Chapter 4 - civil liberties (review)

Weeks vs. USA (1914)

" the tendency of those who execute the criminal laws of the country to obtain convictions by means of unlawful searches and enforced confessions... Should find no sanction in the judgment of courts" - Adopted the "exclusionary rule"

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 if a punishment is "unnecessarily cruel" * Determining whether a punishment is "disprportionate to the offence"

Match the clause with its description.

* Establishment Clause: requires government neutrality toward religious institutions. * Free-exercise Clause: prohibts the government from interfering with individuals' practice of their religion.

Match the constitutional amendment to the right(s) it protects.

* First Amendment: right to speech, press, assembly and religion. * Second Amendment: Right to bear arms. * Fourth Amendment: protection against unreasonable search and seizure. * Fifth Amendment: protection against self-incrimination and double jeopardy. * Sixth Amendment: right to a jury trial, an attorney, and to confront witnesses. * Eighth Amendment: protection against cruel and unusual punishment.

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

* Government from supporting religion over no religion. * Government from favoring one religion over another.

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

* Life sentences wihtout parole for juveniles. * The death penalty for juveniles. * The death penalty for the mentally ill.

Which of the following statements are true concerning the right of assembly?

* Public officials can regulate the time and place of assemblies. * Individuals cannot hold an assembly at a busy intersection during rush hour. * Regulations of public assembles must be applied fairly to all groups.

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

* The Sixth Amendment * The Fourth Amendement * The Eighth Amendment * The Fifth Amendment

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

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

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.

Why was the National Security Agency's wiretapping of phone calls and e-mail messages originating in the United States, first revealed by The New York Times in 2005, controversial?

* The wiretapping had been authorized by President George W. Bush without approval from the courts. * The NSA had collected data on nearly every call made by Americans.

Freedom of expression

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

Free speech is usually protected in the United States unless it

* involves faluse commerical advertising claims. * leads to imminent and lawless action. * presents a clear and present danger to others.

The Bill of Rights protects some civil liberties, including freedom

* of the press. * of speech. * of assembly.

What are the religious clauses in the First Amendment?

* the free-exercise clause * the establishment clause

Roe vs Wade

- 1973 - Abortion - Gave women full freedom to choose abortion during the first three months (1st trimester) of pregnancy

The free-exercise clause has been interpreted to mean that ______.

- Americans cannot always act on their religious beliefs if they conflict with other laws - Americans can hold any religious belief of their choosing

Lemon Test

- Created after Lemon vs. Kurtzman - 3 point test - States that the policy must have non-religious purpose, the principle must be one that neither advances nor inhibits religion, and the policy must not foster "an excessive government entanglement with religion"

In following the Eighth Amendment, the Supreme Court has used ____, ____, and ____ test to determine if an action constitutes cruel and unusual punishment

- Determining whether a punishment is "disproportionate to the offense" - Determining if a punishment is "unnecessarily cruel" - Determining if a punishment violates "fundamental standards of good conscience fairness"

Mapp vs. Ohio (1961)

- Incorporated the "exclusionary rule" and made it applicable to the states

Miranda vs. Arizona (1966)

- Incorporated the Miranda Rights - Protects the right to remain silent , and the right to an attorney

Which of the following are true of the inevitable discovery exception?

- It allows admission of tainted evidence in certain cases. - It states that exclusion of physical evidence that would have been found anyway has no effect on the fairness of a trial.

Free speech is usually protected in the United States unless it :

- Presents a clear and present danger to others - leads to imminent and lawless action - Involves false commercial advertising claims

Which of the following statements are true of libel and slander?

- Public officials can usually be criticized freely without fear the writer or speaker will have to pay for damages due to libel or slander. - Laws on libel and slander are based on the assumption that society has an interest in encouraging media and citizens to express themselves freely.

True statements about libel and slander

- Public officials can usually be criticized freely without fear the writer or speaker will have to pay for damages due to libel or slander. - Laws on libel and slander are based on assumption that society has an interest in encouraging media and citizens to express themselves freely

Which of the following statements are true concerning the right of assembly:

- Regulations of public assemblies must be applied fairly to all groups - Individuals cannot hold an assembly at a busy intersection during rush hour - Public officials can regulate the time and place of assemblies

Inevitable Discovery Exception

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

Which of the following statements are true concerning the Supreme Court's decisions involving symbolic speech?

- The Supreme Court has ruled that burning an American flag is a protected form of symbolic speech. - The Supreme Court has protected symbolic speech nearly as vigorously as actual speech.

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

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

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 serve an important highway safety objective.

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

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 Bill of Rights protects a number of civil liberties, including freedom ______.

- of the press - of speech - of assembly

Which of the following are considered civil liberties?

- right to a fair trial - freedom of religion - freedom of speech

For the government to restrict speech, the imminent lawless action test requires ______.

- that the speech must be directed at inciting or producing imminent lawless action - that the speech must actually be likely to produce lawless action - that it satisfy two criteria for speech advocating the unlawful use of force

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

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

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

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

What are the religious clauses in the First Amendment?

- the establishment clause - the free-exercise clause

The Bill of Rights protects civil liberties related to criminal procedure, including which of the following?

- the right to a jury trial - protection from unreasonable searches - the right to an attorney - protection from self-incrimination

The Second Amendment protects and supports which of the following?

- the right to keep and bear arms - a well-regulated militia

Which of the following constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona (1966)?

