POLS CH 4

which of the following statements are true concerning the supreme courts decisions involving symbolic speech?

- the Supreme Court has protected symbolic speech nearly as vigorously as actual speech - the Supreme Court has ruled that burning the American flag is a protected form of symbolic speech

from the late 1950s to 2010, how many Americans have been convicted solely for criticizing the governments war policies?

0

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

Lawrence v texas

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

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

which of the following Supreme Court cases was also known as the "pentagon papers" case?

New York times co. v united states

T or F: although it is a core principle for most Americans, the right to privacy is not explicitly mentioned the constitution

TRUE

the law passed by congress, soon after the 9/11 attacks, that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the

USA patriot act

the importance of listing individual rights in the constitution is that it gives individuals who feel that their rights have been violated

a basis for taking alleged violation into a court of law for a ruling by a judge

which of the following best describes the subject under consideration in roe v wade?

abortion

the 8th amendment protects

against cruel and unusual punishment

the eighth amendment protects

against cruel and unusual punishment

in the case of korematsu v United States, the courts

allowed government polices during wartime that would not be allowed in times of peace

constitutional guarantees that protect citizens from arbitrary government action are known as

civil liberties

according to this test, before speech can be restricted, the government must clearly demonstrate that a citizens expression presents a very obvious and real danger to the public safety

clear and present danger

In 2016, the Supreme Court ruled that police ________ use an outstanding warrant for another offense as an excuse to apprehend a suspect for another unrelated offense

could

the exclusionary rule restricts the ability of

courts to admit illegally obtained evidence during a trial

in which case did the Supreme Court rule that the second amendment protects an individuals right to possess a firearm unconnected to service in a militia?

district of Columbia v heller

the legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as ____ process protections

due

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 _____ clause of the first amendment requires government neutrality toward religious institutions, whereas the ______-______ clause prohibits the government from interfering with individuals practice of their religion

establishment ; free-exercise

in engle v vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the

establishment clause

freedom of ____ is the right of individual Americans to hold and communicate thoughts of their choosing

expression

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

dejonge v oregon

freedom of assembly

near v minnesota

freedom of press

Hamilton v regents, U of C

freedom of religion

gitlow v new york

freedom of speech

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 state

gitlow v New York

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

since 1990 the number of federal and state prisoners in the United States has

increased sharply

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

which group is typically more protective of individual rights?

judges

which of these groups is typically more protective of individual rights?

judges

the Supreme Court upheld the forced relocation of tens of thousands of Japanese Americans during world war II in which of the following cases?

korematsu v united states

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 individuals rights are known as civil

liberties

the sedition act of 1798

made is a crime to publish stories that were harshly critical of the president

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

neither libel or slander is protected by the first amendment

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

those who ____ increased gun control believe that the second amendment gives individual citizens the right to bear arms free from excessive control

oppose

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

prior

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

law enforcement officials sometimes controversially rely on the practice of ________ ________, the assumption that certain groups of people are more likely to commit particular crimes

racial profiling

the plain view exception

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

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

second amendment

in mapp v. Ohio, the Supreme Court extended the constitutional protection against unreasonable search and seizure to action by ________ government

state

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 acts of legislation gave government increased authority to examine medical, financial, and student records and increased surveillance of communications without a warrant of court order?

the USA PATRIOT act

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 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

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 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 US constitution protects

the right of the people to keep and bear arms

which of the following are fifth amendment rights of the accused?

to a trial by jury

the Supreme Court consistently ruled that George w bush administrations practice of denying constitutional and legal protections to enemy combatants was

under the jurisdiction of the United States courts

the second amendment protects and supports which of the following?

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

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 following the 8th amendment, the Supreme Court has used which of the following tests to determine if an action constitutes cruel and unusual punishment?

- determining if a punishment violates "fundamental standards of good conscience and fairness" - determining if a punishment is "unnecessarily cruel" - determining whether a punishment is "disproportionate to the offense"

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 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 beliefs of their choosing - is part of the first amendment

which of the following are considered civil liberties?

- right to a fair trial - freedom of speech - freedom of religion

T or F: according to the Supreme Court, police can search a persons home merely on the basis of a hunch that the owner might be breaking the law

FALSE

T or F: in a 1992 case 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

based on the exclusionary rule, evidence that is illegally obtained can normally be used in a trial

FALSE

free speech is usually protected in the United States unless it

- presents a clear and present danger to others - involves false commercial advertising claims - leads to imminent and lawless action

the bill of rights protects some civil liberties, including freedom

- speech - of the press - of assembly

the inevitable discovery exception

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

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

which amendments contribute to ensuring criminal due process?

- sixth amendment - eight amendment - fifth amendment - fourth amendment

the Supreme Court decision in schenck v United States established which principle?

- that the federal government can restrict free expression but that it does not have unlimited authority to do so

since the 1950s, what has been the governments 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 - not a single individual has been convicted solely for criticizing the governments war policies - the Supreme Court has ruled that the national security must truly be at risk before the government can limit speech

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

which of the following constitutional protections were at issue in the Supreme Court decision in mirada v Arizona?

- the right to an attorney - the right to remain silent

which of the following constitutional protections were at issue in the Supreme Court decision in miranda v arizona

- the right to remain silent - the right to an attorney

why was the national security agency wiretapping of phone calls and email messages originating in the United States, first revealed by 'the New York times' in 2005, controversial?

- the wiretapping was specifically prohibited by the foreign intelligence surveillance act of 1978 - the wiretapping had been authorized by president George w bush without approval form the courts

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 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