Temple College
Government 2302 – Civil Liberties and Civil Rights
Spring 2000
Final Exam
IMPORTANT: MAKE ALL ERASURES COMPLETELY - IT IS YOUR
RESPONSIBILITY TO CLEARLY INDICATE YOUR CHOSEN ANSWER. RESPONSES
THAT ARE NOT COMPLETELY ERASED WILL BE COUNTED AS INCORRECT. BE
SURE TO WRITE YOUR NAME ON YOUR ANSWER SHEET!! THIS EXAM IS WORTH
100 POINTS.
MULTIPLE CHOICE. INSTRUCTIONS:
Answer each of the following multiple
choice questions by marking the letter on your scan-tron form that corresponds to the
BEST response. 50 questions/2 points each/100 points total.
1. The bad-tendency rule meant that
a. speech may be restricted by government if there is a possibility that such
expression might lead to some substantial evil.
b. Congress could prevent any speech it did not like.
c. if some people could be hurt by what was said, such speech was not
constitutionally protected.
d. only positive, uplifting speech is protected by the 1st Amendment.
2. According to the clear and present danger test, expression may be restricted by
government if
a. the speaker is not a citizen of the United States.
b. if, and only if, the United States is at war.
c. it is found to be offensive to ethnic or religious minority groups.
d. evidence exists that such expression would cause a condition which would
endanger the public.
3. The Supreme Court’s current interpretation of the 1st Amendment’s free speech
clause (based on BRANDENBURG V OHIO [1969]) requires that, in order to justify
punishing speech, government must prove that
a. the speech was intended to incite "imminent lawless action."
b. there is a "high probability that such action will occur.”
c. both a and b.
d. neither a nor b.
4. Prior restraint is defined as
a. an attempt by the president to limit actions of the Congress.
b. a method that allows falsely convicted individuals an opportunity to redeem
themselves.
c. the president's power to relieve felons of further punishment.
d. prohibiting expression before it has actually occurred.
5. The tendency of the courts to give preference to the 1st Amendment rights of speech,
press, and assembly when faced with conflicts is called
a. priority position. b. primary position. c. first class position. d. preferred position.
6. Symbolic speech is
a. any law that is worded in a vague manner.
b. an area of expression that is not protected by the 1st Amendment.
c. nonverbal communication.
d. usually an expression of an obscenity.
7. Words that “ordinary men know are likely to cause a fight” have been defined by the
USSC as __________ and are therefore not protected by the 1st Amendment.
a. “hot” words b. fighting words c. provoking words d. volatile words
8. According to Dye, which of the following terms was NOT included in the Roth (Roth v
U.S., 1957) definition of obscenity?
a. average person
b. contemporary standards
c. community standards
d. public opinion
9. The effect of the USSC’s Miller (Miller v California, 1973) standards has been to
increase the likelihood of conviction in
a. many politically conservative states.
b. libel/slander cases.
c. official corruption cases.
d. obscenity-pornography cases.
10. According to Daynes (Tatalovich and Daynes, Chapter 8), congressional and
bureaucratic efforts to regulate pornography have focused mainly on
a. preventing the dissemination of materials depicting homosexuality.
b. Preventing violent sexual acts against women.
c. Preventing the inclusion of children in pornographic materials and access by
children to pornography.
d. Preventing local governments from enacting regulations that are stronger than
those enacted by federal authorities.
11. The right to form and join organizations and associations is included in
a. most crowd control laws.
b. legislation framing the organization of unions.
c. freedom of expression.
d. freedom of assembly.
12. According to the participants in the videotaped program on “Hate Speech” (The
Constitution That Delicate Balance), which type of controls may authorities place
restrictions on the right to peacefully protest, parade, or demonstrate?
1. Content (what ideas may be expressed)
2. Time (when the ideas may be expressed)
3. Manner (how the ideas may be expressed)
4. Place (where the ideas may be expressed)
5. Group (which groups of people may express the ideas)
a. all of these b. 1, 2, 3, and 4 c. 1, 2, and 3 d. 2, 3, and 4
13. In TEXAS V JOHNSON, which interests did the state believe were compelling enough
to justify punishing Johnson's speech?
a. the state's interest in promoting national unity
b. the state's interest in preserving the public peace
c. the state's interest in suppressing unpopular acts of protest against the
government
d. a and b
14. Which of the following was not one of the provisions found in the original
Constitution in 1787 regarding slavery?
a. Slaves were to be counted as 3/5 of a person.
b. Authorities must train and educate new slaves.
c. It prohibited any federal restriction on the importation of slaves until 1808.
d. It guaranteed the return of escaped slaves to their owners.
15. A social movement in the antebellum United States whose goal was to end the
practice of slavery was known as the
a. anti-slavery drive.
b. women’s movement.
c. abolition movement.
d. temperance movement.
16. Abraham Lincoln’s edict on January 1, 1862, which declared “all persons held as
slaves within any State, or designated part of a State, the people whereof shall then
be in rebellion against the United States, shall be then, thenceforward, and forever
free,’ is called the
a. Magna Carta.
b. Declaration of Independence.
c. Declaration of Rights and Grievances.
d. Emancipation Proclamation.
