by the people ch 4

"You have the right to remain silent" is the first of four _____ warnings. a. Miranda b. Mapp c. Lawrence d. Brandenburg

a

A judicial _____ is a guiding principle that helps governments make judgment calls. a. standard b. rule c. opinion d. regulation

a

A/An _____ jury is one that does not decide on guilt or innocence but only on whether there is enough evidence for the case to go to trial. a. grand b. arraignment c. inquest d. petite

a

According to the text, we always weigh the rights of individuals against the concerns and _____ of the community. a. safety b. feelings c. property d. overall well-being

a

In 2003, the Supreme Court extended the right of privacy to same-sex couples by striking down _____. a. anti-sodomy laws b. legislation that would prevent same-sex marriages c. California's Proposition 8 d. laws discriminating against the LGBTQ

a

In the test set forth in _____, the Court established three prongs that must be met: the law must have a secular purpose; its principal effect must neither advance nor inhibit religion; and it must not excessively entangle government in religion. a. Lemon v. Kurtzman b. Engel v. Vitale c. Employment Division v. Smith d. Sherbert v. Verner

a

President _____ wrote that the First Amendment builds a "wall of separation between church and state." a. Jefferson b. Washington c. Adams d. Lincoln

a

Prior _____ is defined as the legal effort to stop speech before it occurs—in effect, censorship. a. restraint b. preemption c. discretion d. restriction

a

Symbolic expression is an act, rather than actual speech, used to demonstrate a _____. a. point of view b. threat c. conviction d. likelihood

a

The Alien and Sedition Acts relate to freedom of/from _____. a. speech b. religion c. unreasonable search and seizure d. quartering of troops

a

The Court's ruling in _____ brought forth the exclusionary rule. a. Mapp v. Ohio b. Miranda v. Arizona c. Lawrence v. Texas d. Roe v. Wade

a

The Fourteenth Amendment is known as the _____ clause. a. equal protection b. clear and present danger c. free-exercise d. necessary and proper

a

The Supreme Court created a rule in _____: Students' right to free speech can be curtailed only if it "materially and substantially interferes with the requirements of appropriate discipline in the operation of the school." a. Tinker b. Mapp c. Brandenburg d. Schenck

a

The Supreme Court introduced a two-part test, known as the _____ test (or balancing test) to determine whether the government was violating an individual's "free exercise" of religion. a. Lemon b. Engel c. Smith d. Sherber

a

The Supreme Court ruled in Barron v. Baltimore (1833) that the protections afforded by the Bill of Rights did not apply to the _____ government(s). a. state b. federal c. state and federal d. state and local

a

The Supreme Court ruled that the right to privacy is "broad enough to encompass a woman's decision whether or not to terminate her pregnancy" _____. a. within the first trimester b. within the first six months c. at any time d. with the father's consent

a

The _____ Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." a. First b. Fourth c. Fifth d. Seventh

a

The long battle for _____ led to more robust _____ for everyone. a. civil rights; civil liberties b. civil liberties; civil rights c. civil rights; human rights d. civil liberties; liberty

a

The right to bear arms is found in the _____ Amendment. a. Second b. Third c. Fifth d. Seventh

a

_____ granted married women the right to use contraceptives. a. Griswold v. Connecticut b. Roe v. Wade c. Planned Parenthood v. Casey d. Powell v. Alabama

a

) _____ is/are defined as written untruths or falsehoods that, with the exception of public officials, are not protected under free speech. a. Slander b. Libel c. Both libel and slander d. Yellow journalism

b

A citizen's right to a grand jury before trial is found in the _____ Amendment. a. Fourth b. Fifth c. Seventh d. Ninth

b

A judicial _____ is a hard-and-fast boundary between what is lawful and what is not. a. standard b. rule c. opinion d. regulation

b

In Brandenburg v. Ohio (1969), the Court rewrote the _____ test: The state may not interfere with speech unless the speech "incites imminent lawless action" and is likely to "produce such action." a. definite danger b. clear and present danger c. precise and absolute danger d. riot-inducing threat

b

In ______ (1973), the Supreme Court drew on the right to privacy and struck down a Texas law banning abortion. a. Griswold v. Connecticut b. Roe v. Wade c. Planned Parenthood v. Casey d. Lawrence v. Texas

b

Speech is not protected if it poses a "_____ that will lead to 'substantive evils.'" a. definite danger b. clear and present danger c. precise and absolute danger d. riot-inducing threat

b

The Supreme Court ruled in _____ that New York's practice of starting the school day with a nondenominational prayer violated the Establishment Clause. a. Lemon v. Kurtzman b. Engel v. Vitale c. Employment Division v. Smith d. Sherbert v. Verner

b

The _____ Amendment relates to the rights of individuals at trial. a. Fourth b. Fifth c. Seventh d. Ninth

b

The _____ is often criticized for trampling individual civil liberties in the name of enhancing national security. a. U.S.A ARMOR Act b. U.S.A Patriot Act c. U.S.A DOD Act d. NSA Act

b

The _____—literally, the shadows—of the First Amendment create "zones of privacy" in which people have a right to make their own choices free from government interference. a. traces b. penumbras c. remnants d. contours

b

The right to privacy has been acknowledged and defined in _____. a. federal rules in the Federal Register b. Supreme Court cases c. the U.S. Constitution d. the U.S. Bill of Rights

b

_____ is the Court-created doctrine that permits restrictions of free speech if officials believe that the speech will lead to prohibited action like violence or terrorism. a. Definite danger b. Clear and present danger c. Precise and absolute danger d. Riot-inducing threat

