Chapter 04 Civil Liberties

Which of the following statements is true of the due process clause?(no answer)

.

The Miranda warnings were created by the Supreme Court in the year ________.

1966

The Supreme Court upheld the view that the Bills of Rights did not apply to state laws in ______.

Barron v. Baltimore (1833)

Many of the civil liberties of the U.S. citizens were added to the Constitution by the ________, which was ratified in 1971.

Bill of Rights

Citizens of Wichand, and Asian country, have to be extremely careful when speaking about their government. According to country's laws, any citizen found criticizing the government either verbally or in written can be prosecuted on charges of violating a national law. If this were to happen in the United States, it would be a violation of the citizens ________.

Civil Liberties

_________ are legal and constitutional rights that protect citizens from government actions.

Civil Liberties

________ specify that the government must ensure equal protection under the law for all Americans.

Civil Rights

Which Amendment prohibits excessive bail and fines and cruel and unusual punishments?

Eighth Amendment

_________ require(s) that evidence obtained illegally not be admitted in court.

Exclusionary rule

The _______ is responsible for authorizing searches by the National Security Agency (NSA) and other intelligence agencies.

Foreign Intelligence Surveillance Court

The protection against "unreasonable searches and seizures" is found in the _______.

Fourth Amendment

In the 1963 case of ______, the Supreme Court held that if a person is accused of a felony and cannot afford an attorney, an attorney must be made available to the accused person at the government's expense.

Gideon v. Wainwright

In the landmark 1965 case of ______, the Supreme Court held that the right to privacy is implied by other rights guaranteed in the First, Third, Fourth, and Fifth, and Ninth Amendments.

Griswold V. Connecticut

Identify a true statement about the USA Patriot Act of 2001

It allows the government to access personal information on American citizens to an extent never before allowed

Which of the following statements is true of the exclusionary rule?

It forces law enforcement personnel to gather evidence properly

Which of the following is true of the writ of habeas corpus.

It is not available to citizens during times of rebellion

which of the following statements is true of commercial speech?

It is protected by the First Amendment, but not as fully as regular speech

Which of the following is a criterion for a work to be ruled obscene?

It must offensively depict prohibited sexual conduct

Which of the following statements is true of the Freedom of Information Act of 1966?

It protects the privacy rights of individuals

Which of the following is a requirement fo the due process clause in the Fourteenth Amendment?

It requires that state governments protect their citizens' rights

Which of the following statements is true of the preferred-position doctrine?

It states that certain freedoms are so essential to a democracy that they hold a preferred position

Which of the following statements is true of the bad tendency test?

It tested whether the restriction on free speech under the Sedition Act was constitutional

Which of the following statements is true of seditious speech?

It urges resistance to lawful authority such as the government

Identify a true statement about prior restraint.

Prior restraint involves the removal of objectionable materials from an item before it is published or broadcast

_______ is defined as the cause for believing that there is a substantial likelihood that a person has committed or is about to commit a crime.

Probable cause

In the ______ case, the Supreme Court held that the "right to privacy... is broad enough to encompass a woman's decision whether or not to terminate her pregnancy," subject to certain regulations.

Roe V. Wade (1973)

"... the right of the people to keep and bear Arms..." is found in the ______ to the U.S. Constitution.

Second Amendment

According to the ______ to the U.S. Constitution, each state has the right to maintain a volunteer armed force.

Second Amendment

The reserved powers of the U.S. states are derived from the _______.

Tenth Amendment

Which of the following is true of the provisions under the Sixth Amendment?

The Sixth Amendment guarantees a speedy trial, a trial by jury, a public trial, and the right to confront witnesses.

Which of the following statement is true of the freedom of expression under the First Amendment?

The Supreme Court can impose limits on speech to maintain public order.

Which of the following statements is true of the free exercise clause of the First Amendment?

The Supreme Court has ruled consistently that the right to hold any belief is absolute

Which of the following rights is guaranteed by the Sixth Amendment to the Constitution?

The right to a speedy and public trial

Which of the following is a criterion to prove slander?

