Chapter 4

pure speech

spoken words communicating ideas, opinions, or information

The exclusionary rule forbids

courts to admit illegally seized evidence during a trial.

What did the Supreme Court decide in the 1925 case Gitlow v. New York?

States were required to protect freedom of speech as a fundamental liberty.

Because of selective incorporation, which of the following statements about the Bill of Rights is true?

Today, most Bill of Rights protections apply to the states.

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

abortion

True or false: All forms of speech are protected under the U.S. Constitution.

false

In post-9/11 America, the balance between protecting individual freedoms and preserving public safety has become harder to achieve, given perceived

intrusions on free speech and assembly.

Which of the following scenarios will most likely lead to citizens allowing more government restrictions of civil liberties?

A terrorist group launches attacks against targets on American soil.

The landmark case that firmly established the right to privacy is

Griswold v. Connecticut.

According to the ruling in Barron v. Baltimore, the Bill of Rights

did not apply to state action.

Which of the following best characterizes the Bill of Rights?

broad principles

The First Amendment clause that prohibits the government from passing any laws that establish an official religion is known as the _____ clause.

establishment

True or false: The Bill of Rights protects freedoms that are essential to the free and effective participation of individuals and groups in the larger community.

True

Tinker v. Des Moines

Vietnam War protesters could wear black armbands to school, illustrating their political beliefs.

An ancient right that protects an individual in custody from being held without the right to be heard in a court of law is known as

habeas corpus

Which of the following rights has the Supreme Court interpreted as protected by the Second Amendment?

The right for individuals to possess firearms. The right for states to have a well-regulated militia.

How has the Supreme Court generally interpreted the establishment clause in their rulings over time?

There is no set interpretation. The Court has often shifted back and forth in its opinions.

What function do the criminal due process rights in the Fourth, Fifth, Sixth, and Eighth Amendments fulfill?

They establish guidelines for law enforcement, trial, and punishment.`

Why didn't the Federalists think that a bill of rights was necessary?

They saw the Constitution's delegation of national power and protections against an abusive government as a bill of rights itself.

U.S. v. O'Brien

Vietnam War protesters were prevented from destroying their draft cards because government had a compelling interest that overrode this specific form of protest.

Thomas Jefferson argued that the First Amendment built a ______ between church and state.

Wall of separation

Which two of the following most brought to light the disproportionate patterns of police officer-involved killing of persons of color?

cell phone videos the Black Lives Matter movement

Based on their experiences with the British, what types of government action did the framers of the Constitution seek to protect citizens against?

censorship limitations on speech confiscation of property

The standard under which speech can be suppressed if it creates the probability that harm may result, even if the likelihood of the result is remote, is known as the ______ test.

clear and probable danger

The freedoms of religion, privacy, and criminal due process encourage which of the following types of engagement?

community

The Supreme Court's ruling in District of Columbia v. Heller dramatically changed the meaning of the Second Amendment by

conferring to citizens an individual right to possess a firearm for lawful purposes.

The language in the Bill of Rights has led to

disagreement over its interpretation.

Protection against cruel and unusual punishment is contained in the

eighth amendment

The Fourth, Fifth, Sixth, and Eighth Amendments

ensure justice and fairness in the administration of the law.

How has the government tried to accommodate for the protection against cruel and unusual punishment with regard to implementation of the death penalty?

ensuring executions are carried out in the most humane and painless manner possible

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

True or false: According to the Supreme Court, for a search to be considered reasonable, a search warrant must always be produced.

false

True or false: Freedom of speech includes spoken or written language but NOT symbolic actions such as picketing or wearing an armband to signify a protest.

false

True or false: Most Americans believe the United States should establish a national religion.

false

True or false: President Lincoln's suspension of the writ of habeas corpus allowed individuals in custody the right to be heard in a court of law.

false

True or false: The Supreme Court tends to adopt a separationist approach for most cases that deal with interpretations of the establishment clause.

false

True or false: The bad tendency test remains the standard by which the Supreme Court allows the government to restrict speech today.

false

True or false: The freedom of American citizens to peacefully assemble cannot be limited by the government in any form.

false

True or false: Under the First Amendment, the government may not limit or prohibit any form of political expression.

false

In Gitlow v. New York, the Supreme Court determined that an aspect of the ______ Amendment applied to the states.

