause, the government is required to ______.
remain neutral toward all religions
The process by which the Supreme Court makes certain parts of the Bill of Rights applicable through the Fourteenth Amendment to actions by state governments is known as _______ incorporation.
selective
The Supreme Court has ruled that the right of free assembly ______.
takes precedence over the mere possibility that the exercise of the right might have undesirable consequences.
What was the name of the 1798 law that criminalized any speech or writings critical of the government, Congress, or the president?
the Sedition Act
In Brandenburg v. Ohio (1969) the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?
the imminent lawless action test
The 1977 Supreme Court case that provided guidance on the allowable restrictions on freedom of speech and freedom of assembly upheld which of the following?
the right of an American Nazi Party group to hold a parade in Skokie, a city with a large Jewish population that included Holocaust survivors.