Question 1

Which of the following rights was incorporated most recently?​

Accepted Answer

A)   ​First Amendment freedom of speech
B)   ​First Amendment freedom of religion
C)   ​Second Amendment right to bear arms
D)   Fourth Amendment protection against unreasonable searches and seizures
E)   ​Fifth Amendment protection against double jeopardy

Question 2

In 1919, the Supreme Court issued its ruling in the case of Schenck v. United States. Charles Schenck, a leader of the American Socialist Party, was jailed for distributing antidraft leaflets during time of massive military buildup in the early months of American involvement in World War I. The Supreme Court rejected Schenck's request for release and in doing so established what precedent as a test of free speech?

Accepted Answer

A)   During war, a citizen is forbidden to criticize the government's actions.
B)   Speech may be restricted when a "clear and present danger" exists that the words will have a broad negative effect on the citizenry.
C)   During times of war, the president's administration approves all exceptions to free speech.
D)   The issue of restricting free speech is a state issue and is therefore out of the jurisdiction of the Supreme Court.
E)   When state court rulings and the Supreme Court rulings are in conflict, the state ruling will become law as states are closer to the people.

Question 3

The idea that the best test for truth is to present all arguments, valid and invalid, is an example of ______________.

Accepted Answer

A)   the "marketplace of ideas"
B)   self-governance
C)   a "safety valve"
D)   self-fulfillment
E)   "clear and present danger"

Question 4

In Brandenburg v. Ohio (1969) , the Supreme Court replaced the "clea​r and present danger" test with the _________ test.

Accepted Answer

A)   ​imminent danger
B)   ​grave and probable
C)   ​reasonableness
D)   ​bad tendency
E)   ​lemon

Question 5

The Supreme Court has used which of the following constitutional provisions to apply rights in the Bill of Rights to protect against state action?

Accepted Answer

A)   Article I, Sec. 8
B)   Article III
C)   the Tenth Amendment
D)   the Fourteenth Amendment's Due Process Clause
E)   the Fifth Amendment's Due Process Clause

Question 6

In the debate over the relationship between church and state, those who believe there should be a sharp and impenetrable wall between religion and government are referred to as​ ______________.

Accepted Answer

A)   ​strict separationists
B)   ​accommodationists
C)   ​nonpreferentialists
D)   ​textualists
E)   ​originalists

Question 7

In the twentieth century, the Supreme Court became increasingly more willing to protect individuals against intrusive state actions. What instrument gave the Supreme Court this authority?

Accepted Answer

A)   the Civil Rights Act of 1871
B)   the Alien and Sedition Acts
C)   the First Amendment, which guaranteed freedom of speech
D)   the Fourteenth Amendment, which guaranteed due process of law by the states
E)   the free exercise clause

Question 8

How does the term civil liberties differ from the term civil rights?

Accepted Answer

A)   Lawsuits may be filed when violations of civil liberties occur, but they may not be filed for violations of civil rights.
B)   Civil liberties are voluntary whereas civil rights are mandatory.
C)   In most cases, the terms mean the same thing.
D)   Civil liberties protect against government limiting our rights, whereas civil rights protect equal treatment under the law.
E)   The term civil liberties was used prior to the twentieth century, whereas the term civil rights was used afterward.

Question 9

The 1971 Supreme Court ruling in Lemon v. Kurtzman created what is often referred to as the Lemon test in determining the appropriate level of separation of church and state. Which of the following is not a standard or condition of the Lemon test?

Accepted Answer

A)   The statute must have a secular purpose.
B)   The statute's principal effect must be one that neither advances nor inhibits religion.
C)   The statute must not foster excessive entanglement with religion.
D)   The role of state governments does not apply under the Lemon test; therefore, states may authorize religious cooperation.
E)   The role of the government is to ensure that it takes a neutral stance regarding religion, so it does not prohibit it but also does not advocate for it.

Question 10

An act of the legislature directly punishing a person or group, is referred to as a​ ________________.

Accepted Answer

A)   ​ex post facto law
B)   ​bill of attainder
C)   ​grant of habeas corpus
D)   ​writ of certiorari
E)   ​precedent

Question 11

​Which of the following is not found in the Fifth Amendment?

Accepted Answer

A)   ​protection against double jeopardy
B)   ​right to grand jury
C)   ​self-incrimination clause
D)   ​protection against cruel and unusual punishment
E)   ​All of these are included in the Fifth Amendment

Question 12

In very limited cases, the courts may impose a limit on publication before certain material has actually been published. This order of not to publish is called ______________.