b

_____ require government action to secure individual rights. a. Civil liberties b. Civil rights c. Privacy rights d. Human rights

b

_____ restrict government action to protect individual rights. a. Civil rights b. Civil liberties c. Privacy rights d. Human rights

b

Former football star O. J. Simpson was acquitted of murdering his wife and her companion, only to lose a civil judgment for damages to the victims' families; since these were separate proceedings, they did not violate the Fifth Amendment's _____ principle. a. multiple peril b. redundant charges c. double jeopardy d. multiple counts

c

Freedom of speech holds a _____ position among all the amendments to the Constitution. a. deferential b. subsidiary c. preferred d. secondary

c

In 1990, the Supreme Court in _____ replaced the Sherbert test with a neutrality test to determine whether the government was violating an individual's "free exercise" of religion. a. Lemon v. Kurtzman b. Engel v. Vitale c. Employment Division v. Smith d. Sherbert v. Verner

c

In 2010, in _____, the Supreme Court finally incorporated the Second Amendment to apply to state and local governments. a. Michigan v. Arnold b. DC v. Heller c. McDonald v. Chicago d. Mapp v. Ohio

c

In_____, the Supreme Court formally declared its principle for deciding which rights to incorporate: Is the right in question essential to our idea of liberty? a. 1926 b. 1931 c. 1937 d. 1942

c

One must meet _____ prongs for speech to be declared obscene. a. one b. two c. three d. none

c

The Bill of Rights barely touched American life because it only applied to_____. a. state governments b. the Congress c. the federal government d. free men

c

The Fourth Amendment prevents _____. a. trials without attorneys b. reading of rights well after arrest c. unlawful searches and seizures d. none of the above

c

The Nixon administration attempting to stop publication of the Pentagon Papers demonstrates the principle of prior _____. a. discretion b. preemption c. restraint d. restriction

c

The Supreme Court has ruled that the right to _____ is implied by the First, Third, Fourth, Fifth, and Ninth Amendments. a. due process b. property c. privacy d. trial by jury

c

The _____ Amendment guarantees a speedy and public trial decided by an impartial jury. a. Fourth b. Fifth c. Sixth d. Eighth

c

The _____ Amendment guarantees the right to counsel in a criminal trial. a. Fourth b. Fifth c. Sixth d. Eighth

c

The extension of protections from the Bill of Rights to the state governments, one right at a time, is called _____ incorporation. a. concurrent b. solitary c. selective d. decisive

c

The story of civil liberties is the story of managing the collisions between two principles— the _____ of the community versus the rights of the individual. a. needs b. desires c. needs and desires d. beliefs

c

With the _____ decision, the Court decided that the right to choose an abortion could be balanced—but not overruled—by the state's desire to protect potential life so long as state regulations did not impose "an undue burden" on the woman's choice. a. Griswold v. Connecticut b. Roe v. Wade c. Planned Parenthood v. Casey d. Lawrence v. Texas

c

_____ extended the right to an attorney in all felony cases. a. Mapp v. Ohio b. Miranda v. Arizona c. Gideon v. Wainwright d. Powell v. Alabama

c

_____ is the principle that an individual cannot be tried twice for the same offense. a. Multiple peril b. Redundant charges c. Double jeopardy d. Multiple counts

c

_____ is/are defined as hostile statements based on someone's personal characteristics, such as race, ethnicity, religion, or sexual orientation. a. Threats b. Hyperbole c. Hate speech d. Fighting words

c

A large and growing concern of citizen privacy surrounds the collection of _____. a. cell phone Internet searches and calls b. credit card activity c. personal computer Internet activity d. all of the above

d

According to the Supreme Court, a public school will violate the Establishment Clause if it _____. a. introduces a minute of silent prayer or meditation b. includes a prayer in a graduation ceremony c. allow students-lead prayers at football games d. all of the above

d

In 2003, the Supreme Court extended the right of privacy to same-sex couples in _____. a. Griswold v. Connecticut b. Roe v. Wade c. Planned Parenthood v. Casey d. Lawrence v. Texas

d

In 2015, the Supreme Court applied the _____ test when a Muslim inmate sued Arkansas because prison regulations denied all prisoners the right to grow beards thus violating the prisoner's rights to practice his faith. a. Lemon b. Engel c. Employment Division d. Sherbert

d

In _____, the Supreme Court ruled that in capital cases, the defendants are entitled to lawyers and that the lawyers must be given enough time to meet with their clients and prepare their case. a. Mapp v. Ohio b. Miranda v. Arizona c. Gideon v. Wainwright d. Powell v. Alabama

d

The Supreme Court has ruled that executions can only be performed in cases of _____. a. mentally ill defendants b. child rape c. juvenile offenders d. capital crimes

d

The _____ Amendment introduces the question of capital punishment. a. Fourth b. Fifth c. Sixth d. Eighth

d

When governments enforce civil rights for some people, they often limit the _____ of others. a. safety b. values c. human rights d. liberty

d

_____ does not violate freedom of religion. a. Children reciting "under God" during the Pledge of Allegiance b. A public prayer at graduation c. A minute of silent prayer or meditation in a public school d. Christmas displays accompanied by secular displays

d

_____ is/are defined as expression(s) inherently likely to provoke a violent reaction and not necessarily protected by the First Amendment. a. Threats b. Hyperbole c. Hate speech d. Fighting words

d

_____ refers to the principles articulated in the Lemon test for judging whether a law establishes a religion. a. Secular separation b. Excessive entanglement c. Accommodation d. Strict separation

d