Chapter 4 Quiz

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Which of the following is NOT protected by the First Amendment

freedom of bearing arms

The individual right that is the most basic of democratic rights is

freedom of expression

Gideon v. Wainwright required the states to

furnish attorneys for poor defendants in felony cases.

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

governments had observed procedural guarantees

The USA Patrol

grants the government new powers of surveillance increased the capacity of the federal government to combat terrorism domestically allowed the creation of phone records gatherings program by the NSA was enacted in response to the terrorist attacks of September 11 2001 All of these answers are correct

The Supreme Court

has generally protected symbolic speech almost as substantially as it has protected verbal speech

In its Bradenbury v. Ohio ruling, the Supreme Court established ______ test

imminent lawless action

In 1987 the supreme court ruled that creationism

is a religious doctrine, not a scientific theory

Like all other rights, the right of free expression is

not absolute

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

of free speech

The Supreme Courts position on prior restraint of the press is that

prior restraint should occur only under very compelling circumstances, and it is better to hold the press responsible for what it has printed than to restraint what it may print

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

public officials can regulate the time, place and conditions of public assembly, provided the regualtions are reasonable

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

restrict speech that threatens national security

The inclusion of certain provisions of the Bill of Rights through the Fourteenth amendment so that these rights are protected from. infringements by the state government is called

selective incorporation

The Miranda warning was strengthened by the Supreme Court in 2004 in

Missouri v. Siebert

The Fourteenth Amendment protects Americans from

unreasonable searches

In its 2011 Snyder v. Phelps ruling, the Supreme court held that Westboro Baptist Church protests at military funerals

were a constitutionally protected form of free speech

Government can lawfully prevent a political rally from taking place

when it can demostrate that harmful acts will necessarily result from the rally

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

written word

The right to an attorney is guaranteed by the ______ amendment

Sixth

Spoken words that are known to be false and harmful to a persons reputation are an example of

slander

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

the implication of the right to privacy by the freedoms in the Bill of Rights

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

the judiciary

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

state supported prayers are not allowed in public schools

In deciding two 2014 cases involving the legality of searching a suspect's cell phone, the supreme court ruled that

the cell phone cannot be searched in most circumstances without a warrant

In Bowers v. Hardwick (1986), the Supreme Court justices determined that

the right to privacy does not include homosexual acts

School prayer in the public school was ruled unconstitutional in

Engel v. Vitale (1962)

Which constitutional amendment protects the individual against self discrimination

Fifth

Which of the following amendments contains a due process clause?

Fourteenth

Gideon v. Wainwright is to the sixth amendment as mapp v. ohio is to the

Fourth Amendment

In the Constitution, procedural due process is protected in various ways by the

Fourth Amendment Fifth Amendment Sixth Amendment Eighth Amendment All of these answers are correct

Which state has the highest incarceration rate

Louisiana

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

Miranda warning

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

None of these answers are correct

The right to privacy was instrumental in which decison

Roe v. Wade

Which of the following countries canes closest to the United States in terms of the percentage of its citizens who are behind bars

Russia

Which of the following is true of the appeal process

the constitution does not guarantee an appeal after conviction but the federal government and all states permit at least one appeal

Which of the following is true about the section Act of 1798

The Act prohibited malicious newspaper stories about the president

According to the Supreme Court, prayer in public school violates

the establishment clause

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

The Supreme Court began to protect the rights of a accused from action by the states

According to freedom house, which of the following countries has the highest degree of freedom

United States

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

the first amendment

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

the government can clearly justify the restriction

What is the greatest restriction on appeals in the United States

a federal law that bars in most instances a second appeal by a prisoner

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

actions of state and local governments

When can police legally begin their interrogation of a suspect

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

In planned parenthood v. Casey (1992), the Justices

allowed a restriction on abortion services as long as it did not cause "undue burden" on the women

What Illinois policy did the Supreme Court invalidate with its decision in Witherspoon v. Illinois (1968?

allowing the prosecution an unlimited number of challenges in capital cases

The inevitable discovery exception

allows the use of normally inadmissible evidence that would have been discovered by other means or through other forms of evidence

The term civil liberties refers to specific individual rights that

are constitutionally protected from infringement by government

The Edward Snowden leaks about the NSA surveillance program

brought changes in how Americans phone data was stored for NSA retrieval

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

cannot be prohibited even though it may be offensive

What was the main conclusion of the Supreme Court 2008 decision in District of Columbia v. Heller and 2010 decision in McDonald v. Chicago

citizens are allowed to own guns for legitimate purposes such as for protecting the home

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

clear and present language

In the 2014 case of Burwell v. Hobby Lobby stores, the supreme court ruled that

companies with only few owners can refuse, on religious grounds to include contraceptives in employees health coverage

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

criminal proceedings in the states

In a 2004 case involving the issue in whether a U.S. citizen accused of terrorism acts is entitled to constitutional protections, the supreme court held that citizens

do have the right to challenge their own detentions in court

The Lemon test is designed to

ensure the secular nature of a government action.

The exclusionary rule states that

evidence obtained illegally is admissible in court

The establishment abuse prohibits government from

favoring one religion over another or supporting religion over no religion


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