PoliSci Chpt 4

In Roe v. Wade(1973), one of the most significant Supreme Court rulings of the twentieth century, the majority of the court cited the right to privacy to protect a woman's right to a(n)

abortion

According to the Fourteenth Amendment, we are all entitled to certain civil liberties under the Equal Protection Clause. This means that

you cannot be legally discriminated against.

Civil liberties provide all citizens with fundamental liberties such as freedom of speech, although none of these rights is absolute. Where would you find freedom of speech in the U.S. Constitution

The Bill of Rights

The First Amendment of the Constitution guarantees citizens all of the following civil protections EXCEPT

calling for violent revolution

It's a myth that significant numbers of guilty people go free by exercising their right to ______ when questioned by police

remain silent

The right to privacy recently has been extended to support the rights of adults to

engage in sex with individuals of the same gender

Freedom of speech is guaranteed by the First Amendment, but that guarantee is not absolute. Which of the following kinds of speech is NOT protected by the Constitution

Hate speech

As editor of the weekly campus paper, you need to decide whether or not to print an article that's highly critical of a senator from your state. Can you print the article without legal repercussion?

Yes, freedom of the press is protected by the First Amendment

The right to privacy is implicitly written into the Constitution. Which of the following rights to privacy is NOT protected

Privacy of the voting records of members of Congress

The American Civil Liberties Union group on your campus has organized a protest against capital punishment. What civil liberties issue are they basing their protest on?

The Eighth Amendment's prohibition against cruel and unusual punishment

While criminal suspects may confess to a crime of their own free will, they are protected against coerced or forced confessions, something known as

compelled self-incrimination

When you asked your roommate if he ate your leftover pizza, he responded that he pleads the Fifth. What Fifth-Amendment right is he invoking?

He is avoiding self-incrimination

You may read one of the many political blogs on the Web. The right to publish opinions critical of the government flows from __________________, the supreme law of the United States

the U.S. Constitution

WikiLeaks released classified documents about the Afghanistan War. The U.S. government tried to stop this information from being published. If the government had been successful, what would this be called?

Prior restraint

The most common civil liberty used daily by the citizens of advanced industrial societies, such as England, Sweden, Germany, and the United States, is

free speech

When the national anthem is sung at the start of a baseball game, are you required by law to salute the flag?

no due to the first amendment

In most cases, law-enforcement officials cannot enter your home without your permission. They need an order from a judge authorizing the search, which is called a(n)

a warrent

Civil liberties set limits on government's powers to control the lyrics in songs

True

Criminal suspects have the right to a speedy trial.

True

The Constitution guarantees freedom of religion.

True

According to the Constitution, a person is protected from being searched by the police

False

There is no amendment in the Constitution that expressly guarantees your privacy

True

According to the Constitution you can legally hold a demonstration or protest even if it criticizes the government

True

In most cases the government can prevent certain information or viewpoints from being published.

False

Were an employer to test your religious faith at a job interview, she would be in violation of the First Amendment

True

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redre

Second Amendment

Right to keep and bear arms

Which activity would not be covered under the free exercise clause of the First Amendment

Not complying with neutral and general laws

The U.S. Supreme Court has upheld the use of symbolic speech by students except in the case of

holding up a banner that said "Bong Hits for Jesus" on the sidewalk outside a high school.

Capital punishment represents the primary battleground for debating the meaning of

the Eighth-Amendment prohibition against cruel and unusual punishment

Constitutional protections against self-incrimination and prohibitions on double jeopardy can be found in the

Fifth Amendment

The Constitutional-interpretation perspective which prohibits the government from providing support for religion and associated activities, is usually referred to as

separationist.

The test used to determine the constitutionality of state activities in the context of the establishment clause is known as the

Lemon Test

The Supreme Court has ruled that all of the following violate the establishment clause EXCEPT

posting the Ten Commandments inside a courthouse.

In protecting freedom of speech, the courts have historically

viewed limits on free speech rights suspiciously

With respect to freedom of speech, the U.S. Supreme Court's 1919 decision in Schenck v. United States case set what important precedent?

