Civil liberties declare what the government
a. should do.
b. must do or provide.
Civil rights declare what the government
a. should do. b. must do or provide.
c. cannot do.
c. cannot do.
d. none of these.
d. none of these.
Actions other than speech itself, but which are still protected by the 1st Amendment
because they constitute political expression, are called
a. action freedom.
b. symbolic action.
c. symbolic speech.
d. demonstrative speech.
Words that “ordinary men know are likely to cause a fight” have been defined by the
Supreme Court as
a. “hot” words doctrine.
b. fighting words doctrine.
c. provoking words doctrine.
d. volatile words rule.
In libel cases dealing with public officials, the Supreme Court has ruled that the officials
must prove that the statements about them are not only false and damaging, but
also that they are
a. detrimental to their political careers.
b. harmful to their families’ reputations.
c. done to improve an opponent’s campaign.
d. made with actual malice.
The Bill of Rights originally limited
a. the power of the central government.
b. the power of the state governments.
c. the rights of the people in each state.
d. both the power of the central government and the state governments.
According to Ruth Ann Strickland, which of the following was among the actions taken
by President Clinton with respect to the abortion issue?
a. overturned the “gag rule” which prohibited clinics that received federal funding
from providing counseling or information about abortion services
b. lifted the ban on RU486 (the so-called abortion pill)
c. lifted the ban on fetal tissue research
d. all of these were actions taken by Clinton
According to Ruth Ann Strickland, which of the following was TRUE of public opinion in
the1990s with respect to the abortion issue?
a. a majority of Americans support a woman’s right to obtain an abortion for any
reason
b. a majority of Americans oppose parental consent requirements for minor females
seeking abortions
c. a majority of Americans cast their votes for political candidates based solely on
the candidates’ position on the abortion issue
d. a majority of Americans oppose a constitutional amendment to ban abortions
According to the articles by Lawrence and Rauch, the Supreme Court’s decision in
R.A.V. v St. Paul held which of the following violates the free speech clause of the
1st Amendment?
a. a decision by a university board of regents to enforce a code of “politically correct”
speech.
b. a dress code in a public school system that prohibits students from wearing “gang
colors.”
c. a local law punishing anyone who displays symbols attacking people because of
their race, color, creed, religion, or gender.
d. a city ordinance that imposes fines on anyone making obscene gestures or using
profanity in public.
Which of the following is NOT among the dominant interpretations of the Establishment
Clause?
a. Government may not establish an official religion.
b. Government may not aid one religion over another.
c. There must be an absolute wall of separation between church and state.
d. There must not be even a mention of religious matters in public places.
Most of the basic freedoms embraced by the Bill of Rights have been "incorporated"
(protected against state and local government interference) during the 20th Century
by the Supreme Court's interpretation of the
a. 9th Amendment.
b. 14th Amendment.
c. 15 Amendment.
d. Supremacy Clause.
In the United States, freedom of religion consists of two principle precepts, the
a. acknowledgment of God and the right to pray.
b. freedom to worship and the right of government to acknowledge the true faith.
c. power of government to regulate religion and the right or religious people to gain
political power.
d. none of these.
The 3-part test for determining whether a particular law constitutes “establishment” of
religion and thus violates the 1st Amendment is called the
a. Apple Test. b. Lemon Test. c. Eden Test. d. Garden Test.
In determining what restraints may be placed on the exercise of religious freedom, the
United States Supreme Court has distinguished between
a. religious practices on the one hand and religious behaviors on the other hand.
b. religious behaviors on the one hand and public safety on the other hand.
c. religious faith on the one hand and religious beliefs on the other hand.
d. religious beliefs on the one hand and religious practices on the other hand.
In LEMON V KURTZMAN the USSC ruled that in order for a statute to be consistent with
the Establishment Clause of the 1st Amendment
a. the statute must have a secular purpose.
b. the primary effects of the statute must be to neither advance nor inhibit religion.
c. the statute must not excessively entangle government and religion.
d. all of these.
According to Ted Jelen (“God or Country: Debating Religion in Public Life”), an
accommodationist interpretation of the Establishment Clause would
a. prohibit even very general assistance to religion.
b. regard a strict boundary between church and state as beneficial to both.
c. prevent government from extending preferential treatment to any particular
religion but that government is not required to be neutral between religion and
non-religion.
d. none of these.
With respect to the free exercise of religion, which group would argue that religious
practices can be regulated when they violate the moral or religious sensibilities of
popular majorities (as in the City of Hialeah animal sacrifice case)?
a. accommodationists b. separationists c. communalists d. libertarians
According to Jelen, Congress, reflecting the views of popular majorities, tends to take
a(n) _________ stance with respect to the Establishment Clause while decisions of
the Supreme Court tend to reflect a(n) __________ view.
a. separationist; accommodationist
b. accommodationist; separationist
c. accommodationist; communalist
d. separationist; communalist
In 1982, the Supreme ruled on a case (MCCLEAN V ARKANSAS) concerning an Arkansas
law which required public schools to teach the biblical story of creation alongside the
concept of evolution. The Supreme Court
a. refused to hear the case based on the doctrine of “political evolution.”
b. indicated that the law does not violate either the U.S. or the Arkansas state
constitution.
c. held that the state must allow differing views on the topic other than just creation
versus evolution.
d. declared the law unconstitutional because it appeared to support religion.
