Government ch 4

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

False

Griswold v. Connecticut was a case dealing with

the right to privacy.

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

The Eighth Amendment protects

against cruel and unusual punishment

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

the right to bear arms

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

0

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.

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

abortion

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

the federal and state governments

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

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 the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?

the imminent lawless action test

The Second Amendment of the U.S. Constitution protects

the right of the people to keep and bear arms.

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

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 free-exercise clause

has been interpreted to mean Americans can hold any religious belief of their choosing. 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.

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.

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

imposing.

What are the religious clauses in the First Amendment?

the establishment clause the free-exercise clause

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

second amendment

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?

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, 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

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

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.

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

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.

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 good faith exception inevitable discovery exception

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.

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 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.

According to the establishment clause, the government is required to

remain neutral toward all religions.

Which of the following are considered civil liberties?

right to a fair trial freedom of speech freedom of religion

The plain view exception

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

The 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.

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

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

speech

In Mapp v. Ohio, the Supreme Court extended the constitutional protection against unreasonable search and seizure to action by Input Field 1 of 1 federal unavailable incorrect _____ government.

state

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

state

The inevitable discovery exception

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

In 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

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

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

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

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

Freedom of the press receives strong judicial protection.

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

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.

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

Lemon

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

Which of the following statements about slander and libel is true?

Neither libel nor slander is protected by the First Amendment.

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

New York Times Co. v. United States

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

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

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.

The right to legal counsel is a ______ Amendment protection.

Sixth

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

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

Texas's sodomy laws

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.

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.

In order for police roadblocks to check drivers to be legal, they must conform to which of the following?

They can be used to check for signs of alcohol intoxication. They must be systematic and not arbitrary.

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

The Second Amendment protects and supports which of the following?

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

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

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.

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

The exclusionary rule restricts the ability of

courts to admit illegally obtained evidence during a trial.

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.

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 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.

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 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.

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.

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

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

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 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

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 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