test 4- ch. 4
The exclusionary rule forbids
courts to admit illegally seized evidence during a trial.
Opponents of intelligent design claim that the theory is another form of _______.
creationism
According to a 2009 survey, what percent of americans said religion was fairly or very important in their lives?
81
The "fighting words" doctrine was established in which of the following Supreme Court cases?
Chaplinsky v. New Hampshire
True or false: Freedom of speech includes spoken or written language but not symbolic actions such as picketing or wearing an armband to signify a protest.
False
which of he following u.s. presidents invoked President Lincoln in arguing that military combatants and suspected terrorists should be tried in military tribunals and denied the protections of civilian courts?
George w. bush
the act of being tried again for the same crime after being cleared of it in court is known as _______ jeopardy
double
Which of the following Supreme court cases was also known as the "pentagon papers" case?
New York times v. u.s.
In which case did the Court rule that Vietnam War protesters wearing black armbands to school constituted free speech protected under the Constitution?
Tinker v. Des Moines
True or false: although it is a core principle for most Americans, the right to privacy is not explicitly mentioned in the Constitution.
True
advocates of creationism defend
a literal interpretation of the biblical story of Genesis.
The eighth amendment protects
against cruel and unusual punishment.
the constitutional freedom of religion protects
all nonreligious groups, all religious groups, an individual's free exercise of religion
which faction among the framers of the U.s. government were opposed to ratifying the constitution without first including a written Bill of Rights?
anti-federalists
The standard under which speech can be suppressed if it creates the probability that harm may result, even if the likelihood of the result is remote, is known as the _____ test.
clear and probable danger
The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as _____ process protections.
due
the supreme court ruled that the constitution protects two types of freedom of association, including _______ associations through which Americans form associations with others and practice their first amendment freedoms.
expressive
True or false: most americans believe the United State should establish a national religion.
false
true or false: all forms are protected under the u.s. constitution.
false
which of the following freedoms encourage community and civic engagement?
freedom of religion, freedom of privacy, freedom of criminal due process
The court's stance on freedom of assembly cases is often analogous with its stance in
freedom of speech
supporters and opponents of increased gun control both exercise which of the following freedoms to express their positions?
freedom of speech, freedom of assembly
the sharing of contrasting, even radical or loathsome, information is known as the marketplace of
ideas
Prior to the landmark Griswold case, the court concluded that the right to privacy is _____ all other liberties.
implied in
How does the Bill of Rights impact the goals of government?
it limits government's ability to enforce order.
the supreme court determined that privacy rights extend to consensual activity between same-sex partners in
lawrence v. texas
the role of the bill or rights is to _____ government power.
limit
Which of the following subjects has the court considered as within one's zone of privacy?
physician-assisted suicide, choice of sexual partners, termination of medical treatment
The court ruled in Reno v. ACLU that the internet is more like ______ media
which of the following, according to the supreme court, is considered of strictest importance in determining what constitutes a reasonable search?
requiring of a warrant
which of the following amendment protections, if any, have not been incorporated as a protection by the Supreme Court?
right to grand jury indictment
in the 1833 case barron v. baltimore, barron claimed the city violated the ______ clause of the fifth amendment, which bars the taking of private property for public use without just compensation.
takings
Based on the court decision in miller v. california, who is considered vital in determining what is obscene?
the average person
what was the free speech standard between the two periods in which the clear and present danger test was not prevalent?
the bad tendency test
the second amendment of the u.s. constitution protects
the right of the people to keep and bear arms.
If citizens are unable to fully participate in a political system, then
they cannot hold the government accountable or demand government change, they are unable to share information, opinions, advice, and calls to action.
who is considered a primary proponent of the theory of intelligent design?
those who believe that the designer is god.
content-neutral regulations regarding when, where, or how expressions may occur are known as _____, _______, and _______ restrictions.
time, place, and manner
what was the purpose of the selective service act?
to facilitate the draft
True or false: The bill of rights protects freedoms that are essential to the free and effective participation of individuals and groups in the larger community.
true
which of the following scenarios will most likely lead to more government restrictions of civil liberties?
when the nation is under a perceived threat
true democracy _____ when the government controls the press.
cannot
After the 9/11 terrorist attacks, tensions between liberty and security
increased
since the 9/11 terror attacks, perceived intrusions on criminal due process rights have
increased
citizens engaged in the debate over gun control are seeking a _____ nation.
safer
Historically, in times of perceived internal and external threats, the Supreme Court has been more willing to ____ political speech.
suppress
Who is responsible for regulating broadcast media?
the government
The supreme court ruled that the bill of rights did not apply to the states in which of the following cases?
barron v. baltimore
The framers did not initially see the bill of rights as applicable to state governments for which reason(s)
because state governments were closer to the people than the national government, they were less likely to restrict individual freedoms, most state constitutions included a bill of rights of their own that protected the abuses of state power.
how has the court ruled on abortion rights issues after roe v. wade?
court developed a middle ground position
the bill of rights limits the power of which branch(es) of the national government?
executive, judicial, legislative
in post-9/11 America, the balance between protecting individual freedoms and preserving public safety has become harder to achieve given perceived ...
intrusions on free speech and assembly, discrimination against Muslim Americans.