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.
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 freedoms.
b. primary freedoms.
c. first class freedoms.
d. preferred freedoms.
The right to privacy is based on
a. the concept that all men are created equal.
b. the rights set forth in Article I, sections 9 and 10 of the Constitution.
c. the concept that the Constitution's omission of specific mention of the right to
privacy does not mean that this right is denied.
d. the 27th Amendment which stipulates that all people have certain rights over
which the federal government has no authority.
In which case did the Supreme Court first embrace a constitutional right to privacy?
a. ROE V WADE
b. ENGEL V VITALE
c. GRISWOLD V. CONNECTICUT
d. BOWERS V HARDWICK
The case alluded to in question #43 involved a
a. New York state law that prohibited students from praying at any time during the
school day.
b. Georgia state law that made the act of sodomy a crime.
c. Texas state law that made abortions illegal except in cases where the pregnant
woman's life was in jeopardy.
d. Connecticut state law which made it illegal to either use contraceptives or to
counsel the use of contraceptives.
In the view of the Supreme Court, the right to privacy is apparently broad enough to
encompass all of the following EXCEPT:
a. a women's decision whether or not to terminate her pregnancy.
b. a married couple's decision whether or not to use birth control.
c. a person's decision regarding sexual preference (to be a homosexual).
d. the relationship between a woman and her health care provider.
The Supreme Court relied on the "penumbras" of the Bill of Rights to elucidate a
constitutional right to privacy. Which provisions of the Bill of Rights were relevant to
the Supreme Court's reasoning?
a. the 1st Amendment's right to peaceable assembly provision
b. the 6th Amendment's right to counsel provision
c. the 2nd Amendment's right to bear arms provision
d. all of the above
According to the Supreme Court in ROE V WADE (1973), a state may make which of the
following restrictions on abortions?
a. During the first trimester, the state can prohibit abortions for reasons relating to
the pregnant woman’s health.
b. Beginning at the start of the second trimester, the state must prohibit all abortions.
c. During the third trimester, the state cannot stop the abortion but can require that
the pregnant woman receive counseling designed to discourage the procedure.
d. At the point of viability, the state’s interest in protecting potential life becomes
compelling enough that it may outlaw abortions.
The right-to-die question
a. has yet to be covered under the "umbrella" of the right to privacy by the U.S.
Supreme Court.
b. has been covered under the "umbrella" of the right to privacy by the U.S.
Supreme Court in the Karen Ann Quinlan case (IN RE QUINLAN).
c. is limited in judicial proceedings by the doctrine of habeas corpus.
d. is no longer an issue in most states.
In 1989, the Supreme Court ruled in WEBSTER V REPRODUCTIVE HEALTH SERVICES that
states may
a. ban the use of public hospitals for abortions.
b. bar public employees from assisting in abortions.
c. require viability tests on fetuses thought to be past 20 weeks.
d. all of the above.
In PLANNED PARENTHOOD V CASEY (1992), the Supreme Court ruled that states have the
authority to require
a. a 24-hour waiting period for women seeking an abortion.
b. that women seeking an abortion receive specific counseling designed to
discourage the abortion.
c. parental consent for minors seeking an abortion.
d. all of these.
27. Civil liberties declare what the government
a. should do.
b. must do or provide.
c. cannot do.
d. none of these.
29. When we speak of civil liberties in the U.S., we are mostly referring to the
a. basic rights set forth by God which no government can deny.
b. rights of the criminally-accused set forth in Article I, sections, 9 and 10 of the
Constitution.
c. rights of ethnic minorities to go to court in order to restrain unfair policies.
d. negative constraints on government outlined in the first 10 Amendments to the
Constitution.
30. As originally presented in the Constitution, the Bill of Rights
a. limited only the power of the national government, not that of the states.
b. protected citizens from all levels of government.
c. protected citizens from national and state governments, but not from local
governments.
d. limited only the power of the states.
31. Most of the basic freedoms embraced by the Bill of Rights have been "incorporated"
(protected against state and local government interference) during the 20th Century
by the Supreme Court's interpretation of the
a. 9th Amendment.
b. 14th Amendment.
c. 15 Amendment.
d. Supremacy Clause.
33. In the United States, freedom of religion consists of two principle precepts, the
a. acknowledgment of God and the right to pray.
b. freedom to worship and the right of government to acknowledge the true faith.
c. power of government to regulate religion and the right or religious people to gain
political power.
d. none of these.
34. The Lemon test (LEMON V KURTZMAN) requires that in order for a statue to be
consistent with the Establishment Clause of the 1st Amendment
a. the statute must have a secular purpose.
b. the primary effects of the statute must be to neither advance nor inhibit religion.
c. the statue must not excessively entangle government and religion.
d. all of these.