Accepted Answer

A)   judicial censorship
B)   cease and desist
C)   prior restraint
D)   judicial discretion
E)   libel diversion

Question 13

Based on the new standard for free speech created by the Court in Brandenburg v. Ohio (1969) ​, _____________.

Accepted Answer

A)   ​few of those convicted in the previous half-century for seditious speech could have been convicted under the new standard
B)   ​government must show that the speech is directed at inciting a lawless action
C)   ​government must show that there is an imminent threat that the speech will result in an illegal act
D)   government must show that ​the speech is likely to result in producing a lawless action
E)   All of these choices are correct.

Question 14

Which rights are based on human society and exist even in the absence of formal government?

Accepted Answer

A)   natural rights
B)   citizenship rights
C)   civil liberties
D)   civil rights
E)   legal jurisdiction

Question 15

Which of the following is not a right guaranteed by the Eighth Amendment?

Accepted Answer

A)   the right to bail that is not excessive
B)   freedom from excessive fines
C)   freedom from cruel and unusual punishment
D)   the right to a jury trial
E)   the ability to reasonably obtain release from secure confinement, pending disposition of the criminal charges

Question 16

In Griswold v. Connecticut the United States Supreme Court advanced the idea that the Fourteenth Amendment and portions of the Bill of Rights created a "zone of privacy." Compare and contrast Griswold's holding with the concept of "reasonable expectation of privacy" forming the basis of the decisions in Katz v. United States and California v. Ciraolo.

Accepted Answer

In Griswold v. Connecticut, the Supreme ...

Question 17

The Fourth Amendment has had a very strong impact on the American legal system and has been a source of many Supreme Court rulings. The Fourth Amendment deals with __________________.

Accepted Answer

A)   the right to bear arms
B)   the right to peaceably assemble and to petition the government for a redress of grievances
C)   the right of the people to be secure against unreasonable searches and seizures
D)   the powers of the state governments in relation to the federal government
E)   the right to an attorney

Question 18

Trace the history of free speech rights in the twentieth century, from the clear and present danger doctrine of the early twentieth century (and it application), to the "imminent danger" test in 1969. How have the Court's ruling on symbolic speech protections (beginning in the 1960's) followed this trend and what has been the impact on overall speech protections?

Accepted Answer

The history of free speech rights in the...

Question 19

In which of the following cases did the Supreme Court confirm that the Bill of Rights applied only to the federal government?

Accepted Answer

A)   Barron v. Baltimore
B)   Gitlow v. New York
C)   Palko v. Connecticut
D)   Everson v. Board of Education
E)   All of these choices are correct.

Question 20

The First Amendment right to free speech or free expression is a revered and fundamental right in the American political system. Which of the following is not one of the often-cited justifications for protecting free speech?

Accepted Answer

A)   Most other societies allow free speech, so to disallow it in the United States would create undue tensions among citizens.
B)   Free speech creates a "marketplace of ideas."
C)   Self-governance is dependent upon free speech.
D)   Free speech can lead to self-fulfillment.
E)   Free speech is a "safety valve" that balances the need for order with reform.

Exam 4: Civil Liberties

The First Amendment right to free speech or free expression is a revered and fundamental right in the American political system. Which of the following is not one of the often-cited justifications for protecting free speech?

Correct Answer
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Which of the following is not a right guaranteed by the Eighth Amendment?

Correct Answer
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Correct Answer
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In Griswold v. Connecticut, the Supreme ...
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Which of the following rights was incorporated most recently?

Correct Answer
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In which of the following cases did the Supreme Court confirm that the Bill of Rights applied only to the federal government?

Correct Answer
verified

Which of the following is not found in the Fifth Amendment?

Correct Answer
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An act of the legislature directly punishing a person or group, is referred to as a ________________.

Correct Answer
verified

In the twentieth century, the Supreme Court became increasingly more willing to protect individuals against intrusive state actions. What instrument gave the Supreme Court this authority?

Correct Answer
verified

The 1971 Supreme Court ruling in Lemon v. Kurtzman created what is often referred to as the Lemon test in determining the appropriate level of separation of church and state. Which of the following is not a standard or condition of the Lemon test?

Correct Answer
verified

Which rights are based on human society and exist even in the absence of formal government?