Constitutional guarantees that protect citizens, opinions, and property are known as civil _______.
liberties
The constitutionality established guarantees that protect opinions and property against arbitrary government interference are known as civil _____, whereas civil _____ reflect positive acts of government for the purpose of protecting individuals against arbitrary or discriminatory actions.
liberties, rights
Indecent or offensive speech or expression that is not protected under the First Amendment is known as ______.
obscenity
the loosely organized political movement which began in 2011 and sought to address a perceived inequality between the rich and everyone else is called the _______ ______
occupy movement
The U.S. constitution, through the Bill of Rights, and state constitutions explicitly recognize and protect civil, including freedom
of assembly, of speech, of the press
the attempt to block the publication of material considered to be harmful is known as _____ restraint
prior
in the case of near v. minnesota, the supreme court established a rule against censorship known as
prior restraint
Some of the most divisive issues of our day, like abortion, find constitutional protection in the right to
privacy
The right of the individual to be left alone is known as the right to
privacy
the supreme court decision that determined the right to privacy extended to include abortion is
roe v. wade
which of the following amendments contribute to ensuring criminal due process?
sixth, fifth, fourth, eighth
in mapp v ohio, the supreme court extended the exclusionary rule to ______ court proceedings.
state
the standard established in the incitement test applies to which of the following governments?
state, local, federal
One concern in increasing law and order during times of national emergency is that
such government efforts will limit an individual's first amendment rights.
Nonverbal speech is expressed through actions such as picketing or wearing an armband to signify a protest is known as _____ speech.
symbolic
which of the following interpretations of the establishment clause is considered the most flexible?
the accommodation standard
Which of the following believed the Constitution needed a written bill of rights?
the anti-federalists
why did the supreme court suspend the death penalty in the 1972 case furman v. georgia?
the application of the death penalty was arbitrary and discriminatory and thus, was incompatible with the standards in contemporary society
which supreme court standard replaced, albeit temporarily, the clear and present danger test?
the bad tendency test
The law passed by congress soon after the 9/11 attacks that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the USA ____ act
PATRIOT
the first amendment gives people the freedom to do which of the following?
assemble peacefully, seek redress of grievances
civil libertarians are more likely to make which of the following arguments in the wake of 9/11?
increased measures, when in excess, violate individual freedoms and rights
the imminent lawless action test is also called the
brandenburg test, incitement test
The freedoms embodied in the Bill of Rights are considered
broad principles
The Supreme Court in Schenck v. United States etablished the ____and ____ test
clear, present danger
An advertising statement is known as _______ speech
commercial
the freedoms of religion, privacy, and criminal due process encourage which of the following types of engagement?
community, civic
what does the fifth amendment prohibit?
compelled self-incrimination, double jeopardy
During World War I, all speech and writings judged to be critical of the US government were
criminalized
the _______ clause of the first amendment requires government neutrality toward religious institutions, whereas the ______ ______ clause prohibits the government from taking hostile action toward individuals' practice of their religion.
establishment, free exercise
Today, the Bill of Rights applies to which of the following levels of government?
federal, sate
which of the following constitutional amendments establishes formal rules for conducting a trial?
fifth, sixth
speech that inflicts injury or results in public disorder is known as _____ words.
fighting
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
Since 9/11/2001, there has been an increase in perceived intrusions on which of the following?
free speech, assembly
A certain tension is present in the first amendment between
freedom and order
the first amendment freedoms that support civic discourse include which of the following freedoms?
freedom of the press, freedom of assembly, freedom of speech
which of the following are central to the democratic process
freedom to speak openly about politics, freedom to speak openly about the government
the civil liberties protected in the american legal system exist to protect the ______ of U.S. citizens.
freedoms
Under which of the following Supreme Court cases did the Bill of Rights become incorporated to the states?
gitlow v. new york, mapp v. ohio
an ancient right that protects an individual in custody from being held without the right to be heard in a court of law is known as _____ ____.
habeas corpus
the current standard used to determine whether the establishment clause has been violated is known as _____ test.
lemon
compared with political speech, the government affords commercial speech
less protection
the most frequently used method of capital punishment in the United States today is
lethal injection
false written statements about others that harm their reputation are known as _______, whereas false verbal statements about others are known as ______.
libel, slander
the establishment clause restricts which of the following?
the establishment of an official religion
which of the following tests is most closely related to the court's stance concerning freedom of assembly?
the fighting words test
Cases that involve Jehovah's witnesses, who practice a less mainstream religion, are most likely to involve which of the following religious clauses?
the free exercise clause
which of the following are established protections according to miranda v. arizona
the right to an attorney, the right to remain silent
which of the following is not considered a sixth amendment protection?
the right to bear arms
the second amendment protects and/or supports which of the following?
the right to keep and bear arms, a well regulated militia
The application of all the protections claimed in the Bill of Rights to the states is known as _____ incorporation, whereas case-by-case consideration of these protections is known as ___ incorporation.
total, selective