Chapter 5 True/False
True/False Blackstone' Commentaries took the position that the press should not be restricted or punished for what it prints.
False
True/False Charles T. Schenck was convicted of planting bombs in key government buildings.
False
True/False Draft laws have only recently made exceptions for conscientious objectors.
False
True/False If a person claims membership in an Indian tribe and argues that he/she should be able to use the drug peyote in religious ceremonies, the Supreme Court will uphold their right to do so.
False
True/False In 1977, the Court upheld the right of leaders in Skokie, Illinois, to ban a group of American Nazis from marching in a street parade.
False
True/False In 1997, the Court upheld a congressional ban on "virtual " child pornography.
False
True/False Justice Holmes' rule for identification of dangerous speech came to be known as the "clear and probable danger test."
False
True/False Nazi swastikas and burning crosses can be banned from public display by state legislatures via "hate crime legislation."
False
True/False Private employers have little freedom to search an employee's desk and files.
False
True/False Recently, the Court declared a school voucher program which especially benefited the poor in Cleveland "unconstitutional."
False
True/False Sedition laws are no longer used today.
False
True/False Thanks to the Supreme Court, Miranda never served time for the rape and kidnapping for which he was originally convicted.
False
True/False The Court upheld a Florida city's ban on animal sacrifices that were being made by members of an Afro-Caribbean religion.
False
True/False The Sedition Act of 1798 entrusted judges to convict persons charged under the Act.
False
True/False The Supreme Court held that the Boy Scouts of America violated federal law when the organization refused to allow homosexuals to be scout leaders.
False
True/False The inevitable debates which accompany a time of war have generally been met with expansion in First Amendment liberties by Congress.
False
True/False The right to bear arms (Second Amendment) has been applied to the states.
False
True/False Under the USA Patriot Act, the government can tap your telephone and use of the Internet without a court order.
False
True/False When legislatures have chosen to restrict freedom of speech, the Supreme Court has had a general tendency to oppose such efforts and defend the First Amendment rights of citizens.
False
True/False When students are in school, they do not have constitutional rights to freedom of speech or expression.
False
True/False he verdict of a military commission can be appealed to a civilian court.
False
True/False After the attacks of 9/11, President Bush proclaimed a national emergency and gave military courts jurisdiction over cases involving non-citizens who were suspected terrorists.
True
True/False If you are arrested, the police can search you and things and places under your immediate control without a warrant.
True
True/False If you sue for libel and it turns out the statements in question were true, you cannot win no matter how badly they have harmed you.
True
True/False In practice, there is no clear line between civil rights and civil liberties.
True
True/False In the Gitlow case, the Supreme Court incorporated the freedom of speech and of the press to the states via the due-process clause of the Fourteenth Amendment.
True
True/False In the United States, it is generally very difficult for public figures to win a libel suit.
True
True/False Initially, the Supreme Court refused to apply the exclusionary rule to the states.
True
True/False Military commissions can operate in secret.
True
True/False More than a few courts have ruled that the president has the inherent authority to conduct warrant-less searches to obtain foreign intelligence information.
True
True/False Most Supreme Court justices do not interpret the words "no law" in the First Amendment to literally mean "no law."
True
True/False None of the convictions under the Sedition Act of 1789 reached the United States Supreme Court by appeal.
True
True/False Nudity and sex are not, by definition, obscenity.
True
True/False The Bush administration has taken the position that members of the alQueda terrorist movement can be tried by military tribunals as "unlawful combatants."
True
True/False The Constitution and the Bill of Rights contain a list of competing rights and duties.
True
True/False The Court has considered nude dancing a form of "speech" or "expression."
True
True/False The Court upheld a statute banning total nude dancing.
True
True/False The House and the Senate have opened with prayer every session since 1789.
True
True/False The House and the Senate passed a law banning flag-burning by huge majorities.
True
True/False The Internal Security Act of 1950 required members of the Communist Party to register with the government.
True
True/False The Supreme Court's first attempt at interpreting the Establishment clause was in 1947.
True
True/False The ban on excessive bail and fines (Eighth Amendment) has not been applied to the states.
True
True/False The conviction of Ernesto A. Miranda was based upon a written confession.
True
True/False The government can place more restrictions on commercial than noncommercial speech.
True
True/False The process whereby the United States Supreme Court applies amendments to the Bill of Rights is known as "incorporation."
True
