Chapter 4 quizzes

The Lemon test is most clearly related to which amendment? a. First b. Second c. Fifth d. Sixth

a. First

Protections against cruel and unusual punishments can be found in which amendment? a. First b. Fifth c. Sixth d. Eighth

d. Eighth

Basic political freedoms that protect citizens from governmental abuses of power are known as a. civil rights. b. selective incorporations. c. inalienable rights. d. civil liberties.

d. civil liberties

Under the First Amendment, the Supreme Court has ruled that school-sponsored prayer is ______ and that school vouchers for religious schools are ________________. a. not permitted; not permitted b. not permitted; permitted c. permitted; not permitted d. permitted; permitted

b. not permitted; permitted

Why was a Bill of Rights added to the Constitution? a. Antifederalists demanded it for ratification. b. Federalists were worried about government abusing power. c. The Articles of Confederation had them and they were generally popular. d. State constitutions at the time did not protect civil liberties.

a. Antifederalists demanded it for ratification.

The right to privacy was established in which case? a. Griswold v. Connecticut b. Roe v. Wade c. Gideon v. Wainwright d. Simmons v. United States

a. Griswold v. Connecticut

Why is there so much debate over the meaning of the Second Amendment? a. The wording of the right to bear arms is ambiguous and open to interpretation. b. American public opinion is strongly in favor of gun control but the courts will not allow it. c. The right to privacy is not explicitly stated anywhere in the Constitution. d. The courts keep changing the line on what constitutes freedom of political speech.

a. The wording of the right to bear arms is ambiguous and open to interpretation.

Any evidence that is gathered illegally or unconstitutionally cannot be used in a subsequent trial. This is known as the a. exclusionary rule. b. right to privacy. c. direct incitement test. d. establishment clause.

a. exclusionary rule.

Questions such as whether animal sacrifice for religious purposes is allowable or whether religious dress may be regulated are examples of the Supreme Court wrestling with the meaning of which part of the Constitution? a. free exercise clause b. establishment clause c. Fourth Amendment d. Third Amendment

a. free exercise clause

Private corporations a. have fewer obligations than the government to respect a person's freedom of speech. b. have the same obligations as the government to respect a person's freedom of speech. c. have more obligations than the government to respect a person's freedom of speech.

a. have fewer obligations than the government to respect a person's freedom of speech.

Written false statements that damage a person's reputation are known in legal terms as a. libel. b. fighting words. c. slander. d. hate speech.

a. libel

In interpreting the free exercise clause, the Court balances between which two goals? a. religious freedom and public safety b public safety and freedom of assembly c. religious freedom and freedom of assembly d. free speech and religious freedom

a. religious freedom and public safety

What does the Fourth Amendment provides protection from? a. unreasonable searches and seizures b. self-incrimination c. cruel and unusual punishment d. quartering of soldiers

a. unreasonable searches and seizures

The two broad freedoms of expression and religion are guaranteed in the a. Preamble to the Constitution. b. First Amendment. c. Fifth Amendment. d. Declaration of Independence

b. First Amendment

The Supreme Court uses the __________ test to determine whether a practice violates the First Amendment's establishment clause. a. Miller b. Lemon c. Baker d. Candle

b. Lemon

In order for the time, manner, or place of one's freedom of assembly to be restricted, the restriction must be a. passed by a legislature. b. content neutral. c. targeted at one specific group. d. voidable to nonprofit organizations.

b. content neutral.

The idea that the United States should not have an official religion is most clearly found in the a. Second Amendment. b. establishment clause. c. takings clause. d. free exercise clause.

b. establishment clause

If someone printed a leaflet urging Americans to resist the military draft, this would violate which free speech test(s)? a. just the direct incitement test b. just the clear and present danger test c. both the direct incitement and the clear and present danger tests c. neither the direct incitement nor the clear and present danger tests

b. just the clear and present danger test

Under the exclusionary rule, a. each party to a lawsuit is allowed to veto the inclusion of a certain number of jury members. b. illegally or unconstitutionally acquired evidence cannot be used in a trial. c. the government cannot pass laws that unfairly exclude certain groups from participation. d. suspects must be read their constitutional rights before anything they say can be used against them at trial.

b. llegally or unconstitutionally acquired evidence cannot be used in a trial.

