Quiz 5

The potential for the application of the Bill of Rights to the states began with the passage of the _______________ Amendment in 1868, which adds several restrictions on what the states can do.

14

According to the Supreme Court ruling in Roe v. Wade, which of the following restrictions may the state place on abortions?

During the third trimester, the state may regulate or outlaw abortions except when necessary to preserve the life or health of the mother.

The ____ Amendment was the first to contain broader language extending Bill of Rights' protections applicable to state governments.

Fourteenth

If police officers were searching everyone leaving a video store and they had no search warrant, you could refuse to be searched on the basis of your constitutional rights guaranteed by which amendment?

Fourth

Under what conditions is prayer permitted in public schools?

If the prayer takes place outside instructional hours and is not sponsored by the school

Obscenity was legally defined by Chief Justice Burger in

Miller v. California.

The "wall of separation" metaphor that is often applied to the relationship between church and state originated with

Thomas Jefferson.

A defendant's pretrial rights include all of the following EXCEPT

a negotiable bail.

Those who read the First Amendment as banning government involvement in all religious affairs advocate

a wall of separation between church and state.

Supreme Court rulings involving the establishment clause most often focus on

aid to religious schools and public school prayer.

The free exercise clause

allows individuals to practice their religion without government coercion.

The first act in a criminal proceeding, in which the defendant is brought before a court to hear the charges against him or her and enter a plea of guilty or not guilty, is called

arraignment

The Court's classic 1965 decision in Griswold involved a Connecticut law regarding

birth control devices

Freedom of speech, freedom of religion, and freedom of the press are

civil liberties

Most protections in the Bill of Rights now apply to the states as a result of the Supreme Court's interpretation of the ____ clause.

due process

The part of the First Amendment prohibiting the establishment of a church officially supported by the national government is called the

establishment clause.

According to the clear and present danger test, expression could be restricted if

evidence exists that such expression would cause a dangerous condition that Congress has the power to prevent.

The Constitution prohibits _______________ laws, which make something a crime after the act was committed.

ex post facto

If the police conduct a search later found to be unconstitutional, the _______________ holds that evidence collected during the search cannot be used in trial.

exclusionary rule

In Roe v. Wade, the Supreme Court

extended privacy rights to cover abortion.

Civil liberties differ from civil rights because civil liberties refer to protection

from government action, not from other citizens.

State and local attempts to forbid the teaching of evolution in schools

have not passed constitutional muster in the eyes of the Supreme Court.

In Griswold v. Connecticut, a 1965 case involving the legality of contraceptives, the Supreme Court

held that the law prohibiting contraceptives violated the right to privacy.

In Gideon v. Wainwright, the Supreme Court held that

if a person accused of a felony cannot afford an attorney, one must be made available to the accused at the government's expense.

In Engel v. Vitale (1962), the Supreme Court ruled that the Regents' Prayer used in New York public schools was unconstitutional because

it is no part of the business of government to compose official prayers.

To be considered obscene, a work must

lack serious redeeming literary, artistic, political, or scientific merit.

Following the concept of selective incorporation, the Supreme Court has

made parts of the Bill of Rights apply to state governments.

All of the following are true about religious displays on public property EXCEPT that

nativity scenes have been allowed as stand-alone displays.

The First Amendment, written in absolute terms, is more likely to be subject to the myth of guarantees

of absolute liberty.

For a public official to obtain damages under libel laws, he or she must

prove the statement was made with actual malice.

The type of media that has the least First Amendment protection is

radio and television broadcasting.

Prior restraint is defined as

restraining an activity before that activity has actually occurred.

Which is not guaranteed by the First Amendment?

right to bear arms

The Fourteenth Amendment does all of the following EXCEPT

states that the right to vote shall not be denied or abridged on account of race.

In the 1971 Supreme Court case Lemon v. Kurtzman, the Court ruled that direct state aid could NOT be used to

subsidize religious instruction.

Nonverbal activities that convey a political message such as saluting the flag, burning the flag, or burning draft cards are referred to as:

symbolic speech.

The rights and liberties guaranteed by the U.S. Constitution are found in

the Bill of Rights and the first section of the Fourteenth Amendment.

Griswold v. Connecticut (1965), which challenged a Connecticut statute making the use of birth control devices a crime, established the principle that

the Bill of Rights as a whole creates a zone of personal privacy or autonomy.

The USA Patriot Act made it easier for

the government to investigate and arrest suspected terrorists.

As originally written, the Bill of Rights limited the activities of:

the national government, not the state governments.

Slander is

the public uttering of a false statement that harms the good reputation of another.

An individual's trial rights include all of the following EXCEPT

the right not to be subject to lengthy questioning.

The incorporation theory refers to

the view that most protections of the Bill of Rights apply to state and local governments through the Fourteenth Amendment.

The phrase "wall of separation of Church and State"

was used by Thomas Jefferson, and refers to the establishment clause.

Defamation of character is defined as

wrongfully hurting a person's good reputation.