Like all other rights, the right of free expression is
  • of free speech.
  • written word.
  • not absolute.
  • The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.
The Miranda warning was upheld by the Supreme Court in 2000 in
  • the establishment clause.
  • The Act prohibited malicious newspaper stories about the president.
  • Dickerson v. United States.
  • Zelman v. Simmons-Harris.
The Supreme Court upheld the use of tax-supported vouchers to attend private or parochial school in
  • Zelman v. Simmons-Harris.
  • The Act prohibited malicious newspaper stories about the president.
  • Roe v. Wade
  • Engel v. Vitale (1962).
Which of the following amendments contains a due process clause?
  • Russia
  • texas
  • the judiciary
  • 14th
Which of the following is the only country that comes close to the United States in terms of the percentage of its citizens who are behind bars?
  • 14th
  • Obscenity is not protected by the First Amendment.
  • Russia
  • The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.
Explain the concept of prior restraint of the press. Include one example of how the Supreme Court has ruled on this issue
  • Samuel Alito.
  • the judiciary
  • Selective incorporation refers to the absorption of certain provisions of the Bill of Rights, including freedom of speech and press, into the Fourteenth Amendment. These rights are thereby protected from infringement by the states. After the Civil War, the Fourteenth Amendment was debated in Congress. There was no indication its framers intended it to protect First Amendment rights, such as freedom of speech and press, from state action. Seventy years later, the Supreme Court invoked the Fourteenth Amendment's due process clause in a free speech case, which was followed by a series of cases that established the process of selective incorporation. In doing so, the Court declared certain rights to be a fundamental part of democratic society and, therefore, to be protected from state intervention. At first, the Court included only free expression rights in its interpretation. In the 1960s, selective incorporation was used also to protect fair trial rights.
  • Prior restraint is government prohibition of speech or publication before the fact. The Supreme Court has ruled it unconstitutional, except in extreme circumstances of national security or public safety, as an illegal restraint on free expression. The burden of proof in such instances is on the government: it must clearly show that a grave danger would result from the publication. The doctrine of prior restraint was detailed in New York Times Co. v. United States (1971).
The Lemon test is designed to
  • ensure the secular nature of a government action.
  • allowing the prosecution an unlimited number of challenges in capital cases
  • clear and present danger
  • grants the government new powers of surveillance, relaxed restrictions on the sharing of intelligence surveillance information with criminal investigators, gives intelligence agencies the authority to share crime-related information with law enforcement agencies, was enacted in response to the terrorist attacks of September 11, 2001.
"You have the right to remain silent....Anything you say can and will be used against you in a court of law....You have the right to an attorney." This is called
  • do have the right to a judicial hearing.
  • of free speech.
  • the Miranda warning.
  • slander
The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by
  • ensure the secular nature of a government action.
  • governments had observed procedural guarantees.
  • actions of state and local governments.
  • allowing the prosecution an unlimited number of challenges in capital cases
The freedoms of speech, press, assembly, and petition are found in
  • reaffirmed the essential aspects of Roe v. Wade.
  • first amendment
  • a federal law that bars in most instances a second federal appeal by a state prison inmate
  • The Act prohibited malicious newspaper stories about the president.
________ has executed more convicted criminals in the past quarter century than any other state.
  • Russia
  • slander
  • texas
  • the judiciary
Voluntary school prayer in the public schools was ruled unconstitutional in
  • Dickerson v. United States.
  • a federal law that bars in most instances a second federal appeal by a state prison inmate
  • Zelman v. Simmons-Harris.
  • Engel v. Vitale (1962).
Since the 1980s, the Supreme Court has addressed the exclusionary rule by
  • None of these answers is correct.
  • restrict speech that threatens national security.
  • freedom of expression.
  • the government can clearly justify the restriction.
Which constitutional amendment protects the individual against self-incrimination?
  • 5th
  • 4th
  • the right to privacy did not extend to consensual sexual relations among adults of the same sex.
  • allowing the prosecution an unlimited number of challenges in capital cases
Which of the following is correct with regard to obscenity and the law?
  • restrict speech that threatens national security.
  • 14th
  • Obscenity is not protected by the First Amendment.
  • the implication of said right by the freedoms in the Bill of Rights..
In the Constitution, procedural due process is protected by the
  • of free speech.
  • 4-6th, 14th
  • 14th
  • written word.
The USA Patriot Act
  • ensure the secular nature of a government action.
  • unreasonable searches.
  • grants the government new powers of surveillance, relaxed restrictions on the sharing of intelligence surveillance information with criminal investigators, gives intelligence agencies the authority to share crime-related information with law enforcement agencies, was enacted in response to the terrorist attacks of September 11, 2001.
  • The Supreme Court has typically let Congress and the state legislatures determine the appropriate penalties for crime. It has upheld some challenged state punishments in high profile cases, and some states continue to have extremely high incarceration and execution rates. With regard to the death penalty, however, the Court has placed some limits on states' ability to execute prisoners, particularly mentally retarded and juvenile ones.
