Deck 4: Civil Liberties

Question 1

The exclusionary rule is still in effect in the United States today, though it has been judicially weakened over time.

Answer 1

True

Question 2

Obscenity is difficult to define since community standards can vary in different parts of
the country.

Answer 2

True

Question 3

Civil rights are about freedom and civil liberties are about equality.

Answer 3

False

Question 4

What is the classic example of a Constitutionally permissible restriction on free speech?

A) shouting "fire" in a crowded movie theater
B) people can say whatever they want under the First Amendment
C) the pledge of allegiance
D) contributing money to political campaigns

Question 5

Passage of the Fourteenth Amendment after the Civil War meant that states were immediately held to the same restrictions that applied to the federal government.

Question 6

Governments cannot regulate fighting words.

Question 7

Basic freedoms in the United States

A) are absolute; no restrictions are allowed.
B) can never be diminished under the Constitution.
C) must be balanced against competing interests, such as national security.
D) have vanished in the modern era.

Question 8

Americans' religious freedoms are based on two different clauses in the First Amendment:
the free exercise clause and the establishment clause.

Question 9

Voluntary school prayer in the public schools has been constitutional since 2002.

Question 10

The process of selective incorporation was used widely by the Supreme Court justices in both the 1930s and 1960s.

Question 11

The word "privacy" appears in the First Amendment.

Question 12

Prior restraint has been clearly defined by the Supreme Court justices.

Question 13

Civil liberties are

A) absolute guarantees of political freedom.
B) restrictions on government action that are intended to protect political freedoms.
C) required government actions intended to promote equality.
D) responsibilities for citizens outlined in the Constitution.

Question 14

The Bill of Rights was created at the Constitutional Convention because the Federalists feared excessive government power.

Question 15

The clear and present danger test meant that the government was not allowed to suppress
speech it deemed dangerous.

Question 16

The series of school shootings in the last few years has led to more stringent gun control legislation
at the federal level.

Question 17

The due process clause of the Fourteenth Amendment is an important extension of civil liberties because it guarantees provisions of the Bill of Rights at the state level.

Question 18

Gay rights are typically perceived as more of a civil liberty rather than a civil right issue.

Question 19

The public outcry against the Alien and Sedition Acts helped Thomas Jefferson become president.

Question 20

The Bill of Rights has always been interpreted by the Supreme Court justices to apply to the federal government and the states.

Question 21

What is the constitutional basis of selective incorporation?

A) Article I
B) Article II
C) First Amendment
D) Fourteenth Amendment

Question 22

Mainstream defenders of free speech

A) believe that there should be no limits on what people say.
B) believe that it is essential to engage in a free exchange of ideas.
C) typically oppose allowing the Ku Klux Klan to rally in a public space.
D) typically oppose the ability of members of the Westboro Baptist Church to protest at military funerals.

Question 23

Civil liberties are guaranteed by ________.

A) the Eleventh Amendment
B) Article I
C) the Bill of Rights
D) the Tenth Amendment

Question 24

Which one of the following civil liberties is NOT protected in the First Amendment?

A) speech
B) assembly
C) religion
D) privacy

Question 25

Which one of these events occurred first?

A) passage of the Bill of Rights
B) enactment of the Alien and Sedition Acts
C) establishment of the clear and present danger test
D) establishment of the strict scrutiny test

Question 26

How was the Bill of Rights developed?

A) Civil liberties were central to the debate at the Constitutional Convention.
B) A committee was formed during the Constitutional Convention, but its
Recommendations were ignored.
C) It was drafted after the ratification process had begun.
D) It was drafted in the 1850s.

Question 27

How have the Supreme Court justices typically protected free speech in recent years?

A) The justices typically uphold virtually all types of activities associated with free speech.
B) The justices are typically influenced by the content-neutrality or lack thereof in speech restrictions
C) The justices generally do not support claims of free speech.
D) The justices typically do not grant standing in free speech cases.

