American Federal Government
Restricted speech known as fighting words does which of the following?
results in public disorder inflicts injury
Which of the following rights has not been incorporated?
right to a grand jury indictment
What experience influenced the framers to include protections for civil liberties in the Constitution?
the British government's oppressive actions against American colonists
Which of the following are considerations of the Lemon test for assessing a government program's relationship with religious institutions? (Choose every correct answer.)
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?
Which of the following standards are included in the obscenity test defined by the Supreme Court in Miller v. California? (Choose every correct answer.)
Does the work as a whole lack serious literary, artistic, political, or scientific value? Does the average person applying contemporary standards find that the work appeals to the prurient interest? Does the work depict in an offensive way a form of sexual conduct specifically prohibited by anti-obscenity laws?
With what aspects of its decisions on obscene speech does the Supreme Court have the most difficulty?
How to define the meaning of obscene?
What was the distinction that the Court made in granting students wearing armbands in Tinker v. Des Moines First Amendment protections but not extending those same protections to people burning draft cards in U.S. v. O'Brien?
In outlawing the burning of draft cards, the government had a legitimate purpose apart from the suppression of political expression.
What case tested the Court's commitment to protecting symbolic speech of a highly unpopular nature by asking it to evaluate an individual's conviction under state law for burning the American flag?
Texas v. Johnson
The bad tendency test
The government can restrict any speech that has the potential to incite crime or threaten the peace.
The clear and present danger test
The government can restrict any speech that poses a threat that the government has the ability to prevent.
The clear and probable danger test
The government can restrict any speech to avoid a threat of grave danger, like an armed takeover of the United States
What function do the criminal due process rights in the Fourth, Fifth, Sixth, and Eighth Amendments fulfill?
They establish guidelines for law enforcement, trial, and punishment.
In which case did the Court rule that Vietnam War protesters wearing black armbands to school constituted free speech protected under the Constitution?
Tinker v. Des Moines
The application of all the protections claimed in the Bill of Rights to the states is known as ___________incorporation,
Total
the theory that the Fourteenth Amendment's due process clause requires states to uphold freedoms guaranteed in the Bill of Rights
Total incorporation
True or false: Central to the democratic process is the freedom to speak critically about government and politics.
True
Constitutionally guaranteed civil liberties exist to protect Americans from
arbitrary government interference against citizens, opinions, and property.
In deciding free exercise cases, a court must
balance an individual's right to the free practice of religion with the government's need to adopt a program or policy.
The religion clauses of the First Amendment do which of the following? (More than one option may be correct.)
bar the government from supporting one religious sect over another bar the government from establishing a national religion ensure the government does not hinder individuals' exercise of religion
Based on their experiences with the British, what types of government action did the framers of the Constitution seek to protect citizens against?
censorship limitations on speech confiscation of property
The Supreme Court's ruling in District of Columbia v. Heller dramatically changed the meaning of the Second Amendment by
conferring to citizens an individual right to possess a firearm for lawful purposes.
According to the ruling in Barron v. Baltimore, the Bill of Rights Blank______.
did not apply to state action
In Chaplinsky v. New Hampshire, the Court ruled that fighting words ______ the democratic goals of free speech.
do not advance
The Court will generally allow government support for religious schools, programs, and institutions if the support does which two of the following? Multiple select question.
does not specifically endorse a particular religious belief advances a secular goal
What does the Fifth Amendment prohibit?
double jeopardy compelled self-incrimination
Which of the following principles are important to the First Amendment freedom of the press? (Choose every correct answer.)
ensuring that the government remains accountable to its citizens allowing citizens to hear competing ideas about public issues
The religion_________ clause of the First Amendment requires government neutrality toward religious institutions, whereas the ________exercise clause prohibits the government from taking hostile action toward individuals' practice of their religion.
establishment, free
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
According to a 1984 case, what two kinds of freedom of association does the Constitution protect?
expressive associations intimate associations
Speech that inflicts injury or results in public disorder is known as:
fighting words
The imminent lawless action test is also called the: (Choose every correct answer.)
incitement test Brandenburg test
How did Congress respond to the Supreme Court's ruling in Texas v. Johnson?
it passed the Flag Protection Act, which was subsequently struck down by the Court.