first

What two values are in conflict because of the liberties ensured by the Bill of Rights?

freedom and order

The American Civil Liberties Union (ACLU) is one of several groups that ______ post-9/11 anti-terror measures such as domestic surveillance without a warrant.

has been critical of

In which of the following instances would a warrantless search be valid?

if there is no reasonable expectation of privacy

How is the legal standard for the right to privacy established?

implicitly within the Bill of Rights, supported by Supreme Court rulings

In the Griswold case, the Court concluded that the right to privacy is ______ all other liberties.

implied in

Throughout U.S. history and especially since the 9/11 attacks, there has been tension between

liberty and security

What type of behavior do time, place, and manner restrictions on public assembly seek to control?

loud or violent protests that threaten public peace

The bad tendency test is considered ______ the clear and present danger test.

more restrictive than

Time, place, and manner restrictions on public assembly are to be applied in a content-______ manner.

neutral

symbolic speech

nonverbal communication such as picketing or wearing an arm band to signify protest

In both Near v. Minnesota (1931) and New York Times v. U.S. (1971), the Supreme Court ruled that the government could

not restrict the publication of a specific news story.

Using the Lemon test, the Court ruled that the Ohio program that gave vouchers to parents to offset the costs of parochial schooling

passed the test, as the purpose of the program was secular rather than religious; the primary beneficiaries were the students.

What type of speech is unlikely to be limited or prohibited?

political speech

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

privacy

the concept of due _____ refers to the legal safeguards that prevent the government from arbitrarily depriving citizens of their constitutionally protected rights.

process

Which of the following scenarios would most likely qualify as libel or slander?

publicly made defamatory statements with fault

According to the establishment clause, the government is required to

remain neutral toward all religious institutions.

Given the governmental interest in protecting the health of society, commercial speech related to tobacco advertising is

restricted

Restricted speech known as fighting words does which of the following?

results in public disorder inflicts injury

Before the War for Independence, Great Britain often took measures to ______ the press.

silence

In Mapp v. Ohio, the Supreme Court extended the exclusionary rule to _____ court proceedings.

state

Historically, in times of perceived internal and external threats, the Supreme Court has been more willing to ______ political speech.

suppress

What experience influenced the framers to include protections for civil liberties in the Constitution?

the British government's oppressive actions against American colonists

What two factors are important in cases in which the Supreme Court has extended the right to privacy to the right to engage in sexual activity?

the activity takes place at home the activity is consensual

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

the average person

Which of the following did the Court consider when making its decision in Gideon v. Wainwright?

the community's view of fundamental fairness

Which of the following constitutional amendments establish formal rules for conducting a trial?

the fifth amendment the sixth amendment

Which of the following freedoms in the Bill of Rights specifically encourage community and civic engagement?

the freedom of privacy the freedom of religion the freedom of criminal due process

What do the protections of the First Amendment allow?

the freedom to express ideas

In Gideon v. Wainwright, the Supreme Court established that

the government must provide lawyers to individuals who cannot afford their own attorney.

What issue is currently at the forefront of public discourse about privacy?

the government's right to use social media in investigations

The framers originally intended the Bill of Rights to restrict the powers of

the national government only

Which of the following was key to the clear and probable danger test?

the seriousness of the evil

Which amendment ensures the right to legal counsel?

the sixth amendment

Which faction among the framers was opposed to ratifying the Constitution without first including a written Bill of Rights?

Anti-Federalists

True or false: The American gun debate stems from a disagreement about how to interpret the language of the Second Amendment.

true

True or false: The Supreme Court tends to adopt a separationist approach for most cases that deal with interpretations of the establishment clause.

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

When it comes to Supreme Court decisions on the right to privacy, rulings are

usually linked to some other explicitly established constitutional right.

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

warrant

Before a warrant is issued, what must be determined?

whether probable cause exists

Which amendment requires police to get a warrant before engaging in a search?

Fourth Amendment

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

Fourth Amendment fifth amendment sixth amendment eighth amendment

Which Supreme Court decision found that the application of the death penalty was arbitrary and discriminatory and thus, was incompatible with the standards in contemporary society?

Furman v. Georgia

Why are civil libertarians concerned about the government's collection of data from social networks?

Government collection of data might violate constitutional rights to privacy.

Under which circumstances are Americans more likely to adopt an expansive interpretation of civil liberties?