Question 28

The Alien and Sedition Acts

A) were passed in the eighteenth century.
B) were endorsed by the leaders of the Democratic-Republican Party.
C) limited campaign contributions for federal candidates.
D) were immensely popular with the people.

Question 29

Which is the highest standard imposed on free speech cases by the Supreme Court justices?

A) rational basis review
B) intermediate scrutiny
C) strict scrutiny
D) stringent judicial review

Question 30

________ determined that there was a "wall of eternal separation between church and state."

A) Thomas Jefferson
B) James Madison
C) Abraham Lincoln
D) Woodrow Wilson

Question 31

Which one of the following cases specifically applied one of the Bill of Rights amendments to state action?

A) Barron v. Baltimore
B) Gitlow v. New York
C) Marbury v. Madison
D) McCulloch v. Maryland

Question 32

Selective incorporation was created by ________.

A) Supreme Court justices
B) Congress
C) Article I
D) executive bureaucrats

Question 33

________ forbids states from denying "life, liberty, or property" without following rules based on the Bill of Rights.

A) The establishment clause
B) The necessary and proper clause
C) The due process clause
D) The privileges and immunities clause

Question 34

Which event prompted the harshest crackdowns on free speech since the Sedition Act of 1798?

A) World War II
B) World War I
C) Civil War
D) War of 1812

Question 35

________ opposed ratification of the Constitution until a bill of rights was included.

A) The Federalists
B) The Democratic-Republicans
C) The Antifederalists
D) James Madison

Question 36

The clear and present danger test allows government to

A) regulate political speech when it is inconvenient.
B) prevent people from protesting some government actions, such as wars.
C) limit some political speech but only when it may cause significant harm to others.
D) jail dissidents and malcontents in some extreme circumstances.

Question 37

Under the establishment clause of the First Amendment, members of Congress

A) can establish an official religion in the United States.
B) cannot help or hurt religion with legislation.
C) can never provide aid for any religious organizations.
D) cannot pray during a legislative session.

Question 38

Based on past court decisions, the Supreme Court is MOST likely to rule that which of the following is Constitutionally protected behavior?

A) a student group protesting school policies by walking out of class
B) an anti-immigrant group holding a protest rally in a neighborhood with a large population of immigrants
C) a cigarette manufacturer advertising on Saturday-morning television
D) taxpayers who oppose a government policy withholding a portion of their taxes

Question 39

Which one of the following statements is accurate with regard to money in federal campaigns?

A) Candidates in federal elections are not subject to limits on contributions they receive directly from citizens.
B) Candidates for the presidency are limited in how much of their own money they can lend to their campaign.
C) Candidates in federal elections only have to report contributions of $5,000 or more to the Federal Election Commission.
D) The justices of the Supreme Court have attempted to balance First Amendment rights of candidates and their supporters with the public interest in honest and ethical elections.

Question 40

After the Civil War, why did former slaves not enjoy the same protection from state governments as they did from the national government?

A) The Supreme Court justices still embraced the standard of dual citizenship, despite the Fourteenth Amendment.
B) The Supreme Court justices felt the Civil War had effectively ended slavery.
C) The Dred Scott decision had ruled that slaves were property.
D) The Fifth Amendment also applied to the states.

Question 41

The Fourth, Fifth, Sixth, and Eighth Amendments contain ________ rights.

A) civil
B) equal protection
C) freedom of expression
D) due process

Question 42

Warrantless searches

A) are always illegal.
B) are not always illegal.
C) have not been conducted since the communist scare of the 1950s.
D) are generally only conducted by unsavory police forces.

Question 43

A township council passes an ordinance that prevents a Nazi group from marching through town. The Supreme Court justices would likely overturn the ordinance as a violation of the
Group's freedom of ________.

A) religion
B) petition
C) assembly
D) speech

Question 44

In 2008, the Supreme Court justices

A) made it easier for state officials to ban handguns.
B) recognized an individual's right to bear arms for self-defense and hunting for
The first time.
C) determined that the right to bear arms is a collective right.
D) upheld the constitutionality of strict gun control legislation.