- the right to remain silent - the right to an attorney

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 whether a punishment is "disproportionate to the office" -determining if a punishment violates "fundamental standards of good conscience and fairness" -determining if a punishment is "unnecessary cruel"

Which of the following statements are true concerning the right of assembly?

-Regulations of public assemblies must be applied fairly to all groups. -Individuals cannot hold an assembly at a busy intersection during rush hour. -Public officials can regulate the time and place of assemblies.

Which of the following statements are true regarding incarceration rates in the United States?

-The United States has the largest prison population in the world on a per-capita basis -The number of federal and state prisoners has more than doubled since 1990 -Most state legislatures have enacted stiffer criminal penalties in the past two decades

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

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

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

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

Free speech is usually protected in the United States unless it:

-leads to imminent and lawless action -involves false commercial advertising claims -presents a clear and present danger to others.

The Bill of Rights protects some civil liberties, including freedom:

-of speech -of assembly -of the press

The imminent lawless action test:

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

From the late 1950s to 2010, how many Americans have been convicted solely for criticizing the government's war policies?

0

from the 1950 to 2010, how many people have been convicted solely for criticizing the governments war policies

0

1) establishment clause 2) free-exercise clause

1) requires government neutrality toward religious institutions 2) prohibits the government from interfering with individuals' practice of their religion

Rank the following supreme court standards for restricting speech from the oldest to the newest (current) test.

1. The clear and present danger test 2. bad tendency test 3. clear and probable danger test 4. imminent lawless action test

Match the Supreme Court case considering free speech with its decision. 1. Tinker v. Des Moines 2. U.S. v. O'Brien

1. Vietnam war protesters could wear black arm bands to school illustrating their political beliefs 2. Vietnam war protests were prevented from destroying their draft cards because government has a compelling interest that overrode this specific protest.

Miranda Warning

1. You have the right to remain silent. 2. Anything you say can and will be used against you in the court of law. 3. You have the right to talk to a lawyer, and have him/her present with you while you are being questioned. 4. If you cannot afford a lawyer, one will be appointed to represent you before questioning, if you wish. 5. You can decide at any time to exercise these rights and not answer any questions or make any statements *created in Kansas City, Missouri* *must knowingly and willingly waive rights*

Match the three interpretations of the establishment clause with their meaning. 1. separation: 2. neutrality: 3. accommodation:

1. the establishment clause does not allow for any support of religious sects. 2. The establishment clause allows the government to provide non-biased support toward all religious groups 3. the establishment clause allows the government to support any religious group as long as it does not rise to the level of an official religion.

Match the Supreme Court regarding the restriction of free speech to its date and definition. 1. the clear and present danger test 2. the bad tendency test 3. the clear and probable danger test

1. the government can restrict any speech that poses a threat that the government has the ability to prevent. 2. the government can restrict any speech that has the potential to incite crime or threaten the peace. 3. the government can restrict any speech to avoid a threat of grave danger, like an armed takeover of the United States

Match the Supreme Court case to its subsequent ruling. 1. Near v. Minnesota 2. New York Times v, U.S.

1. the government could not restrict the publication of a news story accusing the jews of a variety of crimes 2. the government could not restrict the publication of documents containing information about the Vietnam War that could contribute to an ongoing political debate.

match the term to its appropriate definition. 1. total incorporation 2. selective incorporation

1. the theory that the Fourteenth Amendment's due process clause requires states to uphold freedoms guaranteed in the Bill of Rights 2. the process by which the Supreme Court gradually applied freedoms that served some fundamental principle of liberty to the states.

The Supreme Court reverted back to the clear and present danger test during the...

1930s

In which decade did the election of "tough on crime" candidates lead to state legislatures enacting stiffer penalties for crime while also limiting judges' abilities to reduce sentences for nonviolent crimes of first-time offenders?

1990s

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

Which amendment to the United States Constitution protects citizens from unreasonable searches and seizures?

4th

which amendment to the united states constitution protects citizens from unreasonable searches and seizures

4th

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

5th

which amendment to the united states constitution protects individuals from testifying against themselves in a court of law?

5th

Slander

A false verbal statement about other people

Libel

A false written statement about other people that harms their reputation

What is prior restraint?

A government attempt to censor material of which it does not approve.

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.

Wall of Separatine Doctrine

A strict separation of church and state

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.

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

Abortion.

England's ______ gave members of Protestant sects the right to worship freely and publicly. The first Amendment reflects this tradition.

Act of Toleration

Symbolic Speech

Action not words, still protected by the 1st amendment

Accommodation Doctrine

Allows government to aid religious activity if no preference is shown toward a particular religion and if assistance it is of non-religious nature

Free-exercise Clause

Americans are free to hold any religious belief of their choosing and bans the state from restricting the free practice of any religion

Imminent Lawless Action

An imposing barrier to any government attempt to restrict speech The test: - has two criteria for speech advocating the unlawful use of force to be prohibited - 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

Which of the following elements found in the US Constitution enunciates individual liberties?

Bill of Rights

Freedom of speech, of assembly, and of the press are civil liberties guaranteed in which document?

Bill of rights

The imminent lawless action test is also called the

Brandenburg test, incitement test

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 democracy ___ when the government controls the press.

Cannot survive

Griswold vs. Connecticut

Challenged state law prohibition of the use of contraceptives such as condoms or birth control even by married couples. The Court ruled that individuals have a " Zone of [personal] privacy" that the government cannot lawfully invade "emanations" led to "penumbras" which contained a generalized right to privacy

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

Chaplinsky v. New Hampshire

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

Community engagement

Johnson vs. Zebst (1938)

Criminal defendants in federal cases must be provided a lawyer at government expense if they cannot afford one

Which of the following is a description of the plain view exception?

