GOVT 2305: UNIT 1 Smartbook CH 4

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.

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

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.

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 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

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

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

Fourth

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

Lawrence v. 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.

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

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

Roe v. Wade.

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 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.

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.

The Bill of Rights protects some civil liberties, including freedom

of assembly. of the press. of 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 can be used to check for signs of alcohol intoxication.

True or false: Although it is a core principle for most Americans, the right to privacy is not explicitly mentioned in the Constitution.

True

Which of the following 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 non-religious in nature and the government doesn't favor one religion over another.

accomodationist

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.

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.

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.

In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the

establishment clause.

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 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.

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.

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

oppose

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 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 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

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

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

ban sexual relations between consenting same-sex adults.

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.

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

prior

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.

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

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 Second Amendment protects and supports which of the following?

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

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.

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

cell phones

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

federal only

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 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.

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

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

the federal and state governments

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

What are the religious clauses in the First Amendment?

the free-exercise clause the establishment clause