Question 45

The Fourth Amendment

A) provides the right to legal counsel and a jury trial in front of peers.
B) prohibits cruel and unusual punishment.
C) protects against unreasonable searches by the police.
D) protects people from having to testify against themselves in a court of law.

Question 46

The justices of the Supreme Court

A) have recently extended First Amendment rights to corporations and labor unions in federal elections.
B) have recently overturned the ban on "soft money."
C) have determined that money has no place in federal campaigns.
D) have determined that public universities can no longer charge a higher rate of tuition
For out-of-state residents.

Question 47

The U.S. Supreme Court justices have replaced the clear and present danger test with ________.

A) the libel test
B) the direct incitement test
C) the symbolic test
D) the national security test

Question 48

What aspects of assembly can be regulated by the government without violating the freedom of assembly?

A) only the time and place of the event
B) time, place, and manner of the event without considering the content of the message
C) time, place, and manner of the event as long as the regulation is content neutral
D) only during times of war

Question 49

When it comes to the question of prior restraint on the press, the Supreme Court justices

A) have set a high bar for the government to meet if it wants to restrict the press.
B) favor the national government over the press, particularly in times of war and conflict.
C) follow Congress's lead in regulating the press.
D) defer to the Federal Communications Commission.

Question 50

The Pentagon Papers case balanced what two considerations?

A) freedom of the press and national security
B) content-neutrality standards and national security
C) the public's right to know and content-neutrality standards
D) freedom of the press and the public's right to know

Question 51

Which part of the Bill of Rights was the latest to be applied at the state level?

A) Second Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Fourteenth Amendment

Question 52

Fighting words, obscenity, and libel receive

A) the same level of protection as political speech.
B) less protection than political speech.
C) more protection than political speech.
D) no attention from the federal government.

Question 53

Which one of the following statements is true about libel?

A) It is more difficult for public officials to prove libel than private citizens.
B) The justices of the Supreme Court ruled in favor of Jerry Falwell in a famous libel case in the 1980s.
C) It is almost impossible for a private citizen to prove libel in the federal courts.
D) All people are perceived by the justices of the Supreme Court as peer equals when it comes to the issue of libel.

Question 54

Which one of the following is accurate regarding the right to peacefully assemble?

A) The right to peacefully assemble has been consistently upheld by the Supreme Court justices.
B) Members of the Ku Klux Klan and the Nazi Party have generally not been allowed to hold public rallies.
C) Local government officials generally do not have to let unpopular groups assemble in their communities if they do not wish to do so.
D) The right to assemble can be constitutionally restricted by a "heckler's veto."

Question 55

The right against self-incrimination, based in ________, is an example of ________.

A) the Fifth Amendment; due process rights
B) the Fourth Amendment; settled law
C) Miranda v. Arizona; due process rights
D) the Bill of Rights; a free speech protection

Question 56

The Supreme Court justices have ruled that the government can make laws about commercial speech when

A) someone brings the speech to their attention.
B) the Federal Communications Commission is unanimous in opposition.
C) that speech is misleading.
D) the speech airs on television.

Question 57

The Miller test

A) is no longer utilized.
B) is still applied today.
C) is now used in slander cases.
D) is now used in hate speech cases.

Question 58

Burning the flag is an example of ________.

A) slander
B) hate speech
C) symbolic speech
D) a clear and present danger

Question 59

Speech that is offensive or abusive, particularly in terms of race, gender, or sexual orientation, is called ________.

A) symbolic speech
B) hate speech
C) slanderous speech
D) expressive speech

Question 60

The Miller test is a set of rules for determining whether

A) something is obscene.
B) the government can prevent the press from publishing something.
C) Congress can regulate speech about the U.S. government.
D) a public figure has been slandered.

Question 61

Privacy rights

A) are enumerated explicitly in the Constitution.
B) go back to the early nineteenth century.
C) were first developed in Roe v. Wade.
D) were first developed in 1965 in Griswold v. Connecticut.

