Government Chapter 4

In what year, in the case of Columbia v. Heller, did the Supreme Court finally address the issue of how the second Amendment should be represented

2008

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

Abortion

According to this test, before speech can be restricted, the government must clearly demonstrate that a citizen's expression presents a very obvious and real danger to the public safety

Clear-and-present-danger test

In following the Eight Amendment, the Supreme Court has used which of the following tests to determine if an action constitutes cruel and unusual punishment?

Determining if a punishment is unnecessarily cruel Determining if a punishment violets "fundamental standards of good conscience and fairness," Determining if a punishment is "unnecessarily cruel."

Freedom of expression

Does not cover obscene forms of sexual expression Does not cover some forms of commercial speech, such as advertising Allows individual Americans to communicate thoughts of their choosing

Since the 1990 the number of federal and state prisoners in the United States has

Doubled (Increased sharply)

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

Based on the exclusionary rule, evidence that is illegally obtained can normally be used in a trial.

False

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

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

Federal only

The First Amendment clause barring the government from passing an laws that prohibits an individual's practice of his or her religion is known as the ____-____ clause

Free-exercise

Which of the following are considered civil liberties?

Freedom of religion Freedom of speech Right to a fair trial

The case of New York Times Co. v. United States

It was ruled that prior restraint is unconstitutional without a compelling argument for the restriction.

Which of the following statements are true of libel and slander?

Laws on libel and slander are based on the assumption that society has an interest in encouraging media and citizens to express themselves freely Public officials can usually be criticized freely without fear the writer or speaker will have to pay for damages due to libel or slander

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

Lemon

Which of the following statements about slander and libel is true?

Neither libel and slander are protected by the First Amendment

The ____ ____ exception states that evidence is admissible when it is immediately visible in the course of stopping a person for another infraction.

Plain view

Free speech is usually protected in the United States unless it

Presents a clear and present danger to others Involves false commercial advertising claims Leads to imminent and lawless action

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

Protects individuals from actions by state and governments as well as the federal government

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

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

The imminent lawless action test

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 to be prohibited Says that speech must be likely to produce lawless action

The Constitutional right to bear arms is found in which of the following Amendments?

Second Amendment

In which 2011 case did the Supreme Court rule that the First Amendment's protection of speech extended even to hate speech during the funerals for soldiers killed in action?

Snyder v. Phelps

In a case involving protester Gregory Johnson, the Supreme Court rules 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

In the process of selective incorporation, which is the amendment that the Supreme Court relies on to apply most, but not all, of the provisions of the Bill of Rights to actions by the State and governments?

The Fourteenth Amendment

What was the name of the 1789 law that criminalized any speech or writings critical of the government, Congress, or the president

The Sedition Act

Which of the following statements are true concerning the Supreme Court's decisions involving symbolic speech?

The Supreme Court has protected symbolic speech nearly as vigorously as actual speech The Supreme Court has ruled that burning an American flag is a protected form of symbolic speech

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

The Supreme Court has ruled that spoken words do not pose a tru 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 The Supreme Court has ruled that national security must truly be at risk before they can limit speech

The First Amendment protection that makes it illegal for the government to enact laws that restrict free practice of religion by any individual is

The free-exercise clause

Which if 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 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

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 (Miranda Rights)

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

The right to bear arms (It does protect, the right to a trial by jury, the right to counsel, the right to a speedy and public trial)

The Second Amendment protects which of the following?

The right to bear arms A well regulated militia

In Lemon v. Kurtzman, the Supreme Court ruled that the state funding of salaries for teachers at parochial schools, even if they taught secular subjects, violated the establishment clause because

The teachers could use classroom time to teach religious subjects

Grisworld 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 married couples

Which of the following are Fifth Amendment rights of the accused?

To a trial by jury

True or False: Although it is a core principal for most Americans, the right to privacy is not explicitly mentioned in the Constitution.

True

In Planned Parenthood v. Casey, the Supreme Court ruled that restrictions on abortion were legal as long as they didn't place ____ ____ on woman's right to obtain an abortion.

Undue burden

Regarding freedom of the press, the Supreme Court has generally upheld the principle of no prior restraint. This principle means that

government generally cannot stop the news media from reporting a story

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

Civil ____ refer to individual rights, such as the freedom of speech and religion, while civil ____ refer to rights and privileges granted to citizens by government, such as equality under the law.

liberties; rights

The Fifth and Fourteenth Amendments

provide that no person can be deprived of life, liberty, or property without due process of law.

In Hamden v. Rumsfeld, the Supreme Court ruled that the use of secret military tribunals was ____ as the defendant had a right to ....

unconstitutional