Ch5 Exam Prep Privacy, Liberty, And Security: Finding A

Chapter 5: Test Bank

Multiple Choice

1. Which Amendment specifically includes the freedom of speech?
   1. First
   2. Second
   3. Fourth
   4. Fifth
2. Which Amendment guarantees individuals the right to protection against unreasonable searches and seizures?
   1. First
   2. Second
   3. Fourth
   4. Fifth
3. Which of the following groups is a non-governmental watchdog group that promotes and defends civil liberties?
   1. American Civil Liberties Union
   2. Cambridge Analytica
   3. Foreign Intelligence Surveillance Court
   4. NSA Utah Data Center
4. When law enforcement and intelligence officials wish to track one or more individuals’ communications and movements for investigative purposes, it is known as .
   1. information
   2. movement
   3. searching
   4. surveillance
5. In which of the following cases did the Court ruled that the use of the thermal imaging camera constituted a warrantless search, and was therefore unlawful?
   1. Kyllo v. U.S. (2001)
   2. United States v. Jones (2012)
   3. Missouri v. McNeely (2013)
   4. Carpenter v. United States (2017)
6. Which civic freedom guaranteed by the U.S. Constitution refers to the ability of individuals to travel without unreasonable restrictions across geographical boundaries?
   1. Freedom of speech
   2. Freedom of assembly
   3. Freedom of movement
   4. Protection against unreasonable searches and seizures

True/False

1. In National Socialist Party of America et al. v. Village of Skokie (1977), the Supreme Court decided that a community could not prohibit a public parade by a group of Nazis because to do so would violate the Nazis’ rights to assemble peaceably
   1. True
   2. False
2. Freedom of speech refers to the ability of individuals to write, speak, and otherwise express publicly whatever they want, whenever they want, within reasonable limitations.
   1. True
   2. False
3. Freedom of assembly means the liberty to gather two or more individuals together for reason regardless of the purposes.
   1. True
   2. False
4. Due to the pace of technological innovation, lawmakers and regulators usually find themselves in a perpetual game of “catch up”.
   1. True
   2. False
5. The Foreign Intelligence Surveillance Court operates completely outside of the context of homeland security.
   1. True
   2. False
6. Freedom of assembly refers to the ability of individuals to write, speak, and otherwise express publicly whatever they want, whenever they want, within reasonable limitations.
   1. True
   2. False
7. The Fourth Amendment is in no way problematic in a homeland security context.
   1. True
   2. False

Short Answer

1. What protections do Americans have against their privacy being invaded?
   1. Protection against Unreasonable Searches and Seizures. Guaranteed by the Fourth Amendment of the U.S. Constitution, this protection shields individuals from searches of their person, property, and effects, and seizures of the same, in the absence of reasonable judicial protections and review.
2. Explain where the freedom of movement is included as a basic freedom.
   1. While the freedom of movement is not guaranteed explicitly in the Constitution, it is implied by the “privileges and immunities” clause in Article IV, Section 2, which also introduces the notion of reciprocal privileges for citizens traveling across state lines.
3. Describe the composition of the Foreign Intelligence Surveillance Court (FISC).
   1. Eleven federal district court judges sit on the FISC, and they serve a maximum of seven years. To ensure continuity and wide representation, the judges are selected from at least seven of the U.S. judicial circuits—there are 12 circuits in total across the country—and their terms are staggered. The Chief Justice of the U.S. Supreme Court selects the members of the FISC.
4. What was the ACLU’s view of the NSA’s ability to gather metadata on vast numbers of phone calls?
   1. The ACLU issued public statements against the government’s ability to track telephone call metadata on this scale. The ACLU even filed suit against the Director of National Intelligence, among other government officials, in an effort to halt the program. It claimed that the scale and intrusiveness of the program practically invited abuse by NSA analysts. The ACLU also maintained that the NSA’s telephone metadata program constituted a violation of the U.S. Constitution’s Fourth Amendment.
5. Explain how the Fourth Amendment may be problematic in a homeland security context.
   1. It may be an issue in situations in which there is a pressing, time-sensitive need for law enforcement officials to take action to prevent or stop a homeland security threat. The exigent circumstance exception may apply in time-sensitive homeland security matters. A second way in which the Fourth Amendment may be problematic in a homeland security context relates to surveillance.

Short Essay

1. Explain the relationship between liberty and security.
2. Describe an example of a time that a breakdown of information between intelligence and law enforcement was problematic.