American Government ch 4 poli science
Which of the following examples best represents commercial speech?
an advertisement for a social networking application
According to the ruling in Barron v. Baltimore, the Bill of Rights
did not apply to state action.
The role of the Bill of Rights is to ______ government power.
limit
The Supreme Court's ruling in District of Columbia v. Heller dramatically changed the meaning of the Second Amendment by
confering to citizens an individual right to possess a firearm for lawful purposes.
Which of the following explains why the Supreme Court tends to link right to privacy cases to other rights that are explicitly established in the Bill of Rights?
controversy over right to privacy issues
True or false: The American gun debate stems from a disagreement about how to interpret the language of the Second Amendment.
True
In the 2002 case Lawrence v. Texas, the Court ruled that the privacy rights associated with sexual activity ______ apply to same-sex couples.
do
What does the Fifth Amendment prohibit?
double jeopardy compelled self-incrimination
Which of the following are needed to limit the government's use of social media in investigations?
legislation to determine when and if a social media organization may deny warrantless requests legislation that mandates the public disclosure of the scope of the government inquiries
To the framers, ______ was the central principle that guided the creation of a new democratic republic.
liberty
According to Citizens United v. Federal Election Commission, laws that restrict corporations from spending money to influence political campaigns are
restraints on the freedom of speech.
Which of the following elements of the government was the Bill of Rights intended to limit?
the national legislative branch the national executive branch the national judicial branch
selective incorporation
the process by which the Supreme Court gradually applied freedoms that served some fundamental principle of liberty to the states
Which of the following are considered Sixth Amendment protections?
the right to counsel the right to a speedy and public trial the right to a trial by jury
In what way is the Bill of Rights applied to the states?
through the due process clause of the Fourteenth Amendment
When it comes to Supreme Court decisions on the right to privacy, rulings are
usually linked to some other explicitly established constitutional right.
According to the Constitution, a reasonable search is one where the police have obtained a(n)
warrant
Which of the following arguments relate to the controversy surrounding the Second Amendment?
Easy access to firearms is a threat to public safety. Gun ownership creates a free and safe society.
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.
How has the Court ruled on abortion rights issues after Roe v. Wade?
The Court has developed a compromise position on abortion rights.
Based on their experiences with the British, what types of government action did the framers of the Constitution seek to protect citizens against?
limitations on speech confiscation of property censorship
The concept based on the belief that authentic discourse depends on free and unrestrained discussion of different points of view is known as the ______ of ideas.
marketplace
total incorporation matches
matches Choice, the theory that the Fourteenth Amendment's due process clause requires states to uphold freedoms guaranteed in the Bill of Rights the theory that the Fourteenth Amendment's due process clause requires states to uphold freedoms guaranteed in the Bill of Rights
Time, place, and manner restrictions on public assembly are to be applied in a content-______ manner.
neutral
Libel and slander receive ______ protection under the First Amendment.
no
In both Near v. Minnesota (1931) and New York Times v. U.S. (1971), the Supreme Court ruled that the government could
not restrict the publication of a specific news story.
Indecent or offensive speech or expression that is not protected under the First Amendment is known as
obscenity.
Those who ______ increased gun control believe that the Second Amendment gives individual citizens the right to bear arms free from excessive control.
oppose
Using the Lemon test, the Court ruled that the Ohio program that gave vouchers to parents to offset the costs of parochial schooling
passed the test, as the purpose of the program was secular rather than religious; the primary beneficiaries were the students.
Which of the following standards are included in the obscenity test defined by the Supreme Court in Miller v. California?
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? Does the work as a whole lack serious literary, artistic, political, or scientific value?
True or false: The American gun debate stems from a disagreement about how to interpret the language of the Second Amendment.
True Reason: Americans disagree about how to interpret the Second Amendment of the Constitution.
True or false: Contentiousness over privacy cases has caused the Supreme Court to pair right to privacy cases with other rights that are well established and more widely accepted.
True Reason: Continuing civic disagreement over privacy issues may help to explain why the Court tends to fall back on rights that are well established and more widely accepted.