Evidence found in plain sight is admissible even if a suspect was stopped for another, unrelated infraction.

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

DUE PROCESS CLAUSE

In which case did the Supreme Court rule that the Second Amendment protects an individual's right to possess a firearm unconnected to service in a militia?

District of Columbia v. Heller

What is the question at the heart of the debate over the Second Amendment?

Does the amendment give individuals the right to possess weapons?

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 create excessive entanglement between church and state? Does the program have a secular purpose?

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

Due

Which term refers to the legal safeguards that prevent the government from arbitrarily depriving citizens of their rights guaranteed by the Fifth and Fourteenth Amendments?

Due process

10th Amendment

Due process Clause from Federal

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

Freedom of ___________ is the right of individual Americans to hold and communicate thoughts of their choosing:

EXPRESSION

Which of the following is likely to convince a judge that police should be issued a search warrant?

Establishing probable cause for believing a crime has been committed.

Plain View Exception

Excludable evidence can be admitted in trial if discovered in plain sight in the process of arresting a suspect for another infraction - created in Whren vs. United States (1996)

Good Faith Exception

Excludable evidence can be admitted in trial if police believed they were following proper procedures

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

FEDERAL ONLY

DeJONGE v. OREGON

FREEDOM OF ASSEMBLY

NEAR v. MINNESOTA

FREEDOM OF PRESS

HAMILITION v. REGENTS, U OF C

FREEDOM OF RELIGION

GITLOW v. NEW YORK

FREEDOM OF SPEECH

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: 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: According to the Supreme Court, police can search a person's home merely on the basis of a hunch that the owner might be breaking the law.

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: 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

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

Fifth

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

Fifth and Sixth Amendments

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

First

Match the constitutional amendment to the right(s) it protects.

First Amendment = right to speech, press, assembly and religion Second Amendment = right to bear arms Fourth Amendment = protection against unreasonable search and seizure Fifth Amendment = protection against self-incrimination and double jeopardy Sixth Amendment = right to a jury trial, an attorney, and to confront witnesses Eighth Amendment = protection against cruel and unusual punishment

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 and petition

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

What constitutional amendment is of special significance for the Supreme Court when considering how to best protect individual rights from action by state and local governments?

Fourteenth

Which amendment to the United States Constitution protects citizens from unreasonable searches and seizures?

Fourth

1st Amendment

Freedom of Speech, Press, Assembly and Religion

Which of the following statements is true regarding freedom of the press?

Freedom of the press receives strong judicial protection.

the First Amendment freedoms that support civic discourse include which of the following freedoms?

Freedoms of speech, press, assembly

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

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

Regarding freedom of the press, the Supreme Court has generally upheld the principle of no prior restraint. This principle means that:

Government generally cannot stop the news media from reporting a story

Establishment Clause

Government may not favor one religion over another or support religion over no religion and bans the state from helping religious institutions also restricts the establishment of an official religion

Prior Restraint

Government prohibition of speech or publication before it occurs

Engel vs. Vitale (1962)

Held that the establishment clause prohibits the reciting of prayers in public schools

The standard currently used to determine whether speech is protected from government interference is the

Imminent lawless action test

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

In order to preserve order and public safety

Powell vs. AL 1932

Incorporated access to counsel Special Circumstances rule

Gideon vs. Wainwright 1963

Incorporated full right to counsel Rejected and overruled the "special circumstances rule"

Racial Profiling

Is the targeting of individuals from particular groups, such as Blacks, Hispanics, and Muslims.

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

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

How did Congress react when the former Confederate states (except Tennessee) refused to ratify the Fourteenth Amendment?

It placed the states under military rule until they agreed to do so.

n 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

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.

Which of these groups is typically more protective of individual rights?

Judges

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

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

Lawrence v. Texas

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

Lawrence v. Texas

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

Lawrence v. Texas.

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

Lawrence vs. Texas

Which of the following statements are true of libel and slander?

Laws on libel and slander are based on the assumption that society has an interest in encouraging media and citizens to express themselves freely. Public officials can usually be criticized freely without fear the writer or speaker will have to pay for damages due to libel or slander.

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

Liberties, rights

The Sedition Act of 1798

Made it a crime to print harshly critical newspaper articles about the president

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

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 reason(s)?

Most state constitutions included a bill of rights of their own that protected the 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 of the following statements about slander and libel is true?

Neither libel nor slander is protected by the First Amendment.

In which of the following cases did the Supreme Court rule that for public figures to win a libel claim, they must prove actual malice?

New York Times Co. v. Sullivan

n which of the following cases did the Supreme Court rule that for public figures to win a libel claim, they must prove actual malice?

New York Times Co. v. Sullivan

Which of the following Supreme Court cases was also known as the "Pentagon Papers" case?

New York Times Co. v. United States

The law passed by Congress following 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 _______ Act:

PATRIOT

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

PRIVACY

Planned Parenthood vs. Casey (1992)

Pennsylvania created law that requires a minor to have a parent or guardian consent before obtaining an abortion

Reconstruction Act

Placed southern states under military rule until they ratified the 14th amendement

Riley vs. California & United States vs. Wurie

Police can search and seize physical evidence but they cannot search or seize contents of a cell phone without a warrant

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

Political speech

Webster vs. Reproductive Health Services

Prohibited abortions from happening in state funded medical facilities

1917 Espionage Act

Prohibited forms of dissent that could have harmed the nations effort in WWI

8th Amendment

Protection against cruel and unusual punishment

5th Amendment

Protection against self-incrimination or double jeopardy

4th Amendment

Protection against unreasonable search and seizure

Which of the following statements are true concerning the right of assembly?

