Chapter 4: Civil Liberties: Protecting Individual Rights

Which of the following statements are true concerning the right of assembly?

- Regulations of public assemblies must be applied fairly to all groups. -Public officials can regulate the time and place of assemblies. -Individuals cannot hold an assembly at a busy intersection during rush hour.

In order for police roadblocks to check drivers to be legal, they must conform to which of the following?

-They can be used to check for signs of alcohol intoxication. -They must be systematic and not arbitrary.

In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following?

- the U.S. Uniform Code of Military Justice -the Geneva Convention

Match the Supreme Court case with the freedom incorporated into the states. Fiske v. Kansas Near v. Minnesota Hamilton v. Regents, U of C DeJonge v. Oregon

-Freedom Speech -Freedom Press -Freedom Religion -Freedom Assembly

Since the 1950s, what has been the government's approach to free speech?

-The Supreme Court has ruled that national security must truly be at risk before the government can limit speech. -The Supreme Court has ruled that spoken words do not pose a true threat to national security, so Americans can speak their minds politically. -Not a single individual has been convicted solely for criticizing the government's war policies.

Some critics argue that which of the following have weakened the exclusionary rule almost to the point that it applies only to extreme forms of police misconduct?

-inevitable discovery exception -good faith exception -plain view exception

Free speech is usually protected in the United States unless it

-involves false commercial advertising claims. -presents a clear and present danger to others. -leads to imminent and lawless action.

The Supreme Court has recently employed the Eighth Amendment to ban which of the following?

-life sentences without parole for juveniles -the death penalty for the mentally ill -the death penalty for juveniles

The imminent lawless action test

-says that speech must be likely to produce lawless action. -says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action. -has two criteria for speech advocating the unlawful use of force.

The inevitable discovery exception

-states that exclusion of physical evidence that would have been found anyway has no effect on the fairness of a trial. -allows admission of tainted evidence in certain cases. -was developed in the case of Nix v. Williams (1984).

What constitutional amendment is of special significance for the Supreme Court when considering how to best protect individual rights from action by state and local governments?

14th Amendment

According to the ______ doctrine, government can aid a religious organization so long as the aid is non-religious in nature and the government doesn't favor one religion over another.

Accomodationist

England's ______ gave members of Protestant sects the right to worship freely and publicly. The first Amendment reflects this tradition.

Act of Toleration

In which case did the Supreme Court rule that the Second Amendment protects an individual's right to possess a firearm unconnected to service in a militia?

District of Columbia v. Heller

What is the question at the heart of the debate over the Second Amendment?

Does the amendment give individuals the right to possess weapons?

Match the clause with its description. establishment clause free-exercise clause

E: Requires government neutrality toward religious institutions F:prohibits the government from interfering with individuals' practice of their religion

Freedom of _________ is the right of individual Americans to hold and communicate thoughts of their choosing.

Expression

True or false: According to the Supreme Court, a statement that someone makes that ruins a public official's career may be considered libel or slander even if the statement is factually accurate.

False

Under which of the following Supreme Court cases did part of the Bill of Rights first become incorporated to apply to actions by the states?

Gitlow v. New York

The Supreme Court upheld the forced relocation of tens of thousands of Japanese Americans during World War II in which of the following cases?

Korematsu v. United States

The Supreme Court determined that privacy rights extend to consensual activity between same-sex partners in

Lawrence v. Texas

The current standard used to determine whether the establishment clause has been violated is known as the ________ test.

Lemon

Which of the following cases established that law enforcement officers must advise detainees of their rights, including the right to remain silent and the right to an attorney, before beginning questioning in a criminal investigation?

Miranda v. Arizona

Which of the following Supreme Court cases was also known as the "Pentagon Papers" case?

New York Times Co. v. United States

The Supreme Court decision that determined that the right to privacy extended to include abortion is

Roe v. Wade

The process by which the Supreme Court makes certain parts of the Bill of Rights applicable through the Fourteenth Amendment to actions by state governments is known as ________ incorporation.

Selective

The right to legal counsel is a ______ Amendment protection.

Sixth

Where is the Bill of Rights located in the U.S. Constitution?

The first ten amendments to the Constitution make up the Bill of Rights.

Which of the following acts of legislation gave government increased authority to examine medical, financial, and student records and increased surveillance of communications without a warrant or court order?