In the 1833 case Barron v. Baltimore, the Supreme Court determined that the Fifth Amendment applied to
the federal government only.
In addition to the freedoms of speech and assembly, what other freedom does the First Amendment protect?
the freedom of religion
In Gideon v. Wainwright, the Supreme Court established that
the government must provide lawyers to individuals who cannot afford their own attorney.
What issue is currently at the forefront of public discourse about privacy?
the government's right to use social media in investigations
When does the government tend to attempt to limit the freedoms of speech, assembly, and the press?
during times of national emergency
In the case of Near v. Minnesota, the Supreme Court established a rule against censorship known as
prior restraint.
The right of an individual to be left alone without any interference from others is known as the right to
privacy.
The Fourth, Fifth, Sixth, and Eighth Amendments
provide citizens with guaranteed procedures throughout the criminal justice system.
Which of the following scenarios would most likely qualify as libel or slander?
publicly made defamatory statements with fault
Picketing, flag burning, or wearing an armband are all examples of
symbolic speech.
Which of the following constitutional amendments establish formal rules for conducting a trial?
the Fifth Amendment the Sixth Amendment
Which amendment ensures the right to legal counsel?
the Sixth Amendment
The framers did not initially see the Bill of Rights as applicable to state governments for which reasons?
Most state constitutions included a bill of rights of their own that protected against abuses of state power. Because state governments were closer to the people than the national government, they were less likely to restrict individual freedoms.
True or false: Under the First Amendment, the government may not limit or prohibit any form of political expression.
False Reason: Over time, the Supreme Court has distinguished between political expression that the First Amendment protects and expression that the government may limit or even prohibit.
Which of the following Supreme Court cases first established the doctrine of prior restraint?
Near v. Minnesota
Which of the following about constitutional protections for free speech is accurate?
Some forms of speech can be limited or prohibited by the government.
What did the Supreme Court rule in regard to freedom of speech in the 1925 case Gitlow v. New York?
States were required to protect freedom of speech.
What is one concern in expanding the government's authority during times of national emergency?
Such actions will limit an individual's First Amendment rights.
What case tested the Court's commitment to protecting symbolic speech of a highly unpopular nature by asking it to evaluate a man's conviction under state law for burning an American flag?
Texas v. Johnson
Which of the following would be considered an appropriate description of the Bill of Rights in general?
The Bill of Rights enumerates specific prohibitions that are seen as limiting the actions of others.
True or false: Central to the democratic process is the freedom to speak critically about government and politics.
True
True or false: The constitutional right to privacy has only relatively recently been recognized by the Supreme Court.
True Reason: One reason for the controversial debate over the right to privacy is that it has only recently been recognized by the Supreme Court. Correct Answer True Need help? Review these concept resources.Read About the Concept Feedback
True or false: The Fourth, Fifth, and Sixth Amendments protect individuals against abuses by the state and, in so doing, promote a view of justice that the community widely embraces.
True Reason: The Fourth, Fifth, and Sixth Amendments ensure that those accused of violating community standards are treated fairly by the justice system.
The Second Amendment protects and supports which of the following?
a well-regulated militia the right to keep and bear arms
Which of the following best describes the subject under consideration in Roe v. Wade?
abortion
The constitutional freedom of religion protects
all nonreligious groups. an individual's free exercise of religion. all religious groups.
Which of the following principles are important to the First Amendment freedom of the press?
allowing citizens to hear competing ideas about public issues ensuring that the government remains accountable to its citizens
In McDonald v. Chicago, the Supreme Court expanded its earlier decision in Columbia v. Heller to state that
an individuals' right to bear arms applies also to state and local law.
Which of the following best characterizes the Bill of Rights?
broad principles
What type of protections ensure the government does not arbitrarily infringe upon the freedoms of citizens without adhering to strict legal procedures?
due process
The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as
due process protections.