17. While Lincoln’s statement in the previous question freed the slaves in the States
which had seceded, the 13th Amendment, ratified in 1865
a. legitimized Lincoln’s edict.
b. abolished slavery everywhere in the United States.
c. made the freed slaves eligible for welfare services.
d. eliminated all voting taxes so freed slaves could vote.
18. The Supreme Court rulings in 1883 that declared all federal civil rights laws
prohibiting discrimination by private individuals to be unconstitutional are known as
the
a. Discriminatory Laws.
b. Laws of 1883.
c. Rights of All Decisions.
d. Civil Rights Cases.
19. Segregation became the social instrument by which African-Americans were “kept in
their place” through such devices as
a. Abe’s Boys Laws.
b. Jim Crow laws.
c. the color-blind standard.
d. none of these.
20. De jure segregation means racial segregation
a. that has been eliminated by a state grand jury.
b. that is based on cultural differences.
c. of French immigrants prior to the 20th century.
d. that occurs because of laws or government decisions.
21. In 1896, the Supreme Court ruled in PLESSY V FERGUSON that
a. African-Americans are NOT defined as persons under the Constitution.
b. the government has the power to force all people to treat each other as equals.
c. schools may not practice any type of racial segregation.
d. separation of races is not a violation of the 14th Amendment's "equal protection of
the laws" clause.
22. In PLESSY V FERGUSON, the USSC upheld
a. voting rights for freed slaves.
b. Funding for public housing.
c. State laws requiring segregation.
d. Federal laws requiring segregation.
23. In PLESSY V FERGUSON, which of the following legal doctrines did the USSC find to
be consistent with the 14th Amendment’s Equal Protection Clause?
a. Jim Crowism
b. separate-but-equal
c. color blindness
d. separate accommodations rule
24. According to Dye, the initial goal of the black civil rights movement was to
a. achieve freedom for the southern slaves.
b. obtain employment opportunities for the freed slaves.
c. eliminate segregation laws, especially in education.
d. provide education opportunities for the children of slaves.
25. According to Dye, initially the strategy for the National Association for the
Advancement of Colored People (NAACP) focused on
a. enlarging the membership of the organization.
b. enlisting members from all over the nation.
c. enlisting prominent whites as members.
d. achieving the “equal” portion of the “separate, but equal” doctrine.
26. Thurgood Marshall’s goal, which went farther than the NAACP’s, was to prove that
a. black people should be included in the census count for state representation in
Congress.
b. Segregation itself was inherently unequal whether or not facilities were equal in all
tangible respects.
c. The color blind standard was antiquated and should be abolished.
d. Segregation was acceptable if blacks shared equal opportunities.
27. According to Dye, the USSC’s decision in BROWN V BOARD OF EDUCATION stimulated
black hopes and expectations and
a. started the modern black civil rights movement.
b. ended all racial discrimination.
c. began a period of reconciliation.
d. concluded a period of racial unrest.
28. In the BROWN case, the USSC did not order immediate national desegregation;
rather it required state and local authorities to proceed
a. before being ordered to do so by federal officials.
b. without any further interference from national officials.
c. with “all deliberate speed.”
d. in a manner that would conform to local, county, and state “vantage points.”
29. The South Carolina case, SWANN V CHARLOTTE-MECHLENBURG (1971), upheld
a. the elimination of Jim Crow laws in public schools.
b. supervision by federal officials in local elections.
c. equal opportunity employment in all educational levels.
d. court-ordered busing of pupils to achieve racial balance.
30. According to Dye, while the early goal of the civil rights movement was to eliminate
discrimination practiced by governments, the latter focus moved to
a. community discrimination.
b. educational discrimination.
c. employment discrimination.
d. private discrimination.
31. According to Dye, the 1960s legislation that ranks with the Emancipation
Proclamation, the 14th Amendment, and the BROWN case as one of the most
important steps toward full equality for African-Americans is the
a. Civil Rights Act of 1964.
b. Voting Rights Act of 1965.
c. Civil Rights Act of 1968.
d. Equal Rights Amendment of 1972.
32. Which of the following is NOT a provision of the 1964 Civil Rights Act?
a. unlawful to discriminate in any public accommodation
b. end discrimination in all programs receiving federal aid
c. established the Equal Employment Opportunity Commission
d. guarantee voting rights for all adult citizens
33. The last major civil rights problem addressed by the Congress in the 1968 Civil
Rights Act was discrimination in
a. education.
b. employment.
c. sale and rental of housing.
d. registering and voting in state and national elections.
34. Any program, whether enacted by a government or by a private organization, whose
goal is to overcome the results of past unequal treatment of minorities and/or
women by giving members of these groups preferential treatment in admissions,
hiring, promotions, or other aspects of life is called
a. positive action.
b. affirmative action.
c. preferential treatment.
d. special accommodations.
35. A provision of some affirmative action programs in which specific numbers or
percentages of positions are open only to minorities and/or women is a
a. proportional representation. b. quorum. c. quota. d. plurality.
