Government 4

imminent lawless action test

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

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

0

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

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

4th

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

Act of Toleration

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

Eighth; Fifth; Sixth; Fourth

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

False

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

False

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

Fifth

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

Freedom of the press receives strong judicial protection.

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

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

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

Roe v. Wade.

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

Second Amendment

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

The nation was at war.

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

USA Patriot Act.

The exclusionary rule is based on the Supreme Court decision in

Weeks v. United States (1914).

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.

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

abortion

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

imposing.

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

in state courts.

The Bill of Rights protects some civil liberties, including freedom

of speech of assembly of the press

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.

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 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.

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 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

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

ban sexual relations between consenting same-sex adults.

Under the Fifth Amendment, suspects

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

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"

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

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 establishment clause of the Constitution restricts which of the following?

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

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

judges

The Sedition Act of 1798

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

Free speech is usually protected in the United States unless it

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

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

prior

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

privacy.

free-exercise clause

prohibits the government from interfering with individuals' practice of their religion

Establishment Clause

requires government neutrality toward religious institutions

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.

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

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

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

What are the religious clauses in the First Amendment?

the free-exercise clause the establishment clause

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.

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

the right to bear arms

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.

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

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

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

Texas's sodomy laws

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.

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.