Political Science 101 - Chapter 4

The individual right that is widely regarded as the most basic of individual rights is

freedom of expression.

Gideon v. Wainwright required the states to

furnish attorneys for poor defendants in felony cases.

In the case of McNabb v. United States, Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether

governments had observed procedural guarantees.

The Supreme Court

has generally protected symbolic speech, though less substantially than it has protected verbal speech.

Like all other rights, the right of free expression is

not absolute.

The conviction of members of the U.S. Communist Party in the early 1950s was initially upheld as a lawful restriction of the right

of free speech.

The Supreme Court's position on prior restraint of the press is that

prior restraint should apply only in rare circumstances, and it is better to hold the press responsible for what it has printed than to restrict what it may print.

In Planned Parenthood v. Casey (1992), the justices

reaffirmed the essential aspects of Roe v. Wade.

Justice Holmes's "clear and present danger" test holds that government can

restrict speech that threatens national security.

The inclusion of certain provisions of the Bill of Rights in the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called

selective incorporation.

"You have the right to remain silent....Anything you say can and will be used against you in a court of law....You have the right to an attorney". This is called the

Miranda warning.

Which of the following is correct with regard to obscenity and the law?

Obscenity is not protected by the First Amendment.

The Fourth Amendment protects Americans from

unreasonable searches

Government can lawfully prevent a political rally from taking place

when it can demonstrate that harmful acts will necessarily result from the rally.

Libel applies to defamation of an individual's reputation through the

written word.

Spoken words that are known to be false and harmful to a person's reputation are an example of

slander

In Schenck v. United States (1919), the Supreme Court ruled that

speech could be restricted when the nation's security is at stake.

The Supreme Court has reasoned that a right of privacy is provided by

the implication of said right by the freedoms in the Bill of Rights.

Which of the following, relative to the others, is typically more protective of individual rights?

the judiciary

According to the Supreme Court, what is the status of prayer in the public schools?

State-supported prayers are not allowed in public schools.

Roughly a third of all U.S. executions in the past quarter-century have taken place in

Texas.

In Bowers v. Hardwick (1986), the Supreme Court justices determined that

the right to privacy does not include homosexual acts.

Which of the following amendments contains a due process clause?

14th

Which constitutional amendment protects the individual against self-incrimination?

5th

In the Constitution, procedural due process is protected by the

All these answers are correct. ( Fourth Amendment. Fifth Amendment. Sixth Amendment. Eighth Amendment.)

The USA Patriot Act

All these answers are correct. ( grants the government new powers of surveillance. relaxed restrictions on the sharing of intelligence surveillance information with criminal investigators. gives intelligence agencies the authority to share crime-related information with law enforcement agencies. was enacted in response to the terrorist attacks of September 11, 2001.

The Miranda warning was upheld by the Supreme Court in 2000 in

Dickerson v. United States.

Voluntary school prayer in the public schools was ruled unconstitutional in

Engel v. Vitale (1962).

Justice Stone argued in 1938 that

First Amendment rights are the basis of most other rights.

Gideon v. Wainwright is to the Sixth Amendment as Mapp v. Ohio is to the

Fourth Amendment.

Since the 1980s, the Supreme Court has addressed the exclusionary rule by

None of these answers is correct. ( expanding its application to virtually all criminal cases both at the state and federal levels. determining that the rule was unconstitutional, in that it weakened the effectiveness of the police in maintaining an orderly society. expanding its application to federal cases only. expanding its application to state cases only)

According to the Supreme Court, which is true regarding freedom of assembly?

Public officials can regulate the time, place, and conditions of public assembly, provided the regulations are reasonable.

The right to privacy was instrumental in which decision?

Roe v. Wade

Which of the following is the only country that comes close to the United States in terms of the percentage of its citizens who are behind bars?

Russia

In 2007 the Supreme Court reversed its stance on partial-birth abortion, largely due to the replacement of Sandra Day O'Connor with

Samuel Alito.

The right to counsel is guaranteed by the ________ Amendment.

Sixth

Which of the following is true about the Sedition Act of 1798?

The Act prohibited malicious newspaper stories about the president.

Which of the following is true of the appeal process?

The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.

How did the Supreme Court's position on the rights of the accused in state courts change in the 1960s?

The Supreme Court began to protect the rights of the accused from action by the states.

According to the Supreme Court, prayer in public schools violates

the establishment clause.

According to the Supreme Court, prior restraint on the press is only acceptable if

the government can clearly justify the restriction

The Supreme Court upheld the use of tax-supported vouchers to attend private or parochial school in

Zelman v. Simmons-Harris.

What is the greatest restriction on appeals in the United States?

a federal law that bars in most instances a second federal appeal by a state prison inmate

The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by

actions of state and local governments.

When can police legally begin their interrogation of a suspect?

after the suspect has been warned that his or her words can be used as evidence

What Illinois policy did the Supreme Court invalidate with its decision in Witherspoon v. Illinois (1968)?

allowing the prosecution an unlimited number of challenges in capital cases

The inevitable discovery exception

allows the use of evidence that would have been discovered regardless by other means or through other forms of evidence.

The term civil liberties refers to specific individual rights that

are constitutionally protected from infringement by government.

If a person yells "fire" in a crowded theater when there is no fire, and people are hurt in the ensuing panic, that individual abused his/her freedom of speech according to the doctrine of

clear and present danger.

In Mapp v. Ohio, the selective incorporation process was extended to include

criminal proceedings in the states.

In a 2004 case involving the issue of whether a U.S. citizen accused of terrorist acts is entitled to constitutional protections, the Supreme Court held that such citizens

do have the right to a judicial hearing.

The Lemon test is designed to

ensure the secular nature of a government action.

The exclusionary rule states that

evidence obtained illegally is inadmissible in court.

The establishment clause prohibits government from

favoring one religion over another or supporting religion over no religion.

The freedoms of speech, press, assembly, and petition are found in

first amendment

In the Johnson flag-burning case, the Supreme Court ruled that

flag burning, although offensive, cannot be prohibited