Public officials can regulate the time and place of assemblies. Individuals cannot hold an assembly at a busy intersection during rush hour. Regulations of public assemblies must be applied fairly to all groups.

Which of the following statements are true concerning the right of assembly?

Public officials can regulate the time and place of assemblies. Individuals cannot hold an assembly at a busy intersection during rush hour. Regulations of public assemblies must be applied fairly to all groups.

Bill of Rights

Ratified in 1791, the first ten amendments lists a set of rights that the federal government is obliged to protect

Procedural due process

Refers to the procedures that authorities must follow before a person can lawfully be punished for an offense.

The establishment clause and free-exercise clause are related to :

Religion

According to the establishment clause, the government is required to

Remain neutral toward all religious institutions.

6th Amendment

Right to jury trial, right to an attorney, and right to confront witnesses

The Supreme Court decision that determined that the right to privacy extended to include abortion is

Roe v. Wade

The Supreme Court decision that determined that the right to privacy extended to include abortion is::

Roe v. Wade

The Supreme Court decision that determined that the right to privacy extended to include abortion is

Roe v. Wade.

United States vs. Leon (1984)

Ruled that evidence discovered under a faulty warrant was admissible because the police acted in "good faith" - created the "good faith exception"

Indianapolis vs. Edmund

Ruled that narcotic roadblocks serve a general law enforcement purpose rather than one specific to highway safety and therefore violates the 4th Amendment requirement that police must have a warrant

New York Times Co vs. United States

Ruled that prior restraint is unconstitutional without a compelling argument for the restriction

Gitlow vs. New York

Ruled that states do not have complete power over what their residents can legally say

Columbia vs. Heller

Ruled that the second amendment protects an individual (s) right to possess a firearm unconnected with service in the militia and to use that arm for traditionally lawful purposes, such as self-defense in one's home [federal]

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 ______ incorporation:

SELECTIVE

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

SYMBOLIC

The constitutional right to bear arms is found in which of the following amendments?

Second Amendment

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

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

State and Federal

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

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

Suppress

Gonzales vs. Carhart (2007)

Supreme Court held a ban on the use of a particular type of abortion, act was called the "Federal Partial-Birth Ban Act"

Bowers vs. Hardwick (1986)

Supreme Court held that the right of privacy did not extend to consensual sexual relations among adults of the same sex.

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

Texas's sodomy laws

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

Texas's sodomy laws.

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.

In a 2020 case, what did the Supreme Court rule concerning a Montana law denying scholarship funds for children attending religious schools but granting them for children attending private secular schools?

The Court overturned the law, ruling that states cannot disqualify private schools solely because they are religious.

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

The Fourth, fifth, sixth, and eighth

Why was the National Security Agency's wiretapping of phone calls and e-mail messages originating in the United States, first revealed by The New York Times in 2005, controversial? (Select all that apply.)

The NSA had collected data on nearly every call made by Americans. The wiretapping had been authorized by President George W. Bush without approval from the courts.

What was the name of the 1798 law that criminalized any speech or writings critical of the government, Congress, or the president?

The Sedition Act

Which of the following statements are true concerning the Supreme Court's decisions involving symbolic speech?

The Supreme Court has protected symbolic speech nearly as vigorously as actual speech. The Supreme Court has ruled that burning an American flag is a protected form of symbolic speech.

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

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

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

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. Not a single individual has been convicted solely for criticizing the government's war policies.

McDonald vs. Chicago

The Supreme Court through selective incorporation applied the Heller standard to state and local law

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?

The USA Patriot Act

What are the religious clauses in the First Amendment?

The establishment clause and the free exercise clause

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.

Due process clause of the Fourteenth Amendment

The idea that the state must use procedures under the law before depriving someone of life, liberty, or property and was created after the civil war

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.

The Patriot Act

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

Exclusionary Rule

The legal principle that the government is prohibited from using evidence that was obtain unconstitutionally in trials - was adopted in Weeks vs. USA (1914) - was incorporated in Mapp vs. Ohio (1961)

What unique circumstance existed at the time of the Korematsu v. United States decision?

The nation was at war.

Incarceration Rates in the United States

The number of federal and state prisoners has more than doubled since 1990. The United States has the largest prison population in the world on a per capita basis. Most state legislatures have enacted stiffer criminal penalties in the past two decades.

Selective Incorporation

The process by which the Supreme Court makes certain parts of the Bill of Rights applicable through the Fourteenth amendment actions by state governments

Why was the National Security Agency's collection of Americans' phone records, as revealed by Edward Snowden in 2013, ruled unlawful by a Federal appellate court?

The program had not been authorized by Congress.

Which of the following Fifth Amendment protections, if any, have not been incorporated as a protection by the Supreme Court?

The requirement to house and quarter soldiers.

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.

Freedom of Expression

The right of individual Americans to communicate thoughts of their choosing

2nd Amendment

The right to bear arms, and protects a well-regulated militia

Which of the following are considered Sixth Amendment protections?

The right to counsel, the right to a trial by jury, the right to a speedy and public trial.

