Chapter Four

Under the compelling interest test, the federal government or a state can limit rights only if the Supreme Court decides that...

-the government has a compelling interest to infringe on a right -the law is narrowly crafted to meet that interest

The Second Amendment right to keep and bear arms has not been incorporated.

False

The potential for the application of the Bill of Rights to the states began with the passage of the __________ Amendment in 1868, which adds several restrictions on what the states can do.

Fourteenth

The amendments that protect the rights of the criminally accused include all of the following EXCEPT the ________ Amendment.

Tenth

Too much order can lead to __________, a state in which the people are not free to make decisions about the private aspects of their lives.

tyranny

Generally, states need only have a(n) __________ to pass laws that also happen to restrict religious practices.

valid secular purpose

Opponents of gun rights believe that the ____________ clause limits the right to own a gun.

well-regulated militia

The Constitution protects the right to...

-trial by jury -freedom of expression -freedom of press -freedom of assembly

______________ believe that as long as the state does not favor one religion over another, it can generally pass laws that support religion.

Accommodationists

In 2014, the U.S. Court of Appeals ordered the Obama administration to release information regarding the execution of

Anwar al Awlaki

In the mid-1960s, __________, the counterintelligence program of the Federal Bureau of Investigation (FBI), infiltrated and disrupted groups that expressed opposition to mainline American policies, including antiwar groups, civil rights groups, left-wing groups, and white supremacy groups.

COINTELPRO

During the McCarthy Era, Congress banned the __________ Party and membership therein, and held hearings investigating individual citizens' political views and personal associations.

Communist

The Bill of Rights placed into law some of the natural or inalienable rights that Thomas Jefferson spoke about in the...

Declaration of Independence

During World War I, Congress passed the __________ Act of 1917, which made it a crime to obstruct military recruiting.

Espionage

Symbolic speech does not enjoy the same protections as verbal or printed speech.

False

In 1971, the Supreme Court created the three-pronged ________ to determine if a law violated the establishment clause.

Lemon test

The Supreme Court developed a three-pronged test called the _________ to determine whether material can be deemed obscene.

Miller test

While the Constitution does not explicitly establish a right to privacy, this right is very popular among the American public, with 98 percent of Americans considering the right essential or important.

True

Too much freedom can lead to__________, a state in which everyone does as he or she chooses without regard to others.

anarchy

In Gideon v. Wainwright, the Court ruled that all criminals were afforded the right to...

counsel

If acquitted by a jury, the _______ clause ensures that the accused cannot be tried for the same crime again.

double jeopardy

Beginning in 1897, the Supreme Court slowly began to use the protection of "life, liberty, or property" in the Fourteenth Amendment's __________ clause to incorporate some of the provisions of the Bill of Rights as binding on the states.

due process

In 2014, the Supreme Court found that the content of a cell phone is ___________ police search.

exempt from

When the Supreme Court upheld the convictions of both Schenck and Debs who each acted against involvement in World War I, the Court noted that...

greater restrictions on speech could be allowed in wartime

If a majority wishes to abridge rights, it often falls to the __________, which is not designed to be responsive to public desires, to protect those rights.

judiciary

The publishing of false and damaging statements about another person is called...

libel

Justice Oliver Wendell Holmes referred to the idea that government should not restrict the expression of ideas because the people are capable of accepting good ideas and rejecting bad ones as the...

marketplace of ideas.

Today, an extraordinary burden of proof of imminent harm is needed before the courts will shut down a newspaper before a story is printed. This is known as...

prior restraint

The Constitutional right inferred by the Court that has been used to protect unlisted rights such as homosexual behavior is known as the...

right to privacy

What process did the Supreme Court settle on to incorporate provisions of the Bill of Rights as binding on the states?

selective incorporation

In Lawrence v. Texas, the court ruled that laws prohibiting ________ were unconstitutional.

sodomy

In the 1960s, the Supreme Court ruled that certain types of nonverbal activities, such as flag burning or students wearing black armbands to school, were protected under the First Amendment as...

symbolic speech

In 2013, Edward Snowden revealed classified documents detailing...

the NSA keeping records of every phone call made in the United States

While the First Amendment protects freedom of speech, it does not mean that one can speak whatever, wherever, and whenever they wish. Government may regulate ________ as long as government is neutral.

the time, place, and manner of speech

During the Civil War, President Lincoln suspended _______________. This allowed southern sympathizers to be tried by military tribunals instead of civilian courts.

the writ of habeas corpus