Correct Answer
verified

Correct Answer
verified

The idea that the best test for truth is to present all arguments, valid and invalid, is an example of ______________.

Correct Answer
verified

In very limited cases, the courts may impose a limit on publication before certain material has actually been published. This order of not to publish is called ______________.

Correct Answer
verified

In the debate over the relationship between church and state, those who believe there should be a sharp and impenetrable wall between religion and government are referred to as ______________.

Correct Answer
verified

The Fourth Amendment has had a very strong impact on the American legal system and has been a source of many Supreme Court rulings. The Fourth Amendment deals with __________________.

Correct Answer
verified

The Supreme Court has used which of the following constitutional provisions to apply rights in the Bill of Rights to protect against state action?

Correct Answer
verified

How does the term civil liberties differ from the term civil rights?

Correct Answer
verified

In Brandenburg v. Ohio (1969) , the Supreme Court replaced the "clear and present danger" test with the _________ test.

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
The history of free speech rights in the...
View Answer

Based on the new standard for free speech created by the Court in Brandenburg v. Ohio (1969) , _____________.

Correct Answer
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Exam 4: Civil Liberties

The First Amendment right to free speech or free expression is a revered and fundamental right in the American political system. Which of the following is not one of the often-cited justifications for protecting free speech?

Correct AnswerverifiedShow Answer

Which of the following is not a right guaranteed by the Eighth Amendment?

Correct AnswerverifiedShow Answer

Correct AnswerAnswered by ExamLex AIIn Griswold v. Connecticut, the Supreme ...View AnswerShow Answer

Which of the following rights was incorporated most recently?​

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In which of the following cases did the Supreme Court confirm that the Bill of Rights applied only to the federal government?

Correct AnswerverifiedShow Answer

​Which of the following is not found in the Fifth Amendment?

Correct AnswerverifiedShow Answer

An act of the legislature directly punishing a person or group, is referred to as a​ ________________.

Correct AnswerverifiedShow Answer

In the twentieth century, the Supreme Court became increasingly more willing to protect individuals against intrusive state actions. What instrument gave the Supreme Court this authority?

Correct AnswerverifiedShow Answer

The 1971 Supreme Court ruling in Lemon v. Kurtzman created what is often referred to as the Lemon test in determining the appropriate level of separation of church and state. Which of the following is not a standard or condition of the Lemon test?

Correct AnswerverifiedShow Answer

Which rights are based on human society and exist even in the absence of formal government?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The idea that the best test for truth is to present all arguments, valid and invalid, is an example of ______________.

Correct AnswerverifiedShow Answer

In very limited cases, the courts may impose a limit on publication before certain material has actually been published. This order of not to publish is called ______________.

Correct AnswerverifiedShow Answer

In the debate over the relationship between church and state, those who believe there should be a sharp and impenetrable wall between religion and government are referred to as​ ______________.

Correct AnswerverifiedShow Answer

The Fourth Amendment has had a very strong impact on the American legal system and has been a source of many Supreme Court rulings. The Fourth Amendment deals with __________________.

Correct AnswerverifiedShow Answer

The Supreme Court has used which of the following constitutional provisions to apply rights in the Bill of Rights to protect against state action?

Correct AnswerverifiedShow Answer

How does the term civil liberties differ from the term civil rights?

Correct AnswerverifiedShow Answer

In Brandenburg v. Ohio (1969) , the Supreme Court replaced the "clea​r and present danger" test with the _________ test.

Correct AnswerverifiedShow Answer

Correct AnswerAnswered by ExamLex AIThe history of free speech rights in the...View AnswerShow Answer

Based on the new standard for free speech created by the Court in Brandenburg v. Ohio (1969) ​, _____________.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
In Griswold v. Connecticut, the Supreme ...
View Answer

Which of the following rights was incorporated most recently?

Correct Answer
verified

Correct Answer
verified

Which of the following is not found in the Fifth Amendment?

Correct Answer
verified

An act of the legislature directly punishing a person or group, is referred to as a ________________.

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

In the debate over the relationship between church and state, those who believe there should be a sharp and impenetrable wall between religion and government are referred to as ______________.

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

In Brandenburg v. Ohio (1969) , the Supreme Court replaced the "clear and present danger" test with the _________ test.

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
The history of free speech rights in the...
View Answer

Based on the new standard for free speech created by the Court in Brandenburg v. Ohio (1969) , _____________.

Correct Answer
verified