Why was the National Security Agency's wiretapping of phone calls and email messages originating in the United States, first revealed by The New York Times in 2005, controversial?

The wiretapping had been authorized by President George W. Bush without approval from the courts. The wiretapping was specifically prohibited by the Foreign Intelligence Surveillance Act of 1978.

Why was the National Security Agency's wiretapping of phone calls and e-mail messages originating in the United States, first revealed by The New York Times in 2005, controversial?

The wiretapping was specifically prohibited by the Foreign Intelligence Surveillance Act of 1978. The wiretapping had been authorized by President George W. Bush without approval from the courts.

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.

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

To have a grand jury weight the prosecution's evidence.

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

True

True or False: in the case of Burwell v. Hobby Lobby (2014), the Supreme Court ruled that requiring Christian companies to provide contraception coverage to employees burdened religious liberty, only when the companies where "closely held"

True

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

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 women's right to obtain an abortion.

UNDUE BURDEN

Passed by Congress soon after the 9/11 attacks, the law 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 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 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

The exclusionary rule is based on the Supreme Court decision in

Weeks v. United States (1914).

The Supreme Court consistently rules that the George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was:

Within the president's power as commander-in-chief

Which legal provision requires law enforcement officials to appear before a judge to specify the reason detaining an individual

Writ of habeas corpus

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

The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated ______.

a basis for taking the alleged violation into a court of law for a ruling by a judge

the importance of listing individual rights in the constitution is that is gives individuals who feel that their rights have been violated

a basis for taking the alleged violation into a court of law for a ruling by a judge

The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated

a basis for taking the alleged violation into a court of law for a ruling by a judge.

The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated

a basis for taking the alleged violation into a court of law for ruling by a judge.

the second amendment protects and supports which of the following

a well regulated militia, and the right to bear arms

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

abortion

this best describes the subject under consideration in roe v. wade

abortion

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

accommodation

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

according to the _________ doctrine, government can aid a religious organization so long as the aid is non-religious in nature and the government doesnt favor one religion over another

accomodationist

The Eighth Amendment protects

against cruel and unusual punishment

The Eighth Amendment protects

against cruel and unusual punishment.

In the case of Korematsu v. United States, the courts

allowed government polices during wartime that would not be allowed in times of peace.

in the case of korematsu v. united states the courts

allowed government policies during wartime that would not be allowed in times of peace

The inevitable discovery exception

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

Freedom of expression

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

Freedom of expression

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

Freedom of expression

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

The Supreme Court has been more willing to allow the government ti impose constraints on __ media.

broadcast

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 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.

What does the vague language included in the Bill of Rights allow?

broad interpretation

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

Based on the exclusionary rule, evidence that is illegally obtained ___ be used in a trial.

cannot

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

cell phones

Under the 5th Amendment, suspects:

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

under the fifth amendment, suspects

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

Under the Fifth Amendment, suspects

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

Which of the following subjects has the Court considered as within one's rights of privacy?

choice of sexual partners, physician-assisted suicide, termination of medical treatment.

constitutional guarantees that protect citizens from arbitrary government action are known as

civil liberties

According to this test, before speech can be restricted, the government must clearly demonstrate that a citizen's expression presents a very obvious and real danger to the public safety.

clear and present danger

In the Supreme Court decision in Schenck v. US established which of the following tests?

clear and present danger

according to this test, before speech can be restricted, the government must clearly demonstrate that a citizen's expression presents a very obvious and real danger to the public safety

clear and present danger test

According to this test, before speech can be restricted, the government must clearly demonstrate that a citizen's expression presents a very obvious and real danger to the public safety.

clear-and-present-danger test

The USA Patriot Act was passed in order to ______.

combat terrorism

An advertising statement is know as...

commercial speech.

What does the Fifth Amendment prohibit?

compelled self-incrimination and double jeopardy.

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

in 2016 the supreme court ruled that police _________ use an outstanding warrant for another offense as an excuse to apprehend a suspect for another unrelated offense

could

The exclusionary rule restricts the ability of ______.

courts to admit illegally obtained evidence during a trial

The exclusionary rule restricts the ability of

courts to admit illegally obtained evidence during a trial.

Opponents of intelligent design claim that the theory is another form of _.

creationism.

Which constitutional rights safeguard those accused of crimes and constrain government investigations, trials, and punishments?

criminal due process rights

The Eighth Amendment protects people convicted of crimes from ______.

cruel and unusual punishment

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"

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

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

following the eighth amendment the supreme court has used which tests to determine if an action constitutes cruel and unusual punishment

determining whether a punishment is unnecessarily cruel, disproportionate to the offense, or violates fundamental standards of good conveniences and fairness

in which case did the supreme court rule that the second amendment protects an individuals right to possess a firearm unconstitutional to service in a militia

district of columbia v. heller

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

do

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

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 misconduct specifically prohibited by anti-obscenity laws? does the work as a whole lack serious literary, artistic, political, or scientific value?

the act of being tried again for the same crime after being cleared of it in court is known as ___ jeopardy.

double

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

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.

