American Government Chapter 4 Civil Liberties Connect Questions
Rank the following supreme court standards for restricting speech from the oldest to the newest (current) test.
1. The clear and present danger test 2. bad tendency test 3. clear and probable danger test 4. imminent lawless action test
True or False: Most Americans believe the United States should establish a national religion
False
Match the Supreme Court case considering free speech with its decision. 1. Tinker v. Des Moines 2. U.S. v. O'Brien
1. Vietnam war protesters could wear black arm bands to school illustrating their political beliefs 2. Vietnam war protests were prevented from destroying their draft cards because government has a compelling interest that overrode this specific protest.
Match the three interpretations of the establishment clause with their meaning. 1. separation: 2. neutrality: 3. accommodation:
1. the establishment clause does not allow for any support of religious sects. 2. The establishment clause allows the government to provide non-biased support toward all religious groups 3. the establishment clause allows the government to support any religious group as long as it does not rise to the level of an official religion.
Match the Supreme Court regarding the restriction of free speech to its date and definition. 1. the clear and present danger test 2. the bad tendency test 3. the clear and probable danger test
1. the government can restrict any speech that poses a threat that the government has the ability to prevent. 2. the government can restrict any speech that has the potential to incite crime or threaten the peace. 3. the government can restrict any speech to avoid a threat of grave danger, like an armed takeover of the United States
Match the Supreme Court case to its subsequent ruling. 1. Near v. Minnesota 2. New York Times v, U.S.
1. the government could not restrict the publication of a news story accusing the jews of a variety of crimes 2. the government could not restrict the publication of documents containing information about the Vietnam War that could contribute to an ongoing political debate.
match the term to its appropriate definition. 1. total incorporation 2. selective incorporation
1. the theory that the Fourteenth Amendment's due process clause requires states to uphold freedoms guaranteed in the Bill of Rights 2. the process by which the Supreme Court gradually applied freedoms that served some fundamental principle of liberty to the states.
The Supreme Court reverted back to the clear and present danger test during the...
1930s
What is prior restraint?
A government attempt to censor material of which it does not approve.
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 best describes the subject under consideration in Roe v. Wade?
Abortion.
Which of the following elements found in the US Constitution enunciates individual liberties?
Bill of Rights
Freedom of speech, of assembly, and of the press are civil liberties guaranteed in which document?
Bill of rights
The imminent lawless action test is also called the
Brandenburg test, incitement test
True democracy ___ when the government controls the press.
Cannot survive
The fighting-words doctrine was established in which of the following Supreme Court cases?
Chaplinsky v. New Hampshire
The freedoms of religion, privacy, and criminal due process encourage which of the following types of engagement?
Community engagement
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 create excessive entanglement between church and state? Does the program have a secular purpose?
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
Which term refers to the legal safeguards that prevent the government from arbitrarily depriving citizens of their rights guaranteed by the Fifth and Fourteenth Amendments?
Due process
True or False: Freedom of speech includes spoken or written language but not symbolic actions such as picketing or wearing an armband to signify a protest.
False
Which of the following constitutional amendments establish formal rules for conducting a trial?
Fifth and Sixth Amendments
In Gitlow v. New York, the Supreme Court determined that an aspect of the ___ Amendment applied to the states.
First
the First Amendment freedoms that support civic discourse include which of the following freedoms?
Freedoms of speech, press, assembly
The standard currently used to determine whether speech is protected from government interference is the
Imminent lawless action test
Why has the Supreme Court placed restrictions upon the freedom to assemble?
In order to preserve order and public safety
Why was the Supreme Court decision in the 1833 case Barron v. Baltimore significant to the interpretation of the Bill of Rights?
It determined that the Fifth Amendment only applied to actions of the federal government.
The constitutionally established guarantees that protect opinions and property against arbitrary government interference are known as civil ____, whereas civil ___ reflect positives acts of government for the purpose of protecting individuals against arbitrary or discriminatory actions.
Liberties, rights
The framers did not initially see the Bill of Rights as applicable to state governments for which reason(s)?
Most state constitutions included a bill of rights of their own that protected the abuses of state power because state governments were closer to the people than the national government they were less likely to restrict individual freedoms.
What type of speech is unlikely to be limited or prohibited?
Political speech
According to the establishment clause, the government is required to
Remain neutral toward all religious institutions.
Which of the following levels of government does the Bill of Rights apply to today?
State and Federal
What did the Supreme Court decide in the 1925 case Gitlow v. New York?
States were required to protect freedom of speech as a fundamental liberty
Historically, in times of perceived internal and external threats, the Supreme Court has been more willing to ___ political speech.
Suppress
What concerns did the Anti-Federalists have in ratifying the U.S. Constitution?
The Constitution did not provide enough protections for citizens against an abusive government.
Which of the following amendments contribute to ensuring criminal due process?
The Fourth, fifth, sixth, and eighth
What are the religious clauses in the First Amendment?
The establishment clause and the free exercise clause
Which of the following Fifth Amendment protections, if any, have not been incorporated as a protection by the Supreme Court?
The requirement to house and quarter soldiers.
Which of the following are considered Sixth Amendment protections?
The right to counsel, the right to a trial by jury, the right to a speedy and public trial.
