Ch 4 Smart book Questions

In what year, in the case of District of Columbia v. Heller, did the Supreme Court finally address the issue of how the Second Amendment should be interpreted?

2008

What has the Supreme Court ruled concerning police use of modern technology, such as listening or thermal-imaging devices, to investigate a subject?

A search warrant is required, just as it would be for other circumstances

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

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

True or false: In a 1992 cases involving a St. Paul, Minnesota city ordinance, the Supreme Court ruled that the government can restrict hate speech as it causes "anger or alarm."

False

True or false: The right to appeal after conviction is guaranteed in the Constitution.

False (It is not in the Constitution)

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

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

The Supreme Court upheld the forced relocation of tens of thousands of Japanese Americans during World War II in which of the following cases?

Korematsu v. United States

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

Since the 1950s, what has been the government's approach to free speech?

Not a single individual has been convicted solely for criticizing the government's war policies. The Supreme Court has ruled that spoken words do not pose a true threat to national security, so Americans can speak their minds politically. The Supreme Court has ruled that national security must truly be at risk before the government can limit speech.

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

What was challenged by Lawrence v. Texas (2003)?

Texas's sodomy laws

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.

Where is the Bill of Rights located in the U.S. Constitution?

The first ten amendments to the Constitution make up the Bill of Rights.

In order for police roadblocks to check drivers to be legal, they must conform to which of the following?

They must be systematic and not arbitrary. They can be used to check for signs of alcohol intoxication.

True or false: Although it is a core principle for most Americans, the right to privacy is not explicitly mentioned in the Constitution.

True

True or false: The Supreme Court ruled that school administrators have discretion in searching student lockers for drugs and weapons, as they are responsible for student safety.

True

Which of the following acts of legislation gave government increased authority to examine medical, financial, and student records and increased surveillance of communications without a warrant or court order?

USA Patriot Act

The law passed by Congress, soon after the 9/11 attacks, that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the

USA Patriot Act.

The exclusionary rule is based on the Supreme Court decision in

Weeks v. United States (1914).

In which 2002 case did the Supreme Court rule that tax-supported school vouchers used to send children to private and religious schools were not a violation of the establishment clause?

Zelman v. Simmons-Harris

Which of the following best describes the subject under consideration in Roe v. Wade?

abortion

In its rulings in Riley v. California (2014) and United States v. Wurie (2014), the Supreme Court compared the search of a suspect's cell phone or similar electronic device to

an exhaustive search of a suspect's home.

In Lawrence v. Texas (2003), the Supreme Court ruled that states cannot lawfully

ban sexual relations between consenting same-sex adults.

The cases of Riley v. California (2014) and United States v. Wurie (2014) both dealt with the use of what technology?

cell phones

In following the Eighth Amendment, the Supreme Court has used which of the following tests to determine if an action constitutes cruel and unusual punishment?

determining if a punishment violates "fundamental standards of good conscience and fairness" determining whether a punishment is "disproportionate to the offence" determining if a punishment is "unnecessarily cruel"

The ______ clause of the First Amendment bans the state from helping religious institutions, whereas the ______ clause bans the state from restricting the free practice of religion by individuals.

establishment; free-exercise

The Bill of Rights initially applied to which level or levels of government?

federal only

The establishment clause of the Constitution restricts which of the following?

government from favoring one religion over another government from supporting religion over no religion

The case of Carpenter v. United States (2018) dealt with the issue of the warrantless search of a cell phone in order to

identify the locations at which cell phone calls were placed.

Some critics argue that which of the following have weakened the exclusionary rule almost to the point that it applies only to extreme forms of police misconduct?

inevitable discovery exception good faith exception plain view exception

In the case of New York Times Co. v. United States

it was ruled that prior restraint is unconstitutional without a compelling argument for the restriction.

In its rulings in Riley v. California (2014) and United States v. Wurie (2014), the Supreme Court acknowledged that

it would impact law enforcement's ability to combat crime.

The Bill of Rights protects some civil liberties, including freedom

of the press. of assembly. of speech.