The statements must stem from an intent to do harm

Under the ______, expression could be restricted if it would cause a critical condition, actual or imminent, that Congress had the power to prevent.

clear and present danger test

Ryan, an international football player, posts an old video of him playing football on BeFriend, a social media site. One of Ryan's followers on the site mocks him for his poor performance in his recent matches. Incensed by the jibe, Ryan retorts on the Internet with hateful comments based on the person's appearance. Ryan even tries to frame the person as mentally challenged by posting his morphed pictures online. The follower feels mentally harassed by this and starts having personality complexes. In this scenario, Ryan can be convicted of _____.

cyberbullying

The National Security Agency's cloud computing program was:

designed to collect personal data from the servers of multiple corporations

A(n) _______ prohibited by the Constitution, punishes individuals for committing an act that was legal when the act was committed.

ex post facto law

The constitution prohibits Congress from passing _______.

ex post facto laws

The _______, which essentially states that illegally obtained evidence is not admissible in court, was extended to state court proceedings in 1961.

exclusionary rule

Besavia, a European country, has recently passed a law that supports the propagation of the Protestant religion. The law encourages the establishment of churches and makes it compulsory for people to practice protestantism. It also criminalizes the practice of other religions. If this were to happen in the U.S., the law would be illegal due to violation of the ________ to the Constitution.

first amendment

The ______ prohibits Congress from passing laws "respecting an establishment of religion, or prohibiting the free exercise thereof"

first amendment

Simon, a respected high school teacher, has a cousin who is infamous for his criminal activities. When Bob, a police officer, gets and alert about about an absconding bank robber in the area where Simon lives, Bob raids Simon's house without a warrant. He conducts a thorough search of Simon's home for clues related to the robbery and the missing money, but he does not find anything against Simon. In this scenario, Bob has violated the _________ to the Constitution.

fourth amendment

The first eight amendments to the U.S. Constitution:

grant specific rights and liberties to people

Sean, a middle-aged unemployed man, is accused of the assault and murder of an old woman. Despite being found at the crime scene with the murder weapon, the police officer in charge warns Sean that he has the right to remain silent and that anything he says can be used against him. In this case, the police officer is reading Sean _____.

his Miranda rights

In the context of the rights of criminal defendants, the Fifth Amendment:

includes the constitutional protection against self-incrimination

A law that limits a fundamental right will be held to violate substantive due process, unless:

it promotes a compelling or overriding state interest

For a work to be ruled obscene, it must:

lack serious literary, artistic, political, or scientific value

TR News publishes a story about a state governor's son having allegedly smuggled narcotics across the national border. Upon reading the news, the governor develops health complications. Investigations reveal that the governor's son is innocent and all charges are, therefore, dropped. However, the governor feels that he can collect damages from TR News for having published the story against his son. In this scenario, the governor can sue TR News for _____.

libel

The District of Colombia and twelve other states have _______, under which some schoolchildren may attend private elementary or high schools using educational certificates paid for by taxpayers' dollars.

limited voucher program

Stopping an activity before it actually happens is known as _________.

prior restraint

AM Daily, a news channel, broadcasts a report that states that a young man, Elvis, is accused of brutally assaulting his girlfriend, Sherry. Elvis pleads guilty and the prosecutors offer him a deal which he accepts. The incident is declared a homicide a few days later as Sherry dies due to the wounds inflicted during the assault. In this scenario, Elvis cannot be tried for murder due to:

prohibition against double jeopardy

Barry and Micah are enthusiasts of mixed martial arts. They regularly tape their sessions and post them online. On one such occasion, they are arrested and charged for posting videos of their fights on social networking sites. During court proceedings, backed by an efficient legal advisor, Barry uses his right to remain silent. In this scenario, Barry cannot be made to provide testimony against himself due to:

protection against self-incrimination

In the context of the freedom of religion, the Supreme Court has ruled that:

public schools, which are agencies of government, cannot sponsor religious activities

Bob posted sexually explicit photographs of his former partner on Befriend, a social media site, to harass her. He even included her name and address in the post to ensure her mental harassment. In this scenario, Bob can be convicted of _________.

revenge porn

The constitutional protection against ______ is the basis for a criminal suspect's "right to remain silent" in criminal proceedings.

self-incrimination

Which of the following is a requirement for a state's school aid to a parochial school to be deemed constitutional?

the aid must avoid excessive government involvement in religion

The Supreme Court was particularly active during the 1960s in broadening its interpretation of ________ to ensure that states and localities could not infringe on civil liberties protected by the Bill of Rights.

the due process clause in the fourteenth Amendment

President Thomas Jefferson wanted ________ to be a "wall of separation between church and state."

the establishment clause of the First Amendment

An assumption regarding the Bill of Rights that was held by the courts for many years was that:

the scope of the Bill of Rights was limited to the actions of the national government

The right to refuse to quarter soldiers was guaranteed by the ______ to the U.S. Constitution.

third Amendment

In the context of the practice of euthanasia, in 1997, the Supreme Court:

upheld the states' rights to ban assisted suicide or mercy killing