Final Exam ch.4

Which of the following is the Supreme Court most concerned with when it comes to commercial speech?

deceptive advertising

The Supreme Court has ruled that an individual's right to die is

derived from their constitutional right to privacy.

Which of the following must exist in order for speech to qualify as libel or slander?

-a defamatory statement that is false -a defamatory statement that causes injury

Which of the following groups have adopted laws and policies banning hate speech?

-college campuses -local communities

Which of the following are examples of material the government allows the media to publish?

-coverage of pretrial hearings -the names of rape victims -the identity of juvenile offenders

Which of the following "special rights" claimed by the media have been disallowed by the Supreme Court?

-gaining access to inmates in jail when others have been denied the right -being allowed to enter a home when the police are executing a warrant -failing to disclose the names of sources

What types of speech are not granted First Amendment protection?

-hate speech -obscene speech -defamatory speech

The Supreme Court has afforded commercial speech less protection than other forms of speech for what reason?

-less protection. -Government has a legitimate interest in protecting consumers from deception.

The Eighth Amendment protects

Against cruel and unusual punishment.

The first ten amendments to the Constitution are known as the

Bill of Rights

What standard does the Supreme Court use to evaluate whether symbolic speech can be constitutionally suppressed by the government?

Does doing so serve an important purpose other than the suppression of unpopular speech?

True or false: Although both freedom of speech and freedom of the press deal with expression, very different principles underlie them.

False Similar principles underlie the two freedoms.

The purpose of the Miranda rights statement is to remind suspects of their

Fifth Amendment right against self-incrimination.

Which amendment grants citizens the rights to gather and engage in politics?

First Amendment

In the case of Engel v. Vitale, the Court declared that compelling students to recite a twenty-two-word prayer violated which amendment?

First amendment

Which of the following best describes the Court's attitude on the special rights of media?

In most instances, the U.S. Supreme Court has looked unfavorably on claims for special rights.

In Roberts v. United States Jaycees, the Supreme Court ruled that the freedom of association

Is not an absolute right.

Which of the following describes the standard that the Supreme Court uses with regard to religious displays on government property?

It is unconstitutional if its effect is to endorse religion.

In which case did the Supreme Court strike down the limits on the amount of money that an individual could contribute to a candidate or political party in a two-year cycle?

McCutcheon v. Federal Election Commission

In Griswold v. Connecticut the Supreme Court ruled that the right to privacy is implied through the ______ Amendment.

Ninth

The Supreme Court has ruled that a jury( ) may not exclude individuals based solely on their race or gender.

Pool

The Supreme Court ruled in the ______ case that the right to privacy extends to a woman's right to have an abortion.

Roe v. Wade

In which case did the Supreme Court rule that the establishment clause does not require schools to deny religious groups access to public buildings?

Rosenberger v. University of Virginia

The right to legal counsel is a ______ Amendment protection.

Sixth

Which of the following is true about Supreme Court jurisprudence on the issue of hate speech?

The Supreme Court has been reluctant to ban hate speech.

Based on the test established in Miller v. California, who is considered vital in determining what is obscene?

The average person

Which of the following is true about the government's ability to regulate the conditions of a political gathering?

The government can impose "time, place, and manner restrictions" on the conditions of a political gathering.

What was the Supreme Court's position with regard to the Nixon administration's attempt to restrain the publication of the "Pentagon Papers"?

The government may not prevent the press from exercising its right to criticize public officials.

In the 1976 case of Gregg v. Georgia, the Supreme Court upheld Georgia's death penalty statute based upon what grounds?

The state had implemented adequate safeguards for the defendant.

True or false: The Supreme Court has found that certain utterances are so different from most speech that they fall outside the boundaries of First Amendment protections.

True

True or false: Disagreement over the actual language of the Second Amendment is centered around whether it grants all citizens the right to bear arms or just people who are members of a government militia.

True, "a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

In Richmond Newspapers v. Virginia, the Supreme Court found a judge's attempt to close a trial to the media

Violated the media's right to attend trials implicit in the freedom of the press guarantee.

In determining whether the government may provide financial aid to religious schools, the Supreme Court has adopted a(n) ______ approach.

accommodationist

Traditionally, broadcast media has been more heavily regulated than print media because of government's need to

allocate bandwidth due to scarcity.

