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