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The Supreme Court ruled in 2011 that the Westboro Baptist Church hate speech was NOT protected under the First Amendment.

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Which civil liberties are NOT protected in the First Amendment?


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

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The purpose of the Smith Act was to:


A) ban communists from entering the United States.
B) restrict the emergence of a third party to compete with Democrats and Republicans.
C) restrict the Communist Party by banning advocacy or force against the United States.
D) suppress antiwar protesters.
E) eliminate the draft.

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Why do we say that civil liberties involve balancing interests and trade-offs? What is an example of a civil liberty that creates tension between two compelling national interests? Who makes the final determination on where we draw the lines on civil liberty protections? Do you believe this is an appropriate and effective way of defining the limits of civil liberties? Why or why not?

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We say that civil liberties involve bala...

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Statements that damage someone's reputation are called:


A) political speech.
B) obscenity.
C) libel or slander.
D) hate speech.
E) commercial speech.

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The Supreme Court hears a case about a decision by the state of Rhode Island to house troops in a citizen's home. This violates the Third Amendment of the U.S. Constitution. While the Third Amendment had not explicitly applied to the state of Rhode Island before this case, the Court rules that it should and that Rhode Island may not quarter troops in someone's house. This is an example of what?


A) clear and present danger test
B) intermediate scrutiny
C) selective incorporation
D) establishment clause
E) free exercise clause

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What is the Lemon test? What part of the Bill of Rights does it apply to? What is an example of something that is allowed under the Lemon test? What is an example of something that is not allowed? Do you believe the Lemon test is an appropriate guide for determining whether government action is constitutional? Why or why not?

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The Lemon test is a three-pronged test u...

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


A) Barron v. Baltimore
B) Gitlow v. New York
C) Alien and Sedition Acts
D) Marbury v. Madison
E) McCulloch v. Maryland

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All of the following describe inclusion of the Bill of Rights in the Constitution EXCEPT:


A) it was one of the initial issues taken up by the first Congress.
B) it was partly supported to build more unity behind the new national government.
C) it was driven in part by a need to silence opponents to ratification of the Constitution.
D) it was approved at the Constitutional Convention.
E) it emerged from Antifederalist opposition to the Constitution.

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Civil liberties are basic protections against government action that may restrict the freedom of individuals.

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Which event prompted the harshest crackdowns on free speech since the Sedition Act of 1798 and led to cases such as Schenck v. United States?


A) World War II
B) Civil War
C) Vietnam War
D) Korean War
E) World War I

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The right to counsel was provided in the ________ Amendment. After the decision in ________, this was extended to require that counsel be provided for you if you could not afford one.


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

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Evidence that the Supreme Court listens to public opinion is shown by its decisions that:


A) allow minutes of silence and prayer in school.
B) limit the process of selective incorporation.
C) limit circumstances in which the death penalty can be applied.
D) make it clear they will not address Second Amendment issues.
E) eliminate the use of Miranda warnings.

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Why would most, if not all, of the sedition convictions during World War I and the Red Scare be overturned today?


A) The Smith Act of 1940 gave citizens broader free speech protections.
B) Few citizens object to American actions overseas in the way they did back then.
C) The Supreme Court has since ruled that free speech is an absolute right with no exceptions.
D) The United States no longer relies on a military draft.
E) The current standard of the direct incitement test means that speech that sounds dangerous might not actually pose a real threat to public safety.

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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
E) freedom of assembly and national security

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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
E) the First Amendment; a free speech protection

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Explain the origins of the Bill of Rights. When was it added to the Constitution? More important, why was it added? Has the Bill of Rights fulfilled the goals of those who argued for it?

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The origins of the Bill of Rights can be...

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What is the constitutional foundation for privacy rights? Why are these rights controversial in American politics? What does the consideration of privacy rights say about the nature of the Constitution?

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The constitutional foundation for privac...

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What types of searches may be permitted based on a weaker "reasonable suspicion"?


A) searches for weapons
B) searches of items "in plain view"
C) searches of cars
D) searches of "armed and dangerous" subjects
E) school searches

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Under what circumstances can government regulate 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
E) none, since freedom of assembly is an absolute right

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