USA Patriot Act

The exclusionary rule is based on the Supreme Court decision in

Weeks v. United States (1914)

The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated

a basis for taking the alleged violation into a court of law for a ruling by a judge

Which of the following best describes the subject under consideration in Roe v. Wade?

abortion

The Eighth Amendment protects

against cruel and unusual punishment

In Lawrence v. Texas (2003), the Supreme Court ruled that states cannot lawfully

ban sexual relations between consenting same-sex adults

The cases of Riley v. California (2014) and United States v. Wurie (2014) both dealt with the use of what technology?

cell phones

Constitutional guarantees that protect citizens from arbitrary government action are known as

civil liberties

Concerning symbolic speech, the Supreme Court has generally held that government regulation of the ______ of a message is unconstitutional. (This was illustrated by a Texas flag-burning case; the state of Texas actually burns old flags to dispose of them.)

content

The exclusionary rule restricts the ability of

courts to admit illegally obtained evidence during a trial

Which of the following is likely to convince a judge that police should be issued a search warrant?

establishing probable cause for believing a crime has been committed

In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the

establishment clause

True or false: According to the Supreme Court, police can search a person's home merely on the basis of a hunch that the owner might be breaking the law.

false

True or false: In a 1992 cases involving a St. Paul, Minnesota city ordinance, the Supreme Court ruled that the government can restrict hate speech as it causes "anger or alarm."

false

True or false: The right to appeal after conviction is guaranteed in the Constitution.

false

The Bill of Rights initially applied to which level or levels of government?

federal

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

free-exercise clause

The barrier to restrict speech established in Brandenburg v. Ohio is best described as

imposing

As a result of changes in sentencing policies, the U.S. prison population, per capita,

is the largest in the world

In 1993, a Wisconsin law that allowed lengthier sentences for hate crimes was challenged as a violation of the First Amendment. How did the Court rule?

it upheld the law because it was not aimed at free speech but at actions that were not protected by the First Amendment.

In its rulings in Riley v. California (2014) and United States v. Wurie (2014), the Supreme Court acknowledged that

it would impact law enforcement's ability to combat

A false written statement about other people that harms their reputation is known as _________ , whereas a false verbal statement about other people is known as _______.

libel, slander

The Sedition Act of 1798

made it a crime to publish stories that were harshly critical of the president.

The Supreme Court has generally held that those convicted in state courts and who appeal on the grounds that their federal constitutional rights were violated are limited to

one appeal

Which of the following states that evidence is admissible when it is immediately visible in the course of stopping a person for another infraction?

plain view exception

Which term describes the set of procedures authorities must follow before a person can be lawfully punished for an offense?

procedural due process

In Gitlow v. New York, the Supreme Court ruled that the Bill of Rights

protects individuals from actions by state governments as well as the federal government

Law enforcement officials sometimes controversially rely on the practice of _______ _________ , the assumption that certain groups of people are more likely to commit particular crimes.

racial profiling

According to the establishment clause, the government is required to

remain neutral groups toward all religions

In a 2010 CNN survey, 2 in 5 Americans stated that individuals arrested by police on suspicion of terrorism

should not be read their Miranda rights

In Mapp v. Ohio, the Supreme Court extended the constitutional protection against unreasonable search and seizure to action by ________ government.

state

In a case involving protester Gregory Johnson, the Supreme Court ruled that burning the American flag was protected specifically as ______ speech.

symbolic

The Supreme Court has ruled that the right of free assembly

takes precedence over the possibility that the exercise of the right might have undesirable consequences.

Today, most of the guarantees in the Bill of Rights are protected from action by which of the following?

the federal and state governments

Which of the following allows the admission into trial of otherwise excludable evidence if the evidence was obtained by police who thought they were following proper procedure?

the good faith exception

In the 1963 Gideon case, the Supreme Court established that

the government must provide lawa to individuals who can't afford their own attorney

In Brandenburg v. Ohio the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?

the imminent lawless action test

What unique circumstance existed at the time of the Korematsu v. United States decision?

the nation was at war

The Second Amendment of the U.S. Constitution protects

the right of the people to keep and bear arms

Which of the following is NOT considered a Sixth Amendment protection?

the right to bear arms

Griswold v. Connecticut was a case dealing with

the right to privacy

Griswold v. Connecticut is the landmark case that established the right to privacy. The case involved the question of whether a state can prohibit

the use of contraceptives by a married couple

The USA Patriot Act was passed

to combat terrorism

True or false: The Supreme Court ruled that school administrators have discretion in searching student lockers for drugs and weapons, as they are responsible for student safety.

true

In Hamden v. Rumsfeld, the Supreme Court ruled that the use of secret military tribunals to try detainees accused of terrorism was ______, as detainees were entitled to a trial affording all the guarantees contained in the Constitution.

unconstitutional

The Supreme Court consistently ruled that the George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was

under the jurisdiction of the United States courts

In what year, in the case of District of Columbia v. Heller, did the Supreme Court finally address the issue of how the Second Amendment should be interpreted?

2008

Which of the following amendments contribute to ensuring criminal due process?

4th,5th,6th, and 8th Amendments

Which of the following statements is true regarding freedom of the press?

freedom of the press receives strong judicial protection

Which of the following constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona?

-the right to an attorney -the right to remain silent

Match the constitutional amendment to the right(s) it protects. First Amendment Second Amendment Fourth Amendment Fifth Amendment Sixth Amendment Eighth Amendment

1: right to speech,press,assembly,and religion 2: right to bear arms 4:protection against unreasonable search and seizure 5:self-incrimination and double jeopardy 6:right to jury trial, and attorney, and to confront witnesses 8:cruel and unusual punishment