Question 62

When it comes to gay rights, the Supreme Court justices have

A) established very broad privacy rights for sexual behavior.
B) established very limited privacy rights for sexual behavior.
C) determined that sodomy could be legal for heterosexuals but not homosexuals.
D) determined that civil rights for gay Americans is a states' rights matter.

Question 63

Why was Gitlow v. New York (1925) such an important case?

Question 64

The Supreme Court's decision in Griswold v. Connecticut (1965)

A) established the right to privacy as existing in the Bill of Rights.
B) guaranteed a woman's right to an abortion.
C) meant the police had to read a person a list of her or his rights in advance of an arrest.
D) created a standard for determining when political speech could be regulated.

Question 65

Explain why flag burning is an example of symbolic speech.

Question 66

What is the difference between civil liberties and civil rights?

Question 67

Discuss two divergent views on the meaning of the Second Amendment.

Question 68

Which one of the following statements most accurately describes the use of the death penalty?

A) There has been a clear trend among the states away from the use of the death penalty.
B) There has been very little change in the frequency with which states use the death penalty.
C) More states choose to use the death penalty every year.
D) No states use the death penalty anymore.

Question 69

What is the clear and present danger test?

Question 70

Under the ________, government officials have increased access to individual library, banking, and medical records.

A) Freedom of Information Act
B) USA PATRIOT Act
C) FBI Control Act
D) Tenth Amendment

Question 71

Roe v. Wade (1973)

A) is no longer in effect.
B) is still in effect, but has been altered to allow for state restrictions on abortion.
C) is no longer controversial.
D) was not fundamentally about the right to privacy.

Question 72

What is the wall of separation between church and state? Identify some inherent contradictions in the contemporary world.

Question 73

A year after Gideon v. Wainwright, Congress passed a law making ________ even stronger.

A) the right to an attorney
B) the exclusionary rule
C) self-incrimination
D) double jeopardy

Question 74

The right to counsel is provided in the ________ Amendment. After the decision in ________, this was extended to require that counsel be provided for people who cannot afford an attorney.

A) Sixth; Gitlow v. New York
B) Sixth; Gideon v. Wainwright
C) Fourth; Gideon v. Wainwright
D) Fifth; Gideon v. Wainwright

Question 75

Which one of the following statements is accurate concerning abortion rights in the United States?

A) Most states have no parental notification or consent laws for minors.
B) Significant restrictions on abortion rights still exist in the United States.
C) Mandatory waiting period laws for abortions are no longer constitutional in the United States.
D) There are no restrictions on abortion rights in the United States today.

Question 76

Privacy rights are controversial because

A) they emanate from Congress rather than the Supreme Court.
B) they are not explicitly stated in the Bill of Rights.
C) presidents can change them whenever they want to do so by executive order.
D) the Supreme Court has not recognized that they exist.

Question 77

The broad right to pursue abortion services, subject to specific state limitations, was guaranteed in ________.

A) Miranda v. Arizona
B) Gideon v. Wainwright
C) Roe v. Wade
D) Griswold v. Connecticut

Question 78

What is the difference between strict and intermediate scrutiny?

Question 79

In 1972, the justices of the Supreme Court

A) determined that the death penalty was unconstitutional because the process of applying it was too inconsistent.
B) determined that all death penalty cases should be consolidated so that one trial existed to determine guilt or innocence as well as sentencing.
C) determined that the death penalty is cruel and unusual punishment under the Constitution.
D) determined that the death penalty was strictly a states' rights issue.

Question 80

Which one of the following statements is accurate under the existing interpretation of the Fourth Amendment by the U.S. Supreme Court justices?

A) Drug testing of all federal employees is permissible.
B) All candidates for state office must pass a drug test within 30 days of announcing their candidacy.
C) Some, but not all, federal employees are subject to drug testing.
D) No drug testing of any public or private employees is permissible.