The Bill of Rights initially applied to the __________ government(s), while today the Bill of Rights applies to the __________ government(s). a. state; national and state b. national; national and state c. national and state; state d. national and state; national

b. national; national and state

In an attempt to pay back their student loans a bit faster, Mary and Bob commit identity theft and impersonate others to use their credit cards. The government prosecutes them but loses due to lack of evidence. After more evidence surfaces, it attempts to prosecute Mary and Bob again. In doing so, it may be violating which amendment? a. First b. Second c. Fifth d. Eighth

c. Fifth

________ refers to written false statements while ______ refers to verbal false statements. a. Slander; libel b. Hate speech; fighting words c. Libel; slander d. Fighting words; hate speech

c. Libel; slander

In 1973, the Supreme Court established the __________ test to determine whether materials are obscene and can therefore be regulated by governments. a. Lemon b. Griswold c. Miller d. Schenk

c. Miller

What are your Miranda rights? a. Life, liberty, and the pursuit of happiness b. Freedom of speech, religion, the press, association, and petition c. Right to remain silent, to talk to a lawyer, and to have one provided for you d. Privacy in your own home

c. Right to remain silent, to talk to a lawyer, and to have one provided for you

Some forms of speech, such as fighting words and slander, do not warrant the same level of protection as political speech. Why not? a. They are offensive to political and social minorities. b. They may cause violence or other social unrest. c. They do not express ideas that have important social value. d. They undermine public faith in the government.

c. They do not express ideas that have important social value.

Which amendments comprise the Civil War Amendments? a. First, Second, and Third b. Sixth, Seventh, and Eighth c. Thirteenth, Fourteenth, and Fifteenth d. Nineteenth, Twentieth, and Twenty-First

c. Thirteenth, Fourteenth, and Fifteenth

The "establishment clause" in the First Amendment prohibits the federal government from a. limiting religious expression. b. limiting what the people are allowed to criticize the government for. c. creating an official religion for the country. d. creating an official news organization for the country.

c. creating an official religion for the country.

Which of the following is most likely to be a violation of the free exercise clause? a. forcing the Amish to put license plates on their buggies b. outlawing the practice of having more than one wife (known as polygamy) c. forcing government employees to work on their days of worship d. requiring religious organizations to follow child labor laws

c. forcing government employees to work on their days of worship

Civil liberties listed in the Bill of Rights include all EXCEPT which of the following? a. freedom of speech, religion, and assembly b. rights of criminal defendants c. freedom from discrimination d. the right to bear arms

c. freedom from discrimination

Prior restraint is when the government a. prohibits protestors from gathering in certain times and places. b. outlaws certain proposed religious practices. c. prevents the media from publishing something. d. uses illegally gathered evidence in a trial.

c. prevents the media from publishing something.

Roe v. Wade was based on which constitutional civil liberty? a. freedom of speech b. freedom of expression c. right to privacy d. right to trial by jury

c. right to privacy

Over the last century the Supreme Court has gradually applied the Bill of Rights to the states on an amendment-by-amendment basis. This process is known as a. double jeopardy. b. due process. c. selective incorporation. d. civil liberty protection.

c. selective incorporation

Which of the following statements BEST defines selective incorporation? a. the Supreme Court's use of the precedent of Barron v. Baltimore to require that states uphold liberties in the Bill of Rights b. the inclusion of a Bill of Rights into the Constitution as a series of 10 amendments c. the Supreme Court's use of the Fourteenth Amendment to apply civil liberties to the states on a case-by-case basis d. a passage placed in the Fourteenth Amendment to appease the Antifederalists

c. the Supreme Court's use of the Fourteenth Amendment to apply civil liberties to the states on a case-by-case basis

What document is the legal foundation for the civil liberties of American citizens? a. Article I of the Constitution b. the Declaration of Independence c. the first 10 amendments of the Constitution d. the Magna Carta

c. the first 10 amendments of the Constitution

The clear and present danger test is directly related to which freedom in the First Amendment? a. freedom of petition b. freedom of expression c. freedom of religion d. freedom of speech

d. freedom of speech

Which form of speech is the Supreme Court MOST likely to protect? a. fighting words b. slander c. libel d. hate speech

d. hate speech

Which of the following options is a form of expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation, and is currently protected under the Constitution? a. fighting words b. symbolic speech c. performative speech d. hate speech

d. hate speech

Imagine that you are the editor at a major daily newspaper. The government finds out that you are about to run a story detailing sensitive government information, so it sues you to prevent you from publishing it. Which of the following is the government attempting to engage in? a. slander b. libel c. perjury d. prior restraint

d. prior restraint

Miranda rights advise an individual of the Fifth Amendment's protection from a. eminent domain. b. double jeopardy. c. grand juries. d. self-incrimination.

d. self-incrimination.