In times of peace when they don't perceive themselves to be under some external threat.

Which of the following describes how, in the case of Burwell v. Hobby Lobby, the Court changed the interpretation of the free exercise clause?

It extended the First Amendment right of religious freedom to corporations.

How does the Supreme Court decide whether a right is protected by the due process clause of the Fourteenth Amendment from impairment by the states?

It uses a formula that asks whether the right is rooted in American tradition and conscience and is essential for liberty.

Which of the following statements about evidence that is subject to the exclusionary rule are true?

It was gathered illegally.

The Supreme Court determined that privacy rights extend to consensual activity between same-sex partners in

Lawrence v. Texas.

Which of the following cases established that law enforcement officers must advise detainees of their rights, including the right to remain silent and the right to an attorney, before beginning questioning in a criminal investigation?

Miranda v. Arizona

The framers did not initially see the Bill of Rights as applicable to state governments for which reasons?

Most state constitutions included a bill of rights of their own that protected against abuses of state power. Because state governments were closer to the people than the national government, they were less likely to restrict individual freedoms.

Which case was the first to attempt to extend the privacy rights established in Griswold v. Connecticut?

Roe v. Wade

What concerns did the Anti-Federalists have in ratifying the U.S. Constitution?

The Constitution did not provide enough protections for citizens against an abusive government.

How did the Supreme Court rule in the 1990 case Employment Division, Department of Human Resources v. Smith, which dealt with two employees who were fired after using peyote as part of their religious practice?

The Court argued that the two employees broke the law and therefore were fired from their jobs. As such, there was no free exercise violation.

How did the Supreme Court rule in the case of Texas v. Johnson?

The Court ruled that flag burning is symbolic political speech protected under the First Amendment.

How did the Supreme Court rule in U.S. v. O'Brien, which addressed the constitutionality of the government punishing Vietnam War protesters for destroying or mutilating draft cards in the name of free speech?

The Court upheld the punishment, as the purpose of the cards was to facilitate the draft rather than to suppress speech.

In which of the following scenarios would the Supreme Court find the death penalty unconstitutional?

The defendant received an unfair legal process.

neutrality

The establishment clause allows the government to provide nonbiased support toward all religious groups.

accomodation

The establishment clause allows the government to support any religious group as long as it does not rise to the level of an official state religion.

separationism

The establishment clause does not allow for any support of religious sects.

Which of the following scenarios will most likely lead to citizens accepting fewer government restrictions of civil liberties?

The nation experiences a period of relative security and stability.

the _____ clause of the First Amendment requires government neutrality toward religious institutions, whereas the _____ _____ clause prohibits the government from taking hostile action toward individuals' practice of their religion.

Blank 1: establishment Blank 2: free Blank 3: exercise, excercise, or exersise

The fighting-words doctrine was established in which of the following Supreme Court cases?

Chaplinsky v. New Hampshire

Why is freedom of speech important to the democratic process?

Citizens must be able to share information and ideas. Citizens must be able to publicly criticize their government.

Which of the following best describes positive acts of government intended to protect individuals against arbitrary or discriminatory actions?

Civil Rights

Which of the following are considerations of the Lemon test for assessing a government program's relationship with religious institutions?

Does the program have as its principal effect the advancement of religion? Does the program have a secular purpose? Does the program create excessive entanglement between church and state?

In the controversy surrounding the Second Amendment, what arguments are made for and against further restricting a citizen's right to keep and bear arms?

Easy access to firearms is a threat to public safety. Gun ownership creates a free and safe society.

Civil libertarians are more likely to make which of the following arguments in the wake of 9/11?

Increased security measures might violate individual freedoms and rights.

Why was the Supreme Court decision in the 1833 case Barron v. Baltimore significant to the interpretation of the Bill of Rights?

It determined the Fifth Amendment only applied to actions of the federal government.

What is one concern in expanding the government's authority during times of national emergency?

Such actions will limit an individual's First Amendment rights.

What case tested the Court's commitment to protecting symbolic speech of a highly unpopular nature by asking it to evaluate a man's conviction under state law for burning an American flag?

Texas v. Johnson

Why did the Supreme Court suspend the death penalty in the 1972 case Furman v. Georgia?

The application of the death penalty was arbitrary and discriminatory and thus was incompatible with the standards in contemporary society.