36. Established by the Civil Rights Act of 1964, the agency responsible for monitoring
affirmative action programs in private employment is the
a. Quality Quota Council.
b. Equal Quota of Employees Commission.
c. Equal Quorum of Employing Agencies.
d. Equal Employment Opportunity Commission.
37. A USSC decision in 1989 made it more difficult to prove job discrimination by
requiring plaintiffs to prove that
a. they were not promoted because they were minorities.
b. Employment practices show favoritism to white males.
c. They were not reimbursed for educational expenses to upgrade their skills.
d. An employer had no business reason for requirements or tests that ad an adverse
impact on minorities and women.
38. Two of the major provisions in the 1991 Civil Rights and Women’s Equity Act were
statistical imbalances and
a. equalization of employment benefits.
b. Removal of “glass ceiling” impediments.
c. Disparate employment practices.
d. Group opportunities.
39. The current position of the federal courts on the issue of affirmative action (as it
applies to The University of Texas Law School’s admission program) is that
a. quota systems are an acceptable means to achieve racial equality.
b. The university may set aside a certain number of admission slots for minority
applicants.
c. The university may not take race into consideration in its admission practices.
d. None of these.
40. Why did the U.S. Supreme Court declare unconstitutional the provisions of the Civil
Rights Acts of 1865-1877 which made discrimination against blacks by private
actors (hotel/motel keepers, restaurant owners, and other providers of public
accommodations, etc.) illegal?
a. The 14th Amendment was not to be ratified by the States for another 100 years.
b. The members of the Supreme Court were segregationists and believed that such
discrimination preserved the supremacy of the white race.
c. The members of the Supreme Court believed that the 14th Amendment only gave
Congress the authority to prevent discrimination by the States in their official
(governmental) acts.
d. None of these.
41. Which provision of the Constitution did the Supreme Court use in cases in the 1960s
to uphold congressional efforts to prohibit discrimination by private actors?
a. the Supremacy Clause b. the necessary and proper clause
c. the interstate commerce clause d. the General Welfare clause
42. Political support for the civil rights laws has weakened because there is increasing
resentment among whites regarding
a. the number of minorities in the legal and medical fields.
b. The lack of political participation of minorities.
c. Deferential treatment of minorities.
d. Preferential treatment of minorities.
43. Which of the following was NOT among the progressive protections for women won
by activists in the early 1900s?
a. limiting number of hours of work
b. improving working conditions
c. addressing physical demands
d. increasing minimum wage
44. In the early 20th century, the feminist movement concentrated on women’s suffrage,
or the
a. attempt to reduce the suffering of women in the workplace.
b. requirement for women to be subordinate to men.
c. drive to guarantee women the right to vote.
d. push to expand women’s admittance into traditional male professions.
45. As a result of the failure to ratify the Equal Rights Amendment, today, women are
dependent upon the
a. sensitivity of elected officials.
b. Laws of Congress.
c. Changing interpretations of the male Supreme Court justices.
d. Revision attempts of state constitutions.
46. The argument that pay levels for traditionally male and traditionally female jobs
should be equalized by paying equally all jobs that are “worth about the same” to an
employer is referred to as
a. direct discrimination. b. comparable worth. c. equal compensation.
d. compensatory compensation.
47. The “invisible” barriers to women rising to the highest positions in corporations and
the professions is called the
a. pink ladder. b. frilly office. c. glass ceiling. d. slippery floor.
48. Which of the following is true of social regulatory politics according to Tatalovich and
Daynes?
1. Interest groups tend to promote uncompromising, absolutist positions on social
regulatory issues.
2. Courts have a tendency to decide cases in favor of individual liberties at the
expense of broader community values.
3. Presidents generally play an important role in the formation of substantive social
regulatory policies.
4. Congress has a tendency to pass legislation supporting broader community
values at the expense of individual liberties.
5. The fact of federalism in the American political system makes the enforcement of
social regulatory policies more predictable and consistent.
a. 1, 2, and 3
b. 1, 2, and 4
c. 1, 2, 4, and 5
d. 1, 3, and 5
49. Which of the following was NOT indicated in class discussion as a variable that
helps explain a country’s human rights rating (record)?
a. gross national product per capita (GNPPC), as a measure of a country’s relative
wealth
b. human development index (HDI), as a measure of a country’s quality of life
c. the nature of a country’s political system (MPS or RPS), indicating whether the
country has a multi-party system, a restrictive party system, or is a dictatorship or
theocracy
d. hemisphere (HEMIS), indicating whether the country is located in the northern or
southern hemisphere.
50. Based on our in-class discussion of comparative human rights ratings, which of the
following hypotheses appears to be supported by the data?
a. Countries with higher relative wealth are likely to have higher human rights ratings
than poorer countries, all other things being equal.
b. Countries with multi-party systems have the highest human rights ratings, all
other things being equal.
c. Countries in which the majority of the population is included in the major activities
of their economies are likely to have higher human rights ratings than those in
which a majority of the population is outside the major activities of the economy,
all other things being equal.
d. Military dictatorships and Islamic theocracies have the poorest human rights
ratings, all other things being equal.