The clear and present danger test

The U.S. Supreme Court doctrine that allows the government to prohibit and prosecute expressions that constitute insults likely to provoke violence of an immediate breach of the peace is known as

the fighting words doctrine

The constitutionality of prior restraint was challenged in the case of

New York Times Company v. United States

Which of the following statements about reporter's privilege is true

While some states have passed shield laws, federal courts have refused to recognize a constitutional privilege nationwide

A judicial order authorizing a search or arrest as required by the Fourth Amendment is known as a

warrent

The expansion of the exclusionary rule to all police officers throughout the nation was enacted as a result of the U.S. Supreme Court's decision in the case of

Mapp v. Ohio.

Double jeopardy refers to prohibitions against

being tried twice for the same crime

The Supreme Court has interpreted the Sixth Amendment guarantee of a "speedy trial" as meaning a trial

within an unspecified period of time

Until 1968, the right to a trial by jury in the United States applied only to

federal trials

A proceeding in which the verdict is determined by a judge without a jury is known as a

bench trial

Since Roe v. Wade, abortion rights

have largely been upheld, though the Supreme Court has narrowed them slightly by permitting some state regulations

Roe v. Wade blocked states from

prohibiting or severely restricting abortion

The right to privacy is explicitly protected in the Bill of Rights

False

The courts have rejected attempts by the government to impose limits on free speech by requiring that speech acts take place at a reasonable time, place, and manner

false

Obscenity is considered constitutionally protected free expression

false

In its 2003 decision in Lawrence v. Texas, the U.S. Supreme Court declared laws that criminalize homosexual behavior to be unconstitutional

true

Trials leading to death-penalty convictions have been shown to be virtually error free

false

Until 1968, it was not mandatory that defendants in state trials be allowed a trial by

jury

According to the Supreme Court, written or spoken words are considered obscene if they violate

community standards

Which of the following is NOT a right guaranteed by the Sixth Amendment

The right to remain silent

The _____ clause can be characterized as providing freedom from religion

establishment

The Supreme Court considers all of the following to be examples of constitutionally protected "free exercise" of religion EXCEPT

prayer read by students over the loudspeaker before public-school sporting events.

The potential for tension between the establishment clause and the free-exercise clause is demonstrated by questions about

prayer in public schools

The test used to determine if government restrictions on free speech acts are constitutional is the

clear and present danger test

In the context of constitutional law, prior restraint refers to laws intended to

prevent the publication of sensitive information.

A slim majority of Supreme Court justices ruled that burning the flag is protected by Constitution because it is a form of __________ speech.

symbolic

The exclusionary rule was first applied in the case of

Weeks v. United States

The exclusionary rule excludes

evidence that was improperly obtained from being used in court

The right of a defendant to be in the courtroom when someone testifies against him or her is generally referred to as the right of

confrontation

In ___________, the defense attorney arranges with the prosecuting attorney for the defendant to present himself or herself as guilty in exchange for a lighter sentence.

plea-barganing

All of the following are government restrictions on free speech that have been ruled constitutional by the Supreme Court EXCEPT

preventing speech that is overly critical of government officials

The theory that the First, Third, Fourth, and Fifth Amendments establish a "zone of privacy " was first articulated by Justice William Douglas in the case of

Griswold v. Connecticut.

In its reexamination of the Roe v. Wade decision in Planned Parenthood v. Casey (1992), the Supreme Court majority

affirmed the basic decision in Roe v. Wade, while allowing for state abortion regulations that do not pose an quot;undue burden" on women's choices.

Which of the following cases does NOT deal with First-Amendment protections of freedom of speech?

Mapp v. Ohio

Which of the following types of evidence would NOT be ruled out on the basis of the exclusionary rule

Evidence obtained through a traffic stop without the consent of the driver

The vast majority of criminal convictions do not involve an actual trial

true

Between 1972 and 1976, the death penalty was suspended in the United States

true

Political speech is subject to greater restrictions than other forms of speech

false

The Second Amendment provides protection against illegal search and seizure.

false

Reporters who refuse to cooperate with criminal investigations by discussing their sources have sometimes been charged with contempt of court

true

The Supreme Court has upheld the right of the state of Texas to keep a Ten Commandments monument on the grounds of the state capitol

true

Commercial speech is subject to more regulation than political speech

true