In the case of McNabb v. United States, Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether
  • furnish attorneys for poor defendants in felony cases.
  • criminal proceedings in the states.
  • the right to privacy did not extend to consensual sexual relations among adults of the same sex.
  • governments had observed procedural guarantees.
In Schenck v. United States (1919), the Supreme Court ruled that
  • speech could be restricted when the nation's security is at stake.
  • furnish attorneys for poor defendants in felony cases.
  • unreasonable searches.
  • 4th
Gideon v. Wainwright required the states to
  • 4th
  • furnish attorneys for poor defendants in felony cases.
  • governments had observed procedural guarantees.
  • evidence obtained illegally is inadmissible in court.
Libel applies to defamation of an individual's reputation through the
  • 4-6th, 14th
  • written word.
  • the judiciary
  • not absolute.
Explain the concept of procedural due process and list several of the procedural rights protected by the Constitution. Do these rights apply to all levels of government? Explain.
  • Russia
  • Procedural due process refers to procedures or methods that government must follow before a person can legally be deprived of life, liberty, or property. The U.S. Constitution offers procedural safeguards designed to protect a person from wrongful arrest, conviction, and punishment. These procedures include prohibitions on unreasonable search and seizure, self-incrimination, double jeopardy, and excessive bail or fine, and include guarantees of legal counsel, jury trial, speedy trial, and the confrontation of witnesses. These rights apply to the federal government through the Bill of Rights and have been extended to cover state action by selective incorporation through the Fourteenth Amendment.
  • Samuel Alito.
  • The establishment clause has been interpreted by the courts as meaning that the government may not favor one religion over another or support religion over no religion at all. Thus, a wall of separation must be maintained between church and state. The free exercise clause means that Americans are free to hold any religious beliefs they want, although they are not always free to act on their beliefs. The Supreme Court has allowed government interference when the exercise of religious belief conflicts with otherwise valid law.
The Fourth Amendment protects Americans from
  • unreasonable searches.
  • clear and present danger
  • furnish attorneys for poor defendants in felony cases.
  • grants the government new powers of surveillance, relaxed restrictions on the sharing of intelligence surveillance information with criminal investigators, gives intelligence agencies the authority to share crime-related information with law enforcement agencies, was enacted in response to the terrorist attacks of September 11, 2001.
What is the greatest restriction on appeals in the United States?
  • a federal law that bars in most instances a second federal appeal by a state prison inmate
  • Roe v. Wade
  • The Act prohibited malicious newspaper stories about the president.
  • Dickerson v. United States.
The exclusionary rule states that
  • governments had observed procedural guarantees.
  • unreasonable searches.
  • evidence obtained illegally is inadmissible in court.
  • furnish attorneys for poor defendants in felony cases.
According to the Supreme Court, prior restraint on the press is only acceptable if
  • when it can demonstrate that harmful acts will necessarily result from the rally
  • None of these answers is correct.
  • Obscenity is not protected by the First Amendment.
  • the government can clearly justify the restriction.
The inclusion of certain provisions of the Bill of Rights in the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called
  • the judiciary
  • selective incorporation.
  • Selective incorporation refers to the absorption of certain provisions of the Bill of Rights, including freedom of speech and press, into the Fourteenth Amendment. These rights are thereby protected from infringement by the states. After the Civil War, the Fourteenth Amendment was debated in Congress. There was no indication its framers intended it to protect First Amendment rights, such as freedom of speech and press, from state action. Seventy years later, the Supreme Court invoked the Fourteenth Amendment's due process clause in a free speech case, which was followed by a series of cases that established the process of selective incorporation. In doing so, the Court declared certain rights to be a fundamental part of democratic society and, therefore, to be protected from state intervention. At first, the Court included only free expression rights in its interpretation. In the 1960s, selective incorporation was used also to protect fair trial rights.
  • Samuel Alito.
Discuss the differences between the First Amendment's establishment and free exercise clauses.
  • The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.
  • The establishment clause has been interpreted by the courts as meaning that the government may not favor one religion over another or support religion over no religion at all. Thus, a wall of separation must be maintained between church and state. The free exercise clause means that Americans are free to hold any religious beliefs they want, although they are not always free to act on their beliefs. The Supreme Court has allowed government interference when the exercise of religious belief conflicts with otherwise valid law.
  • the judiciary
  • Obscenity is not protected by the First Amendment.
The establishment clause prohibits government from
  • favoring one religion over another or supporting religion over no religion.
  • allows the use of evidence that would have been discovered regardless by other means or through other forms of evidence.
  • the implication of said right by the freedoms in the Bill of Rights..
  • after the suspect has been warned that his or her words can be used as evidence
Government can lawfully prevent a political rally from taking place
  • Public officials can regulate the time, place, and conditions of public assembly, provided the regulations are reasonable
  • when it can demonstrate that harmful acts will necessarily result from the rally
  • Obscenity is not protected by the First Amendment.
  • are constitutionally protected from infringement by government
How did the Supreme Court's position on the rights of the accused in state courts change in the 1960s?