Which of the following is likely to convince a judge that police should be issued a search warrant?

establishing probable cause for believing a crime has been committed

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

establishment clause

Match the clause with its description.

establishment clause = requires government neutrality toward religious institutions free-exercise clause = prohibits the government from interfering with individuals' practice of their religion

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 ______ clause of the fist amendment requires government neutrality toward religious institutions, whereas the _________ clause prohibits the government from interfering with individuals practice of their religion

establishment, free-exercise

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

Freedom of _____ is the right of individual Americans to hold and communicate thoughts of their choosing.

expression

Freedom of __________________ is the right of individual Americans to hold and communicate thoughts of their choosing.

expression

freedom of ________ is the right of individual Americans to hold and communicate thoughts of their choosing

expression

Over time the Supreme Court has distinguished between which two types of political expression?

expression that the First Amendment protects, and expression that the government limits or even prohibits.

The Supreme Court ruled that the Constitution protects two types of freedom of association, including ____ associations through which Americans form associations with others and practice their First Amendment freedoms.

expressive

The Supreme court ruled that the Constitution protects two types of freedom of association, including ____ associations through which Americans form associations with others and practice their First Amendment freedoms.

expressive

Escobedo vs. Illinois (1964)

extended the right to counsel to the custodial stage merged 6th and 5th amendment

Based on the exclusionary rule, evidence that is illegally obtained can normally be used in a trial.

false

True or false: According to the Supreme Court, police can search a person's home merely on the basis of a hunch that the owner might be breaking the law.

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

based on exclusionary rule, evidence that is illegally obtained can normally be used in a trial

false

true or false: according to the supreme court, a statement that someone makes that ruins a public officials career may be considered libel or slander oven if the statement is factually accurate

false

true or false: according to the supreme court, police can search a persons home merely on the basis of a hunch that the owner might be breaking the law

false

Under the Fifth Amendment, suspects charged with a ______.

federal crime cannot be tried unless indicted by a grand jury

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

federal only

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

fifth

Which amendment to the United States Constitution protects citizens from unreasonable searches and seizures?

fourth

The First Amendment clause barring the government from passing any laws that prohibit an individual's practice of his or her religion is known as the ____ ____ clause.

free exercise

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 practice

The First Amendment clause barring the government from passing any laws that prohibit an individual's practice of his or her religion is known as the ______ clause.

free-exercise

the first amendment protection that makes it illegal for the government to enact laws that restrict free practice of religion by any individual is known as the

free-exercise clause

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

free-exercise clause.

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

freedom and order

dejonge v. oregon

freedom of assembly

near v. minnesota

freedom of press

In addition to the freedoms of speech and assembly, what other freedom does the First Amendment protect?

freedom of religion

hamilton v. regents U of C

freedom of religion

gitlow v. new york

freedom of speech

Fiske v. Kansa Near v. Minnesota Hamilton v. Regents, U of C DeJonge v. Oregon

freedom of speech freedom of press freedom of religion freedom of assembly

this is true regarding freedom of the press

freedom of the press receives strong judicial protection

Which of the following are central to the democratic process?

freedom to speak openly about the government and freedom to speak openly about politics.

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?

good faith exception inevitable discovery exception plain view exception

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

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

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

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

The establishment clause of the Constitution restricts which of the following? (Select all that apply.)

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

Regarding freedom of the press, the Supreme Court has generally upheld the principle of no prior restraint. This principle means that ______.

government generally cannot stop the news media from reporting a story

Regarding freedom of the press, the Supreme Court has generally upheld the principle of no prior restraint. This principle means that

government generally cannot stop the news media from reporting a story.

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

habeas corpus

Based on the Lemon test, state-funded programs are least likely to survive under the establishment clause if the program

has a significant effect on advancing a religion.

the free-exercise clause

has been interpreted to mean that americans can not always act on their religious beliefs if they conflict with other laws, is part of the first amendment, has been interpreted to mean americans can hold any religious belief of their choosing

the imminent lawless action test

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

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

he teachers could use classroom time to teach religious subjects.

The sharing of contrasting, even radical or loathsome, information is known as the marketplace of...

ideas.

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.

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

impact law enforcement's ability to combat crime

The barrier to restrict speech established in Brandenburg v. Ohio (1969) is best described as ______.

imposing

The barrier to restrict speech established in Brandenburg v. Ohio is best described as

imposing

The barrier to restrict speech established in Brandenburg v. Ohio is best described as

imposing.

The Supreme Court has ruled that, despite the exclusionary rule, evidence discovered under a faulty warrant is admissible if the police have acted ______.

in good faith

in united states v. Leon the supreme court ruled that, despite the exclusionary rule that evidence discovered under a faulty warrant was admissible because police had acted

in good faith

In United States v. Leon, the Supreme Court ruled that, despite the exclusionary rule, that evidence discovered under a faulty warrant was admissible because police had acted

in good faith.

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

in state courts

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

in state courts.

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

since 1990 the number of federal and state prisoners in the united states has

increased sharply

Which of the following best describes he tensions stemming from debate over the Second Amendment?

individual liberty versus community safety

these are true concerning the right of assembly

individuals cannot hold assembly at busy intersections during rush hour, regulations of public assemblies must be applied fairly to all group, public officials can regulate the time and place of assemblies

In Gitlow v. New York (1925), the Supreme Court ruled that the Bill of Rights protects ______.

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

restricted speech know as fighting words does which of the following?

inflicts injury or results in public disorder

free speech is usually protected in the united states unless it

involves false commercial advertising claims, presents a clear and present danger to others, leads to imminent and lawless action

Free speech is usually protected in the United States unless it

involves false commercial advertising claims. leads to imminent and lawless action. presents a clear and present danger to others.

The free-exercise clause

is part of the First Amendment. has been interpreted to mean that Americans can not always act on their religious beliefs if they conflict with other laws. has been interpreted to mean Americans can hold any religious belief of their choosing.