Those who ______ increased gun control believe that the Second Amendment gives individual citizens the right to bear arms free from excessive control.

oppose

Which of the following states that evidence is admissible when it is immediately visible in the course of stopping a person for another infraction?

plain view exception

Which term describes the set of procedures authorities must follow before a person can be lawfully punished for an offense?

procedural due process

In Gitlow v. New York, the Supreme Court ruled that the Bill of Rights

protects individuals from actions by state governments as well as the federal government.

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

selective incorporation

In Mapp v. Ohio, the Supreme Court extended the constitutional protection against unreasonable search and seizure to action by

state government

In a case involving protester Gregory Johnson, the Supreme Court ruled that burning the American flag was protected specifically as ______ speech.

symbolic

The Supreme Court has ruled that the right of free assembly

takes precedence over the possibility that the exercise of the right might have undesirable consequences.

Which of the following amendments contribute to ensuring criminal due process?

the Eighth Amendment the Sixth Amendment the Fourth Amendment the Fifth Amendment

What are the religious clauses in the First Amendment?

the establishment clause the free-exercise clause

Which of the following allows the admission into trial of otherwise excludable evidence if the evidence was obtained by police who thought they were following proper procedure?

the good faith exception

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

Griswold v. Connecticut is the landmark case that established the right to privacy. The case involved the question of whether a state can prohibit

the use of contraceptives by a married couple.

Which of the following is a right of the accused that is protected by the Fifth Amendment?

to have a grand jury weigh the prosecution's evidence

According to the ______ doctrine, government can aid a religious organization so long as the aid is non-religious in nature and the government doesn't favor one religion over another.

accomodationist

Freedom of expression

does not cover obscene forms of sexual expression. allows individual Americans to communicate thoughts of their choosing. does not cover some forms of commercial speech, such as advertising.

The attempt to block the publication of material considered to be harmful is known as ______ restraint.

prior

In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following?

the U.S. Uniform Code of Military Justice the Geneva Convention

The Second Amendment of the U.S. Constitution protects

the right of the people to keep and bear arms.

In Planned Parenthood v. Casey, the Supreme Court ruled that restrictions on abortion were legal so long as they didn't place an ______ ____ on a woman's right to obtain an abortion.

undue burden

The inevitable discovery exception

was developed in the case of Nix v. Williams (1984). allows admission of tainted evidence in certain cases. states that exclusion of physical evidence that would have been found anyway has no effect on the fairness of a trial.

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.

Under the Fifth Amendment, suspects

charged with a federal crime cannot be tried unless indicted by a grand jury.

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

The idea that the state must use procedures under the law before depriving someone of life, liberty, or property is part of the

due process clause of the Fourteenth Amendment.

In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the

establishment clause.

The imminent lawless action test

has two criteria for speech advocating the unlawful use of force. says that speech must be likely to produce lawless action. says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action.

The Supreme Court has ruled that prisoners should generally appeal their cases first

in state courts

The Supreme Court has recently employed the Eighth Amendment to ban which of the following?

life sentences without parole for juveniles the death penalty for the mentally ill the death penalty for juveniles

The Sedition Act of 1798

made it a crime to publish stories that were harshly critical of the president.

The right of an individual to be left alone without any interference from others is known as the right to

privacy

The Fifth and Fourteenth Amendments

provide that no person can be deprived of life, liberty, or property without due process of law.

Establishment clause Free Exercise Clause

requires government neutrality toward religious institutions prohibits the government from interfering with individuals' practice of their religion

In a 2010 CNN survey, 2 in 5 Americans stated that individuals arrested by police on suspicion of terrorism

should not be read their Miranda rights.

In Brandenburg v. Ohio the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?

the imminent lawless action test

Which of the following constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona?

the right to remain silent the right to an attorney

In Lemon v. Kurtzman, the Supreme Court ruled that the state funding of salaries for teachers at parochial schools, even if they taught secular subjects, violated the establishment clause because

the teachers could use classroom time to teach religious subjects.

Which of the following statements about slander and libel is true?

Neither libel nor slander is protected by the First Amendment.

Which amendment to the United States Constitution protects individuals from testifying against themselves in a court of law?

fifth