True democracy ______ when the government controls the press.

cannot survive

In the 2002 case Lawrence v. Texas, the Court ruled that the privacy rights associated with sexual activity ______ apply to same-sex couples.

do

The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as

due process protections

The First Amendment protection that makes it illegal for the government to enact laws that restrict the free practice of religion by any individual is known as the ______ clause.

free exercise

Why has the Supreme Court placed restrictions upon the freedom to assemble?

in order to preserve order and public safety

The Supreme Court ruled that the Constitution protects two types of freedom of association, including _____ associations, which are close human relationships maintained as part of an individual's personal liberty.

intimate

Which of the following are needed to limit the government's use of social media in investigations?

legislation that mandates the public disclosure of the scope of the government inquiries legislation to determine when and if a social media organization may deny warrantless requests

Compared with political speech, the government affords commercial speech

less protection

The role of the Bill of Rights is to ______ government power.

limit

The concept based on the belief that authentic discourse depends on free and unrestrained discussion of different points of view is known as the ______ of ideas.

marketplace

Which of the following levels of government does the Bill of Rights apply to today?

state federal

In the 1833 case Barron v. Baltimore, the Supreme Court determined that the Fifth Amendment applied to

the federal government only.

Based on present-day interpretations of the Eighth Amendment, executions that are carried out must be done so in

the most humane and least painful manner.

What had prompted the movement for a safer nation?

the numerous mass shootings

Which of the following are established protections according to Miranda v. Arizona?

the right to remain silent the right to an attorney

In what way is the Bill of Rights applied to the states?

through the due process clause of the Fourteenth Amendment

True or false: Central to the democratic process is the freedom to speak critically about government and politics.

true

True or false: Every state allows for some form of concealed-carry protection, which allows citizens to have weapons on them or in close proximity.

true

True or false: Protection of groups against being singled out by the government for unequal treatment led to the constitutional protections of freedom of religion, the right to privacy, and the right to due process in the criminal justice system.

true

Which of the following examples best represents commercial speech?

an advertisement for a social networking application

Which of the following has been the nation's primary response to claims of systemic racism and police abuse?

body cameras for police

According to a 2016 survey, what percentage of Americans said that religion was fairly or very important in their lives?

75 percent

False written statements about others that harm their reputation are known as _____ , whereas false verbal statements about others are known as _____

Blank 1: libel or libal Blank 2: slander

The constitutionally established guarantees that protect opinions and property against arbitrary government interference are known as civil , _____ whereas civil _____ reflect positive acts of government for the purpose of protecting individuals against arbitrary or discriminatory actions.

Blank 1: liberties Blank 2: rights

The application of all the protections claimed in the Bill of Rights to the states is known as _____ incorporation, whereas case-by-case consideration of these protections is known as _____ incorporation.

Blank 1: total Blank 2: selective

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

Does the work as a whole lack serious literary, artistic, political, or scientific value? Does the average person applying contemporary standards find that the work appeals to the prurient interest? Does the work depict in an offensive way a form of sexual conduct specifically prohibited by anti-obscenity laws?

Which of the following questions have been raised in response to the use of body cameras by police officers in the wake of several high-profile police shootings?

Will cameras enable police profiling? Will cameras lead to increased government surveillance of civilians? Will cameras improve the quality of policing?

What is prior restraint?

a government attempt to censor material of which it does not approve

What was the distinction that the Court made in granting students wearing armbands in Tinker v. Des Moines First Amendment protections but not extending those same protections to people burning draft cards in U.S. v. O'Brien?

a legitimate government reason apart from the suppression of political expression

Which of the following would be a case involving the free exercise of religion?

a man practicing polygamy because his religion sanctions it

According to the Supreme Court, when considering the reasonableness of a search, the strictest interpretation requires which of the following?

a warrant

The Court will generally allow government support for religious schools, programs, and institutions if the support does which two of the following?

advances a secular goal does not specifically endorse a particular religious belief

The Eighth Amendment protects

against cruel and unusual punishment.

Which of the following principles are important to the First Amendment freedom of the press?

allowing citizens to hear competing ideas about public issues ensuring that the government remains accountable to its citizens

The Supreme Court's clear and present danger test, as established in the Schenck v. U.S. case,

allows authorities to silence speech when it poses a threat that the government could prevent.