As a result of changes in sentencing policies, the U.S. prison population, per capita, ______.

is the largest in the world

As a result of changes in sentencing policies, the U.S. prison population, per capita,

is the largest in the world.

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.

Which of these groups is typically more protective of individual rights?

judges

which group is typically more protective of individual rights

judges

Felker vs Turpin (1996)

law is designed to prevent frivilous and multiple federal court appeals: inmates can have multiple state appeals and only one federal appeal

the supreme court determined that privacy rights extended to consensual activity between same-sex partners in

lawrence v. texas

American civil liberties are protected by the federal ___ system.

legal

the current standard used to determine whether the establishment clause has been violated is known as the ______ test

lemon

a false written statement about other people that harms their reputation is known as ________, whereas a false verbal statement about other people is known as _________

libel, slander

A false written statement about other people that harms their reputation is known as _____________, whereas a false verbal statement about other people is known as ____________.

libel; slander

False written statements about others that harm their reputation are known as ___ whereas false verbal statements about others are known as ___.

libel; slander

Constitutional guarantees that protect citizens, opinions, and property are known as civil ___.

liberites.

Constitutional guarantees that protect citizens' individual rights are known as civil ____________.

liberties

civil ________ refer to individual rights, such as the freedom of speech and religion, while civil ______ refer to rights and privileges granted to citizens by government, such as equality under the law

liberties, rights

Civil _______ refer to individual rights, such as the freedom of speech and religion, while civil ______ refer to equality under the law for different groups such as racial or religious minorities.

liberties; rights

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 sedition act of 1798

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

The Sedition Act of 1798 attempted to ______.

make it a crime to publish stories that are harshly critical of the president

which case 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

which case established the law enforcing 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 bad tendency test is considered ___ the clear and present danger test.

more restrictive than

this is true about libel and slander

neither libel or slander is protected by the first amendment

which case did the supreme court rule for public figures to win a libel claim, they must prove actual malice

new york times co. v. sullivan

this supreme court case was also known as the pentagon papers case

new york times co. v. united states

Indecent or offensive speech or expression that is not protected under the First Amendment is known as ___.

obscenity.

indecent or offensive speech or expression that is not protected under the First Amendment is known as __.

obscenity.

The Bill of Rights protects some civil liberties, including freedom

of assembly. of the press. of speech.

The Bill of Rights protects some civil liberties, including freedom

of speech. of the press. of assembly.

The Bill of Rights protects some civil liberties, including freedom

of the press. of assembly. of speech.

the supreme court has generally held that those convicted in state courts and who appeal on the grounds that their federal constitutional rights were violated are limited to

one appeal

The Supreme Court has generally held that those convicted in state courts and who appeal on the grounds that their federal constitutional rights were violated are limited to

one appeal.

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

oppose

the law passes 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 ________ act

patriot

Which of the following allows the admission of evidence that was immediately visible in the course of stopping a person for another infraction?

plain view exception

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

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?

plain view exception inevitable discovery exception good faith exception

which of the following options represents a case involving the free exercise of religion?

polygamy

Free speech is usually protected in the United States unless it

presents a clear and present danger to others. leads to imminent and lawless action. involves false commercial advertising claims.

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

prior

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

prior

In the case of New York Times Co. v. United States (1971), the Supreme Court ruled that ______.

prior restraint is unconstitutional without a compelling argument for the restriction

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

privacy

The right of the individual to be left alone to make decisions freely is known as the right to ___.

privacy

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

privacy

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

privacy.

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

procedural due process

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 action by state government as well as the federal government

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 Fifth and Fourteenth Amendments

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

the fifth and fourteenth amendments

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

The First Amendment protects both ___ speech, such as delivering a political speech, and __ speech, such as burning the American flag.

pure; symbolic

Law enforcement officials sometimes controversially rely on the practice of _________ ___________, the assuption that certain groups of people are more likely to commit particular crimes.

racial profiling

Law enforcement officials sometimes controversially rely on the practice of _____________ ______________ , the assumption that certain groups of people are more likely to commit particular crimes.

racial profiling

Law enforcement officials sometimes controversially rely on the practice of____ ____ the assumption that certain groups of people are more likely to commit particular crimes.

racial profiling

law enforcement officials sometimes controversially rely on the practice of _________________ the assumption that certain groups of people are more likely to commit particular crimes

racial profiling

According to the establishment clause, the government is required to ______.

remain neutral toward all religions

according to the establishment clause, the government is required to

remain neutral toward all religions

According to the establishment clause, the government is required to

remain neutral toward all religions.

Which of the following, according to the Supreme Court, is considered of strictest importance in determining what constitutes a reasonable search?

requirement of a warrant.

establishment clause free-exercise clause

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

these are considered civil liberties

right to a fair trial, freedom of speech, freedom of religion

Grisworld v. Connecticut (1965) was a case involving

right to privacy

The Supreme Court has upheld a law banning what is termed a "partial-birth abortion." In her dissent, Justice Ruth Bader Ginsburg maintained that the law ______.

risks women's lives and health

Citizens engaged in the debate over gun control are seeking a ___ nation.

safer

The plain view exception

says evidence found in plain sight is admissible even if a suspect was stopped for another infraction.

the plain view exception

says evidence found in plain sights is admissible even it a suspect was stopped for another infraction

The imminent lawless action test

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. has two criteria for speech advocating the unlawful use of force.

the constitutional rights to bear arms is found in which of the following amendments

second amendment

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 _____________________ incorporation.

selective

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 _________ incorporation

selective

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 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.

