POLS ch.4 (midterm 2)

Which of the following is NOT protected by the First Amendment?

freedom of bearing arms

The individual right that is the most basic of democratic rights is

freedom of expression.

Gideon v. Wainwright required the states to

furnish attorneys for poor defendants in felony cases.

In the case of McNabb v. United States, Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether

governments had observed procedural guarantees.

The USA Patriot Act

grants the government new powers of surveillance. increased the capacity of the federal government to combat terrorism domestically. allowed the creation of a phone records-gathering program by the NSA. was enacted in response to the terrorist attacks of September 11, 2001.

The Supreme Court

has generally protected symbolic speech almost as substantially as it has protected verbal speech.

In its 1969 Brandenburg v. Ohio ruling, the Supreme Court established the ________ test.

imminent lawless action

In 1987 the Supreme Court ruled that creationism

is a religious doctrine, not a scientific theory.

Like all other rights, the right of free expression is

not absolute.

The conviction of members of the U.S. Communist Party in the early 1950s was initially upheld as a lawful restriction of the right

of free speech.

What was the main conclusion of the Supreme Court's 2008 decision in District of Columbia v. Heller and 2010 decision in McDonald v. Chicago?

Citizens are allowed to own guns for legitimate purposes, such as for protecting the home.

The Supreme Court's position on prior restraint of the press is that

prior restraint should occur only under very compelling circumstances, and it is better to hold the press responsible for what it has printed than to restrict what it may print.

Gideon v. Wainwright is to the Sixth Amendment as Mapp v. Ohio is to the

Fourth Amendment.

Justice Holmes's clear-and-present-danger test holds that government can

restrict speech that threatens national security.

The inclusion of certain provisions of the Bill of Rights through the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called

selective incorporation.

Which state has the highest incarceration rate?

Louisiana

The Fourth Amendment protects Americans from

unreasonable searches.

In its 2011 Snyder v. Phelps ruling, the Supreme Court held that Westboro Baptist Church protests at military funerals

were a constitutionally protected form of free speech.

Government can lawfully prevent a political rally from taking place

when it can demonstrate that harmful acts will necessarily result from the rally.

Libel applies to defamation of an individual's reputation through the

written word.

Spoken words that are known to be false and harmful to a person's reputation are an example of

slander

The Supreme Court has reasoned that a right of privacy is provided by

the implication of the right to privacy by the freedoms in the Bill of Rights.

Which of the following, relative to the others, is typically more protective of individual rights?

the judiciary

The freedoms of speech, press, assembly, and religion are found in

the First Amendment.

According to the Supreme Court, what is the status of prayer in the public schools?

State-supported prayers are not allowed in public schools.

In Schenck v. United States (1919), the Supreme Court ruled that

speech could be restricted when the nation's security is at stake.

In deciding two 2014 cases involving the legality of searching a suspect's cell phone, the Supreme Court ruled that

the cell phone cannot be searched in most circumstances without a warrant.

In Bowers v. Hardwick (1986), the Supreme Court justices determined that

the right to privacy does not include homosexual acts.

School prayer in the public schools was ruled unconstitutional in

Engel v. Vitale (1962).

Which constitutional amendment protects the individual against self-incrimination?

Fifth

Which of the following amendments contains a due process clause?

Fourteenth

In the Constitution, procedural due process is protected in various ways by the

Fourth, fifth, sixth, eight.

"You have the right to remain silent....Anything you say can and will be used against you in a court of law....You have the right to an attorney." This is called the

Miranda warning.

The Miranda warning was strengthened by the Supreme Court in 2004 in

Missouri v. Siebert.

According to the Supreme Court, which is true regarding freedom of assembly?

Public officials can regulate the time, place, and conditions of public assembly, provided the regulations are reasonable.

The right to privacy was instrumental in which decision?

Roe v. Wade

Which of the following countries comes closest to the United States in terms of the percentage of its citizens who are behind bars?

Russia

The right to an attorney is guaranteed by the ________ Amendment.

Sixth

Which of the following is true about the Sedition Act of 1798?

The Act prohibited malicious newspaper stories about the president.

Which of the following is true of the appeal process?

The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.

How did the Supreme Court's position on the rights of the criminally accused in state courts change in the 1960s?

The Supreme Court began to protect the rights of the accused from action by the states.

According to the Supreme Court, prayer in public schools violates

the establishment clause.

According to Freedom House, which of the following countries has the highest degree of freedom?

United States

According to the Supreme Court, prior restraint on the press is only acceptable if

the government can clearly justify the restriction.

What is the greatest restriction on appeals in the United States?

a federal law that bars in most instances a second federal appeal by a prisoner

The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by

actions of state and local governments.

When can police legally begin their interrogation of a suspect?

after the suspect has been warned that his or her words can be used as evidence

In Planned Parenthood v. Casey (1992), the justices

allowed a restriction on abortion services as long as it did not cause an "undue burden" on the woman.

What Illinois policy did the Supreme Court invalidate with its decision in Witherspoon v. Illinois (1968)?

allowing the prosecution an unlimited number of challenges in capital cases

The inevitable discovery exception

allows the use of normally inadmissible evidence that would have been discovered by other means or through other forms of evidence.

The term civil liberties refers to specific individual rights that

are constitutionally protected from infringement by government.

The Edward Snowden leaks about the NSA surveillance program

brought changes in how Americans' phone data was stored for NSA retrieval.

In the Johnson flag-burning case, the Supreme Court ruled that flag burning

cannot be prohibited even though it may be offensive.

If a person yells "Fire!" in a crowded theater when there is no fire, and people are hurt in the ensuing panic, that individual has abused his or her freedom of speech, according to the doctrine of

clear and present danger.

In the 2014 case of Burwell v. Hobby Lobby Stores, the Supreme Court ruled that

companies with only a few owners can refuse, on religious grounds, to include contraceptives in employees' health coverage.

In Mapp v. Ohio, the selective incorporation process was extended to include

criminal proceedings in the states.

In a 2004 case involving the issue of whether a U.S. citizen accused of terrorist acts is entitled to constitutional protections, the Supreme Court held that such citizens

do have the right to challenge their own detentions in court.

The Lemon test is designed to

ensure the secular nature of a government action or policy.

The exclusionary rule states that

evidence obtained illegally is inadmissible in court.

The establishment clause prohibits government from

favoring one religion over another or supporting religion over no religion.