In general, the Court ______ allows the government to engage in prior restraint.

almost never

The protections for the press in the Constitution reflect the Founders' belief that a successful democracy required

an informed public.

The right to associate by joining with like-minded individuals in the pursuit of common goals is primarily protected by constitutional protection of freedom of

assembly.

In Schenck v. United States, the Supreme Court established the( ) and ( )( )test to determine when restrictions on speech are permissible.

clear present danger

In a 2002 case, the Supreme Court ruled that an Ohio program that gave vouchers to parents and allowed them to select schools of their choice was

constitutional, as the program was based on private choice not government endorsement of a religious school.

The ______ clause of the First Amendment prohibits the government from establishing a national religion, whereas the ______ clause bans the government from restricting the practice of one's religion.

establishment; free exercise

Opponents of the teaching of ______ argue that government is attempting to force the public school curriculum of secular subjects to reflect particular religious beliefs.

evolution

With what aspects of its decisions on obscene speech does the Supreme Court have the most difficulty?

how to define the meaning of obscene

The freedom of association is considered a(n) ______ right, meaning it is not specifically outlined in the Constitution but is inferred from the language of the document.

implied

In the case of Powell v. Alabama the Court found that

in certain unusual circumstances the accused were entitled to counsel at the government's expense.

John Stuart Mill described a free society as one that trades in a ______ where citizens can share new ideas and confirm previous beliefs.

marketplace of ideas

Libel and slander receive ______ protection under the First Amendment.

no

The government's attempt to block the publication of material before anyone can see it is called ______ restraint.

prior

The Fourth, Fifth, Sixth, and Eighth Amendments

provide citizens with guaranteed procedures throughout the criminal justice system.

When a group deliberately brings a case to court in order to secure a judicial ruling on a constitutional issue it is called a

test case.

Which test did the Supreme Court use to determine whether a public display of of a nativity scene on government property was permissible under the establishment clause?

the Lemon test

Like the freedom of speech, the freedom of the press is essential to democracy because of its role in ______ information.

transmitting

True or false: The intellectual health of a society is dependent upon its citizens' freedom of expression.

true

True or false: The unhappiness of early Americans with the British criminal justice system is demonstrated by the fact that four of the first eight amendments in the Bill of Rights deal almost exclusively with rights of the accused.

true

Which of the following is an absolute defense in a slander or libel suit?

truth

According to the Constitution, a reasonable search is one where the police have obtained a(n) Blank...

warrant

How has the Supreme Court responded to the debate concerning evolution, creationism, and schools?

-invalidating state laws that require creationism to be taught alongside evolution -invalidating attempts by states to require the teaching of intelligent design alongside creationism -invalidating state laws that prohibit the teaching of evolution

False written statements about others that harm their reputation are known as (Blank) whereas false verbal statements about others are known as (Blank)

-libel -slander

The requirement that police administer Miranda rights to suspects is meant to

-prevent the police from using psychological pressure to gain confessions. -ensure that citizens are aware of their right to remain silent.

Which of the following are acceptable justifications for placing "time, place, and manner restrictions" on the right of people to assemble?

-protecting the flow of commerce -keeping the peace

Historically, the Supreme Court is willing to limit the freedom of speech for which reasons?

-public order -national security

Which of the following reasons were used by the Supreme Court to support the establishment of a guarantee to counsel?

-the growing complexity of the legal system -the increased complexity of criminal laws

Which of the following standards are included in the three-part obscenity test defined by the Supreme Court in Miller v. California?

-the material patently offensive? -Does the average person applying contemporary standards find that the work appeals to the prurient interest? -Does the work as a whole lack serious literary, artistic, political, or scientific value?

Miranda rights are based on which of the following protections?

-the right not to self-incriminate -the right to an attorney

Which of the following have the Supreme Court declared forms of symbolic speech protected by the First Amendment?

-wearing armbands -burning flags

According to the Supreme Court, which of the following statements about juries is accurate?

Jury pools must not exclude blacks or women.

Which element of political campaigns is central to the current controversy regarding campaign speech?

campaign contributions

The Supreme Court decision in Schenck v. United States determined that the ______ of speech determines its permissibility under the First Amendment.

context

Nonverbal speech that is expressed through actions such as picketing or wearing an armband to signify a protest is known as ( )speech.

symbolic

What must a judge determine before issuing a warrant?

whether probable cause exists