  • first amendment
  • The Supreme Court began to protect the rights of the accused from action by the states.
  • Zelman v. Simmons-Harris.
  • a federal law that bars in most instances a second federal appeal by a state prison inmate
The conviction of members of the U.S. Communist Party in the early 1950s was initially upheld as a lawful restriction of the right
  • 4-6th, 14th
  • the judiciary
  • of free speech.
  • selective incorporation.
What is meant by selective incorporation? Discuss the history of this process and its importance to the protection of individual rights.
  • the Miranda warning.
  • the judiciary
  • Russia
  • Selective incorporation refers to the absorption of certain provisions of the Bill of Rights, including freedom of speech and press, into the Fourteenth Amendment. These rights are thereby protected from infringement by the states. After the Civil War, the Fourteenth Amendment was debated in Congress. There was no indication its framers intended it to protect First Amendment rights, such as freedom of speech and press, from state action. Seventy years later, the Supreme Court invoked the Fourteenth Amendment's due process clause in a free speech case, which was followed by a series of cases that established the process of selective incorporation. In doing so, the Court declared certain rights to be a fundamental part of democratic society and, therefore, to be protected from state intervention. At first, the Court included only free expression rights in its interpretation. In the 1960s, selective incorporation was used also to protect fair trial rights.
The term "civil liberties" refers to specific individual rights that
  • restrict speech that threatens national security.
  • are constitutionally protected from infringement by government
  • The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.
  • prior restraint should apply only in rare circumstances, and it is better to hold the press responsible for what it has printed than to restrict what it may print.
In the Johnson flag-burning case, the Supreme Court ruled that
  • flag burning, although offensive, cannot be prohibited.
  • Dickerson v. United States.
  • The Act prohibited malicious newspaper stories about the president.
  • The Supreme Court began to protect the rights of the accused from action by the states.
Spoken words that are known to be false and harmful to a person's reputation are an example of
  • Russia
  • 4-6th, 14th
  • freedom of expression.
  • slander
The right to counsel is guaranteed by the ________ Amendment.
  • the establishment clause.
  • prior restraint should apply only in rare circumstances, and it is better to hold the press responsible for what it has printed than to restrict what it may print.
  • 6th
  • 4-6th, 14th
How has the Supreme Court interpreted the Eighth Amendment's prohibition against cruel and unusual punishment in recent years? Explain.
  • The Supreme Court has typically let Congress and the state legislatures determine the appropriate penalties for crime. It has upheld some challenged state punishments in high profile cases, and some states continue to have extremely high incarceration and execution rates. With regard to the death penalty, however, the Court has placed some limits on states' ability to execute prisoners, particularly mentally retarded and juvenile ones.
  • allowing the prosecution an unlimited number of challenges in capital cases
  • ensure the secular nature of a government action.
  • governments had observed procedural guarantees.
According to the Supreme Court, prayer in public schools violates
  • The establishment clause has been interpreted by the courts as meaning that the government may not favor one religion over another or support religion over no religion at all. Thus, a wall of separation must be maintained between church and state. The free exercise clause means that Americans are free to hold any religious beliefs they want, although they are not always free to act on their beliefs. The Supreme Court has allowed government interference when the exercise of religious belief conflicts with otherwise valid law.
  • Public officials can regulate the time, place, and conditions of public assembly, provided the regulations are reasonable
  • None of these answers is correct.
  • the establishment clause.
Which of the following is true about the Sedition Act of 1798?
  • The Act prohibited malicious newspaper stories about the president.
  • Zelman v. Simmons-Harris.
  • first amendment
  • First Amendment rights are the basis of most other rights.
The inevitable discovery exception
  • has generally protected symbolic speech, though less substantially than it has protected verbal speech.
  • after the suspect has been warned that his or her words can be used as evidence
  • allows the use of evidence that would have been discovered regardless by other means or through other forms of evidence.
  • The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.
If a person yells "fire" in a crowded theater when there is no fire, and people are hurt in the ensuing panic, that individual abused his freedom of speech according to the doctrine of
  • clear and present danger
  • evidence obtained illegally is inadmissible in court.
  • speech could be restricted when the nation's security is at stake.
  • the right to privacy did not extend to consensual sexual relations among adults of the same sex.
Gideon v. Wainwright is to the Sixth Amendment as Mapp v. Ohio is to the
  • the right to privacy did not extend to consensual sexual relations among adults of the same sex.
  • speech could be restricted when the nation's security is at stake.
  • criminal proceedings in the states.
  • 4th
What Illinois policy did the Supreme Court invalidate with its decision in Witherspoon v. Illinois (1968)?
  • actions of state and local governments.
  • allowing the prosecution an unlimited number of challenges in capital cases
  • unreasonable searches.
  • 5th
The individual right that is widely regarded as the most basic of individual rights is
  • the government can clearly justify the restriction.
  • freedom of expression.
  • are constitutionally protected from infringement by government
  • the establishment clause.
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