The right to legal counsel is a ______ Amendment protection.

sixth

which 2011 case did the supreme court rule that the first amendments protection of speech extended even to hate speech during the funerals of soldiers killed in action

snyder v. phelps

Freedom of ________ is the right of individual Americans to hold and communicate thoughts of their choosing.

speech

In Mapp v. Ohio (1961), the Supreme Court extended the constitutional protection against unreasonable search and seizure to action by _________ governments.

state

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

state

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

state

in mapp v. ohio the supreme court extended the constitutional protection against unreasonable search and search and seizure to action by _____ government

state

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

symbolic

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

symbolic

n 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:

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

The Supreme Court has ruled that the right of free assembly ______.

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

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

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.

The Supreme Court decision in Schenck v. United States established which principle?

that the federal government can restrict free expression but that it does not have unlimited authority to do so.

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

the British government's oppressive actions against American colonists.

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

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

In the process of selective incorporation, which is the amendment that the Supreme Court relies on to apply most, but not all, of the provisions of the Bill of Rights to actions by the state governments?

the Fourteenth Amendment

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

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

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

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

What was the name of the 1798 law that criminalized any speech or writings critical of the government, Congress, or the president?

the Sedition Act

Which of the following acts of legislation after the September 11 terrorist attacks gave government greater surveillance power to monitor phone calls and emails without a warrant or court order?

the USA Patriot Act

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 of court order

the USA patriot act

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.

Today, most of the guarantees in the Bill of Rights are protected from action by which of the following?

the federal and state governments

today most of the guarantees in the bill of rights are protected from action by which of the following

the federal and state governments

where is the bill of rights located in the US constitution

the first 10 amendment to the constitution make up the bill of rights

in the process of selective incorporation, which is the amendment that the supreme court relies on to apply most, but not all, of the provisions of the bill of rights to actions by the state governments

the fourteenth amenment

Cases like involve Jehovah's Witnesses, who practice a less mainstream religion, are more likely to involve which of the following religious clauses?

the free exercise clause

What are the religious clauses in the First Amendment?

the free-exercise clause the establishment 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

this 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 establishment clause of the constitution restricts which of the following

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

In the 1963 Gideon case, the Supreme Court established that ______.

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

in the 1963 Gideon case, the supreme court established that

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

In the 1963 Gideon case, the Supreme Court established that

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

In Brandenburg v. Ohio (1969) the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?

the imminent lawless action test

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

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 elements of the government was the Bill of Rights intended to limit?

the legislative brand, the judiciary branch, the executive branch.

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

The Second Amendment of the U.S. Constitution protects

the right of the people to keep and bear arms

The Second Amendment of the U.S. Constitution protects ______.

the right of the people to keep and bear arms

The Second Amendment of the U.S. Constitution protects:

the right of the people to keep and bear arms

The Second Amendment of the U.S. Constitution protects

the right of the people to keep and bear arms.

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

the right to an attorney and the right to remain silent

Which of the following is NOT considered a Sixth Amendment protection?

the right to bear arms

The Second Amendment protects and supports which of the following?

the right to keep and bear arms a well-regulated militia

The Second amendment protects and supports which of the following?

the right to keep and bear arms and the right to a well-regulated militia.

Griswold v. Connecticut was a case dealing with ______.

the right to privacy

Griswold v. Connecticut was a case dealing with

the right to privacy.

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

what was the name of the 1798 law that criminalized any speech or writings critical of the government, congress, or the president

the sedition act

these are true concerning the supreme courts decisions involving symbolic speech

the supreme court has ruled that burning an american flag is a protected form of symbolic speech, the supreme court has protected symbolic speech nearly as vigorously as actual speech

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.

the supreme court decision in schenck v. united states established which principle

the the federal government can restrict free expression but that it does not have unlimited authority to do so

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

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.

The USA Patriot Act was passed

to combat terrorism.

What was the purpose of the Selective Service Act?

to facilitate the military draft

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

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

true or false: the supreme court ruled that school administrators has discretion in searching student lockers for drugs and weapons as they are responsible for student safety

true

In Hamden v. Rumsfeld, the Supreme Court ruled that the use of secret military tribunals to try detainees accused of terrorism was ______, as detainees were entitled to a trial affording all the guarantees contained in the Constitution.

unconstitutional

in hamden v. rumsfeld, the supreme court ruled that the use of secret military tribunals to try detainees accused on terrorism were _______, as detainees were entitled to a trial affording all the guarantees contained in the constitution

unconstitutional

The Supreme Court consistently ruled that the George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was ______.

under the jurisdiction of the United States courts

The Supreme Court consistently ruled that the George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was

under the jurisdiction of the United States courts.

the supreme court constantly ruled that the george W. bush administrations practice of denying constitutional legal protections to enemy combatants was

under the jurisdiction of the united states courts

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

in planned parenthood v. casey the supreme court ruled that restrictions on abortion were legal so long as they didnt place an _______ _______ on a womans right to obtain an abortion

undue burden

The inevitable discovery exception

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

In Reno v. ACLU, the Supreme Court ruled that the internet was like...

was like print media and provided cheap and unlimited access to democratic issues.

which 2002 case did the supreme court rule that tax-supported school vouchers used to send children to private religious schools were not a violation of the establishment clause

zelman v. simmons-Harris