36. In 1982, the Supreme ruled on a case (MCCLEAN V ARKANSAS) concerning an
Arkansas law which required public schools to teach the biblical story of creation
alongside the concept of evolution. The Supreme Court
a. refused to hear the case based on the doctrine of “political evolution.”
b. indicated that the law does not violate either the U.S. or the Arkansas state
constitution.
c. held that the state must allow differing views on the topic other than just creation
versus evolution.
d. declared the law unconstitutional because it appeared to support religion.
37. In 1985, the Supreme Court struck down as unconstitutional an Alabama law
(WALLACE V JAFFREE) authorizing one minute of silence in all public schools for
prayer or meditation because
a. the law appeared to support religion.
b. it did not apply to private schools as well as public schools.
c. most Alabama schools were not complying with official prayer guidelines passed
by Congress.
d. the law was not approved by Congress prior to its enactment.
38. 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.
39. 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.
40. 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.
41. 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.
42. 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.
43. The right to privacy is based on
a. the concept that all men are created equal.
b. the rights set forth in Article I, sections 9 and 10 of the Constitution.
c. the concept that the Constitution's omission of specific mention of the right to
privacy does not mean that this right is denied.
d. the 27th Amendment which stipulates that all people have certain rights over
which the federal government has no authority.
46. In the view of the Supreme Court, the right to privacy is apparently broad enough to
encompass all of the following EXCEPT:
a. a women's decision whether or not to terminate her pregnancy.
b. a married couple's decision whether or not to use birth control.
c. a person's decision regarding sexual preference (to be a homosexual).
d. the relationship between a woman and her health care provider.
47. The Supreme Court relied on the "penumbras" of the Bill of Rights to elucidate a
constitutional right to privacy. Which provisions of the Bill of Rights were relevant to
the Supreme Court's reasoning?
a. the 1st Amendment's right to peaceable assembly provision
b. the 6th Amendment's right to counsel provision
c. the 2nd Amendment's right to bear arms provision
d. all of the above
48. According to the Supreme Court in ROE V WADE (1973), a state may make which of
the following restrictions on abortions?
a. During the first trimester, the state can prohibit abortions for reasons relating to
the pregnant woman’s health.
b. Beginning at the start of the second trimester, the state must prohibit all abortions.
c. During the third trimester, the state cannot stop the abortion but can require that
the pregnant woman receive counseling designed to discourage the procedure.
d. At the point of viability, the state’s interest in protecting potential life becomes
compelling enough that it may outlaw abortions.
49. The right-to-die question
a. has yet to be covered under the "umbrella" of the right to privacy by the U.S.
Supreme Court.
b. has been covered under the "umbrella" of the right to privacy by the U.S.
Supreme Court in the Karen Ann Quinlan case (IN RE QUINLAN).
c. is limited in judicial proceedings by the doctrine of habeas corpus.
d. is no longer an issue in most states.
50. Limits on the conduct of police and prosecutors include no
a. questions of individuals until they are taken into custody (arrested).
b. search without an arrest warrant.
c. detention without a minimal bail.
d. all of the above.
51. A defendant's pre-trial rights include the right to
1. be confronted with witnesses. 2. legal representation in preparing a defense.
3. remain silent. 4. have an attorney present during in-custody questioning.
5. be protected against double jeopardy.
a. all of these
b. none of these
c. 1, 3 & 5
d. 2, 3 & 4
52. The exclusionary rule is a policy
a. forbidding the admission of illegally seized evidence.
b. which prohibits the arresting officer from serving as a character witness at a
hearing or a trial.
c. which prohibits the detention of a suspect for more than 48 hours without formal
charges being filed.
d. none of the above.
53. Suppose the police take a suspect into custody for questioning. Which of the
following would hold?
1. The suspect is entitled to have an attorney present during questioning.
2. The suspect has the right to refuse to answer questions.
3. If the police release the suspect without filing criminal charges, they are prevented
from taking the person into custody later.
4. If the suspect confesses to the crime, even after he has been read his Miranda
rights, the state cannot use the confession to prosecute the suspect.
5. The suspect is entitled to a court-appointed attorney at the state’s expense if he
cannot afford to pay for his own legal counsel.
a. all of the above b. 1 and 2 c. 1, 2, and 4 d. 1, 2, and 5
54. Civil rights declare what the government
a. should do. b. must do or provide. c. cannot do.
d. none of these.
57. 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
58. Which "test" developed by the Supreme Court limits the ability of a person to claim
protection of their religious practices under the 1st Amendment's Free Exercise
Clause?
a. the Lemon test b. the bad tendency test c. the clear and present danger test
d. the valid secular test
59. In 1989, the Supreme Court ruled in WEBSTER V REPRODUCTIVE HEALTH SERVICES
that states may
a. ban the use of public hospitals for abortions.
b. bar public employees from assisting in abortions.
c. require viability tests on fetuses thought to be past 20 weeks.
d. all of the above.
60. In PLANNED PARENTHOOD V CASEY (1992), the Supreme Court ruled that states have
the authority to require
a. a 24-hour waiting period for women seeking an abortion.
b. that women seeking an abortion receive specific counseling designed to
discourage the abortion.
c. parental consent for minors seeking an abortion.
d. all of these.