ap gov unit 2a

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B

All of the following statements reflect positions the Supreme Court has taken with regard to the right of free speech EXCEPT: A) A restriction on the right of free speech should always be viewed with skepticism. B) There are no acceptable governmental restrictions on free speech. C)Government has an obligation to try to ensure citizens the right to be heard. D) The right to free speech is a fundamental natural right. E) The First Amendments protects free speech from incursions of both the federal and state governments.

B

In McDonald v. Chicago (2010), the United States Supreme Court held that the Constitution protects the right to keep and bear arms for the purpose of self-defense and that the Second Amendment applied to the states through which of the following constitutional clauses? A The due process clause of the Fifth Amendment B The due process clause of the Fourteenth Amendment C The equal protection clause of the Fifth Amendment D The equal protection clause of the Fourteenth Amendment

D

Since 1992, how has concern over the increasingly dangerous world described in the passage most affected American political debates? A It has led to a decline in the power of states to enforce their own state laws. B Congress has increased its role in foreign policy, especially when it comes to combat operations. C There has been a decline in support for the free enterprise system due to the increased number of trade agreements. D The federal government has increased its surveillance powers, leading to a debate about the balance between civil liberties and security.

B

The Supreme Court ruled in McDonald v. Chicago (2010) that a citizen's right to keep and bear arms at home for self-defense is protected from state and federal infringement. Which of the following is most relevant to that decision? A Full faith and credit B Selective incorporation C Equal protection D Eminent domain

C

The free-exercise clause protects A the president from forcibly revealing private conversations with staff B individuals who, for religious reasons, refuse to pay Social Security taxes C voluntary prayer by student groups before school D a person's right to burn the American flag E a person's right to practice polygamy

C

The president privately discusses with his staff a decision to increase economic sanctions on Iran. Before a final decision is made, a draft of the proposal is leaked to a reporter. The president orders the reporter and her newspaper to suspend publication of the plan, citing issues of national and economic security. Which of the following best indicates how a court would rule in this case if the Supreme Court's ruling in New York Times Co. v. United States (1971) was used as a precedent? A The president has the authority to stop the publication of the story because the administration has asserted that the information in the story threatens national security. B Although the documents have already been obtained by the press, a court must review the documents prior to publication to ensure that no information that threatens national security is made public. C Freedom of the press includes a heavy presumption against government censorship, and the documents can be published by the press

C

Which of the following constitutional clauses was most relevant to the right to privacy? A Commerce clause B Free exercise clause C Due process clause D Equal protection clause

Were the confiscated materials protected from seizure by the Fourth Amendment?

consitutional question Mapp v. Ohio

Dollree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. She appealed her conviction on the basis of freedom of expression.

facts of the case Mapp v. Ohio

Mapp did not commit any crimes before she was searched whereas Riley had already had an expired license sticker and suspended drivers' liscencse.

factual differences

The individuals' intitial probable cause for arrest was not the crime they were charged with. Mapp was originally searched for housing a fugitive and was found guilty for having obscene materials. Riley was originally arrested for expired liscense sticker, suspended license, and stolen car, but was charged with murder. Both cases fall under the 4th amendment in the Constitution which protects an individual from unreasonable search and seizure.

factual similarities

D

A group unhappy with local law enforcement distributes a memo to members encouraging physical confrontations with police officers. The leaders of the group are promptly arrested. Which of the following Supreme Court cases best justifies the actions taken by law enforcement in this scenario? A Tinker v. Des Moines Independent Community School District (1969) B Engel v. Vitale (1962) C New York Times v. United States (1971) D Schenck v. United States (1919)

C

An investigative reporter uncovers illegal and unethical behavior on the part of a state government official. When the local newspaper announces that it will publish the story, the state government issues an injunction to stop the story from being released before being reviewed by government lawyers. Which of the following best represents how the court will most likely respond to the case? A The newspaper will be required to delay publication until after the lawyers review the materials. B The newspaper will publish the story but face a libel lawsuit if the information contained is embarrassing to the government. C The newspapers will be permitted to publish the story without a review by the government's lawyers. D The newspapers will not be permitted to publish the story if the government objects.