True or False: The Bill or Rights protects freedoms that are essential to the free and effective participation of individuals and groups in the larger community.
True
True or False: in the case of Burwell v. Hobby Lobby (2014), the Supreme Court ruled that requiring Christian companies to provide contraception coverage to employees burdened religious liberty, only when the companies where "closely held"
True
The Eighth Amendment protects
against cruel and unusual punishment
What does the vague language included in the Bill of Rights allow?
broad interpretation
The Supreme Court has been more willing to allow the government ti impose constraints on __ media.
broadcast
Based on the exclusionary rule, evidence that is illegally obtained ___ be used in a trial.
cannot
Which of the following subjects has the Court considered as within one's rights of privacy?
choice of sexual partners, physician-assisted suicide, termination of medical treatment.
In the Supreme Court decision in Schenck v. US established which of the following tests?
clear and present danger
An advertising statement is know as...
commercial speech.
What does the Fifth Amendment prohibit?
compelled self-incrimination and double jeopardy.
Opponents of intelligent design claim that the theory is another form of _.
creationism.
Which constitutional rights safeguard those accused of crimes and constrain government investigations, trials, and punishments?
criminal due process rights
In the 2002 case Lawrence v. Texas, the Court ruled that the privacy rights associated with sexual activity ___ apply to same-sex couples.
do
Which of the following 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 misconduct specifically prohibited by anti-obscenity laws? does the work as a whole lack serious literary, artistic, political, or scientific value?
the act of being tried again for the same crime after being cleared of it in court is known as ___ jeopardy.
double
the First Amendment clause which prohibits the government from passing any laws that establish an official religion is known as the ___ clause.
establishment clause
Over time the Supreme Court has distinguished between which two types of political expression?
expression that the First Amendment protects, and expression that the government limits or even prohibits.
The Supreme Court ruled that the Constitution protects two types of freedom of association, including ____ associations through which Americans form associations with others and practice their First Amendment freedoms.
expressive
The Supreme court ruled that the Constitution protects two types of freedom of association, including ____ associations through which Americans form associations with others and practice their First Amendment freedoms.
expressive
The First Amendment clause barring the government from passing any laws that prohibit an individual's practice of his or her religion is known as the ____ ____ clause.
free exercise
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 ___ clause.
free practice
What two values are in conflict because of the liberties ensured by the Bill of Rights?
freedom and order
In addition to the freedoms of speech and assembly, what other freedom does the First Amendment protect?
freedom of religion
Which of the following are central to the democratic process?
freedom to speak openly about the government and freedom to speak openly about politics.
An ancient right that protects an individual is custody from being held without the right to be heard in a court of law is known as _.
habeas corpus
The sharing of contrasting, even radical or loathsome, information is known as the marketplace of...
ideas.
Based on present day interpretations of the Eighth Amendment, executions that are carried out must be done so...
in the most humane and least painful manner
Which of the following best describes he tensions stemming from debate over the Second Amendment?
individual liberty versus community safety
restricted speech know as fighting words does which of the following?
inflicts injury or results in public disorder
American civil liberties are protected by the federal ___ system.
legal
False written statements about others that harm their reputation are known as ___ whereas false verbal statements about others are known as ___.
libel; slander
Constitutional guarantees that protect citizens, opinions, and property are known as civil ___.
liberites.
The bad tendency test is considered ___ the clear and present danger test.
more restrictive than
Indecent or offensive speech or expression that is not protected under the First Amendment is known as ___.
obscenity.
indecent or offensive speech or expression that is not protected under the First Amendment is known as __.
obscenity.
which of the following options represents a case involving the free exercise of religion?
polygamy
The right of the individual to be left alone to make decisions freely is known as the right to ___.
privacy
The First Amendment protects both ___ speech, such as delivering a political speech, and __ speech, such as burning the American flag.
pure; symbolic
Which of the following, according to the Supreme Court, is considered of strictest importance in determining what constitutes a reasonable search?
requirement of a warrant.
Citizens engaged in the debate over gun control are seeking a ___ nation.
safer
In Mapp v. Ohio, the Supreme Court extended the exclusionary rule to ___ court proceedings.
state
Nonverbal speech that is expressed through actions such as picketing or wearing an armband to signify a protest is known as ___ speech.
symbolic
What experience influenced the framers to include protections for civil liberties in the constitutions?
the British government's oppressive actions against American colonists.
Why did the Supreme Court suspend the death penalty in the 1972 case Furman v. Georgia?
the application of the death penalty was arbitrary and discriminatory and thus was incompatible with the standards in contemporary society.
Cases like involve Jehovah's Witnesses, who practice a less mainstream religion, are more likely to involve which of the following religious clauses?
the free exercise clause
Which of the following elements of the government was the Bill of Rights intended to limit?
the legislative brand, the judiciary branch, the executive branch.
Which of the following are established protections according to Miranda v. Arizona?
the right to an attorney and the right to remain silent
The Second amendment protects and supports which of the following?
the right to keep and bear arms and the right to a well-regulated militia.
What was the purpose of the Selective Service Act?
to facilitate the military draft
In Reno v. ACLU, the Supreme Court ruled that the internet was like...
was like print media and provided cheap and unlimited access to democratic issues.