The religion clauses of the First Amendment do which of the following?
ensure the government does not hinder individuals' exercise of religion bar the government from supporting one religious sect over another bar the government from establishing a national religion
The Bill of Rights initially applied only to which level of government?
federal
Which of the following levels of government does the Bill of Rights apply to today?
federal state
Which of the following are central to the democratic process?
freedom to speak openly about politics freedom to speak openly about the government
State-funded programs, based on the Supreme Court decision in Lemon v. Kurtzman, are unable to withstand scrutiny under the establishment clause if the program
has a significant effect on advancing a religion.
In Gitlow v. New York, the Supreme Court determined that an aspect of the ______ Amendment applied to the states.
First
Why are civil libertarians concerned about the government's collection of data from social networks?
Government collection of data might violate constitutional rights to privacy.
Under which circumstances are Americans more likely to adopt an expansive interpretation of civil liberties?
In times of peace when they don't perceive themselves to be under some external threat.
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.
The Supreme Court determined that privacy rights extend to consensual activity between same-sex partners in
Lawrence v. Texas.
With what aspects of its decisions on obscene speech does the Supreme Court have the most difficulty?
how to define the meaning of obscene
The sharing of contrasting, even radical or loathsome, information is known as the marketplace of
ideas
Which of the following best describes the tensions stemming from debate over the Second Amendment?
individual liberty versus community safety
Why didn't the Federalists think that a bill of rights was necessary?
They saw the Constitution's delegation of national power and protections against an abusive government as a bill of rights itself.
Because of selective incorporation, which of the following statements about the Bill of Rights is true?
Today, most Bill of Rights protections apply to the states.
Constitutionally guaranteed civil liberties exist to protect Americans from
arbitrary government interference against citizens, opinions, and property.
True or false: Every state allows for some form of concealed-carry protection, which allows citizens to have weapons on them or in close proximity.
True
The language in the Bill of Rights has led to
disagreement over its interpretation.
The constitutionally established guarantees that protect opinions and property against arbitrary government interference are known as civil Blank 1 of 2, whereas civil Blank 2 of 2 reflect positive acts of government for the purpose of protecting individuals against arbitrary or discriminatory actions.
Civil liberties Civil Rights
Before the War for Independence, Great Britain often took measures to ______ the press.
silence
Citizens who support gun control laws claim that are seeking a ______ society.
safer
Which of the following scenarios will most likely lead to citizens allowing more government restrictions of civil liberties?
A terrorist group launches attacks against targets on American soil.
Which of the following is true of the Fourteenth Amendment's extension of the Bill of Rights to the states?
According to the Supreme Court, only some of the most important freedoms are applied to the states.
Which faction among the framers was opposed to ratifying the Constitution without first including a written Bill of Rights?
Anti-Federalists
The exercise Blank 1 clause of the First Amendment requires government neutrality toward religious institutions, whereas the establishment Blank 2 clause prohibits the government from taking hostile action toward individuals' practice of their religion.
Blank 1: establishment Blank 2: free
False written statements about others that harm their reputation are known as Blank 1Blank 1 libel , Correct Unavailable, whereas false verbal statements about others are known as Blank 2Blank 2 slander , Correct Unavailable.
Blank 1: libel Blank 2: slander
The fighting-words doctrine was established in which of the following Supreme Court cases?
Chaplinsky v. New Hampshire
Why is freedom of speech important to the democratic process?
Citizens must be able to publicly criticize their government. Citizens must be able to share information and ideas.
Which of the following are considerations of the Lemon test for assessing a government program's relationship with religious institutions?
Does the program have as its principal effect the advancement of religion? Does the program have a secular purpose? Does the program create excessive entanglement between church and state?
What type of speech is unlikely to be limited or prohibited?
political speech
Which of the following approaches to incorporation would consider each Bill of Rights protection individually, on a case-by-case basis?
selective incorporation
What experience influenced the framers to include protections for civil liberties in the Constitution?
the British government's oppressive actions against American colonists
Based on the Court decision in Miller v. California, who is considered vital in determining what is obscene?
the average person
Which of the following did the Court consider when making its decision in Gideon v. Wainwright?
the community's view of fundamental fairness