C

The Washington Post receives a top secret report that details how the executive branch mishandled a deal made with a foreign nation regarding nuclear weapons. The executive branch attempts to stop the publishing of the report, but the publishers cite the precedent in New York Times Company v. United States (1971) establishing which of the following legal rules? A The application of strict scrutiny B The exclusionary rule for evidence C The heavy presumption against prior restraint D Time, place, and manner restrictions

C

The establishment clause in the First Amendment does which of the following? A Guarantees freedom of speech to all citizens. B Prevents prior restraint of the press. C Prohibits the setting up of a state church. D Defines the concept of dual citizenship. E Allows citizens to enter freely into contracts with other citizens.

B

Which of the following amendments to the Constitution most likely provides the basis for a driver to challenge the constitutionality of police use of sobriety checkpoints in enforcing drunk driving laws? A The First Amendment right to petition the government for a redress of grievances B The Fourth Amendment protection against unreasonable search and seizure C The Fifth Amendment protection against self-incrimination D The Eighth Amendment protection against cruel and unusual punishment E The Tenth Amendment right of states to powers not given to the national government

B

Which of the following best defines civil liberties? A The freedom to refuse to obey laws an individual considers to be immoral violations of civil rights B Provisions in the Bill of Rights that provide guarantees against arbitrary interference by government C Precedents pertaining to criminal procedure that are set by the Supreme Court that are upheld in the lower courts D Those features of the Fourteenth and Fifteenth Amendments to the Constitution that pertain to the actions of individuals and groups E Laws passed by Congress to define the powers and privileges of individuals

C

Which of the following illustrates a situation that would not be protected by the First Amendment due to time, place, and manner restrictions? A A student is expelled from school for wearing a black T-shirt expressing opposition to a law recently passed by the state legislature. B An organization regarded as a hate group is not able to obtain a permit to march through a major city because of its message. C Antibusiness protestors are arrested and prosecuted for shutting down major intersections in New York City's Times Square during rush hour. D An independent political advocacy organization is prevented by the Federal Communications Commission (FCC) from running political advertisements on television.

B

Which of the following is a principle underlying the Bill of Rights? A The people should control all aspects of governance. B Some rights are fundamental and should not be subject to majoritarian control. C The legislature should be the most powerful branch of government. D All people should be guaranteed the same rights, whether they are citizens or not. E It is groups rather than individuals that have fundamental rights and immunities.

D

Which of the following is one of the central concerns of the First Amendment? A The supremacy of the national over the state governments B The right of citizens to bear arms C The division of powers among the three branches of government D The right of citizens to petition the government for redress of grievances E The protection of the rights of those accused of committing a crime

B

Which of the following provisions of the Bill of Rights could support the actions that César Chávez is encouraging the farmworkers to take? A The right to fair trial B The right to assemble C The right to bear arms D The right to an attorney

A

Which of the following statements best describes how United States citizens regard the rights of free speech and assembly? A A majority agrees in principle with these rights, but in practice many people are often intolerant of views they do not support. B A majority actively supports these rights without any reservations. C A majority opposes these rights in principle. D The average citizen is more supportive of these rights than are members of the elite. E Conservatives have traditionally been more supportive of these rights than have liberals.

C

Which of the following statements is true regarding the right to privacy? A The right to privacy has not been the topic of Supreme Court cases. B The right to privacy is explicitly named in the Bill of Rights. C The right to privacy is not explicitly named in the Constitution. D The right to privacy has been acknowledged as a core American value.

A

Which of the following would be considered an instance in which time, place, and manner restrictions would be applied to the First Amendment? A A city enforces its laws restricting noise to limit the scale of an outdoor concert event intended to raise public awareness of climate change. B A group with offensive signs is denied a permit to march through the streets because local residents and businesses oppose the group's message. C A person is arrested after making a threat to police officers who are investigating a crime scene. D A newspaper publishes an article that publicly defames the reputation of a private individual.

Was the evidence admitted at trial from Riley's cell phone discovered through a search that violated his Fourth Amendment right to be free from unreasonable searches?

constitutional question Riley


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