Compared with political speech, the government affords commercial speech
less protection
Time, place, and manner restrictions on public assembly seek to control what type of behavior?
loud or violent protests that threaten public peace
Time, place, and manner restrictions on public assembly are to be applied in a content-Blank______ manner.
neutral
Symbolic speech
nonverbal communication such as picketing or wearing an arm band to signify protest
Indecent or offensive speech or expression that is not protected under the First Amendment is known as:
obscenity
What type of speech is unlikely to be limited or prohibited?
political speech
PEN America, an organization that advocates for free speech, found cases of "book banning" in: Multiple choice question.
26 states
The fighting-words doctrine was established in which of the following Supreme Court cases?
Chaplinsky v. New Hampshire
The constitutionally established guarantees that protect opinions and property against arbitrary government interference are known as:
Civil Liberties
reflect positive acts of government for the purpose of protecting individuals against arbitrary or discriminatory actions.
Civil Rights
How does the Supreme Court decide whether a right is protected by the due process clause of the Fourteenth Amendment from impairment by the states?
It uses a formula that asks whether the right is rooted in American tradition and conscience and is essential for liberty.
False written statements about others that harm their reputation are known as___________whereas false verbal statements about others are known as________
Libel, slander
whereas case-by-case consideration of these protections is known as ________________ incorporation.
Selective
the process by which the Supreme Court has gradually applied freedoms that serve some fundamental principle of liberty to the states
Selective incorporation
Before the War for Independence, Great Britain often took measures to Blank______ the press.
Silence
How did the Supreme Court rule in the case of Texas v. Johnson?
The Court ruled that flag burning is symbolic political speech protected under the First Amendment.
Which of the following arguments relate to the controversy surrounding the Second Amendment?
The right to personal safety versus everyone's right to be safe and secure. Gun ownership creates a free and safe society.
Which amendment within the Bill of Rights specifically mentions the right to privacy? Multiple choice question.
There is no direct mention of privacy in the Bill of Rights.
How has the Supreme Court generally interpreted the establishment clause in their rulings over time
There is no set interpretation. The Court has often shifted back and forth in its opinions.
How has the Supreme Court generally interpreted the establishment clause in their rulings over time?
There is no set interpretation. The Court has often shifted back and forth in its opinions.
True or false: The American gun debate stems from a disagreement about how to interpret the language of the Second Amendment.
True
True or false: The Bill of Rights protects freedoms that are essential to the free and effective participation of individuals and groups in the larger community.
True
Which of the following examples of controversial speech would fall under the scrutiny of the imminent lawless action test?
a website operated by a group advocating attacks on American citizens that includes weapons training manuals
The constitutional freedom of religion protects
all nonreligious groups. all religious groups. an individual's free exercise of religion.
Which of the following examples best represents commercial speech that could be restricted if the government has a "substantial" interest in doing so?
an advertisement for a social networking application
Unlike earlier evaluations of speech restriction, the imminent lawless action test requires any government in the United States that seeks to silence speech to show that
risk of harm from the speech is highly likely. harm from the speech is immediate or imminent.
In cases involving Blank______, the Supreme Court has tended to use a standard that is closer to strict separatism. (Choose every correct answer.) Multiple select question.
school curricula prayer in schools
Which of the following is the strictest interpretation of the establishment clause?
separationism
Pure speech
spoken words communicating ideas, opinions, or information
Based on the Court decision in Miller v. California, who is considered vital in determining what is obscene?
the average person
The Supreme Court decision in Schenck v. U.S. established which of the following tests?
the clear and present danger test
In the 1833 case Barron v. Baltimore, the Supreme Court determined that the Fifth Amendment applied to
the federal government only.
Which of the following elements of the government was the Bill of Rights intended to limit?
the national judicial branch the national executive branch the national legislative branch
What has prompted the most recent debates on the best way to obtain a safer nation?
the numerous mass shootings
Since 1992, the Supreme Court has evaluated state abortion laws by using the Blank______ test.
undue burden