Exam Prep 5th Edition Ch.5 Civil Liberties

Chapter 5: Civil Liberties

Test Bank

Type: multiple choice question

Title: Chapter 05 Question 1

1) _______ are the limits on government that allow people to freely exercise their rights.

Feedback: factual

a. Civil liberties

b. Civil rights

c. Selective incorporations

d. Civil controls

Type: multiple choice question

Title: Chapter 05 Question 2

2) According to the text, we always weigh the rights of individuals against the concerns and _______ of the community.

Feedback: conceptual

a. safety

b. morals

c. preferences

d. standard of living

Type: multiple choice question

Title: Chapter 05 Question 3

3) Civil _______ require government action to help secure individual rights.

Feedback: factual

a. rights

b. liberties

c. freedoms

d. laws

Type: multiple choice question

Title: Chapter 05 Question 4

4) Civil _______ restrict government action to protect individual rights.

Feedback: factual

a. rights

b. liberties

c. freedoms

d. laws

Type: multiple choice question

Title: Chapter 05 Question 5

5) Initially, the Supreme Court _______ the requirement for students to recite the Pledge of Allegiance, even if it violated some students’ faith.

Feedback: applied

a. upheld

b. failed to address

c. overturned

d. rejected

Type: multiple choice question

Title: Chapter 05 Question 6

6) Initially, the Bill of Rights protected against violations of citizens' rights by _______ government(s).

Feedback: applied

a. state

b. national

c. state and national

d. state and local

Type: multiple choice question

Title: Chapter 05 Question 7

7) The Barron v. Baltimore case demonstrates the selective incorporation of what civil liberty?

Feedback: applied

a. Seizure of property

b. Search and seizure

c. Right to bear arms

d. Free-exercise clause

Type: multiple choice question

Title: Chapter 05 Question 8

8) _______ incorporation is defined as extending protections from the Bill of Rights to the state governments, one right at a time.

Feedback: factual

a. Concurrent

b. Majority

c. Selective

d. Applicable

Type: multiple choice question

Title: Chapter 05 Question 9

9) The Fourteenth Amendment is often the basis for what process?

Feedback: factual

a. Concurrent incorporation

b. Majority incorporation

c. Applicable incorporation

d. Selective incorporation

Type: multiple choice question

Title: Chapter 05 Question 10

10) 10) The Fourteenth Amendment is known as the _______ clause.

Feedback: factual

a. due process

b. clear and present danger

c. free-exercise

d. necessary and proper

Type: multiple choice question

Title: Chapter 05 Question 11

11) In what year did the Supreme Court make a classic statement about civil liberties?

Feedback: factual

a. 1940

b. 1941

c. 1943

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 12

12) What case provides for the selective incorporation of the free exercise of religion?

Feedback: factual

a. Miranda v. Arizona

b. Benton v. Maryland

c. Cantwell v. Connecticut

d. Powell v. Alabama

Type: multiple choice question

Title: Chapter 05 Question 13

13) What case provides for the selective incorporation of the right to free speech?

Feedback: factual

a. Miranda v. Arizona

b. Benton v. Maryland

c. Gitlow v. New York

d. Powell v. Alabama

Type: multiple choice question

Title: Chapter 05 Question 14

14) What case provides for the selective incorporation of the right to remain silent?

Feedback: factual

a. Miranda v. Arizona

b. Benton v. Maryland

c. Gitlow v. New York

d. Powell v. Alabama

Type: multiple choice question

Title: Chapter 05 Question 15

15) What case provides for the selective incorporation of the right to counsel in criminal trial?

Feedback: factual

a. Miranda v. Arizona

b. Gideon v. Wainwright

c. Gitlow v. New York

d. Powell v. Alabama

Type: multiple choice question

Title: Chapter 05 Question 16

16) Which of the following rights is not found in the Constitution or the Bill of Rights?

Feedback: conceptual

a. Right to bear arms

b. Right to privacy

c. Right against cruel and unusual punishment

d. Right to free speech

Type: multiple choice question

Title: Chapter 05 Question 17

17) Which Supreme Court case granted women a right to contraceptives?

Feedback: applied

a. Griswold v. Connecticut

b. Gideon v. Wainwright

c. Gitlow v. New York

d. Powell v. Alabama

Type: multiple choice question

Title: Chapter 05 Question 18

18) Which Supreme Court case established a woman’s right to choose?

Feedback: factual

a. Gideon v. Wainwright

b. Roe v. Wade

c. Gitlow v. New York

d. Powell v. Alabama

Type: multiple choice question

Title: Chapter 05 Question 19

19) Roe v. Wade overturned a(n) _______ law banning abortion.

Feedback: factual

a. Texas

b. South Carolina

c. Alabama

d. Mississippi

Type: multiple choice question

Title: Chapter 05 Question 20

20) In what year was the Roe v. Wade decision rendered?

Feedback: factual

a. 1982

b. 1973

c. 1994

d. 1984

Type: multiple choice question

Title: Chapter 05 Question 21

21) In 1980, the Supreme Court _______ a congressional ban on federal funding for abortions.

Feedback: applied

a. accepted

b. overturned

c. did not address in its ruling

d. remanded

Type: multiple choice question

Title: Chapter 05 Question 22

22) With the Planned Parenthood v. Casey decision, the Supreme Court left much discretion in abortion laws to _______, so long as the laws did not go against the Roe decision.

Feedback: applied

a. State governments

b. The federal government

c. Local governments

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 23

23) The Planned Parenthood v. Casey decision established a judicial _______, a guiding principle that helps governments make judgment calls.

Feedback: factual

a. standard

b. rule

c. opinion

d. regulation

Type: multiple choice question

Title: Chapter 05 Question 24

24) A judicial _______, which sets a hard-and-fast boundary, can be found in the Roe v. Wade case.

Feedback: factual

a. standard

b. rule

c. opinion

d. regulation

Type: multiple choice question

Title: Chapter 05 Question 25

25) The state that passed the law struck down by Roe v. Wade was

Feedback: factual

a. Oklahoma.

b. California.

c. Texas.

d. Arkansas.

Type: multiple choice question

Title: Chapter 05 Question 26

26) What right did the Lawrence v. Texas case address?

Feedback: factual

a. Privacy

b. Right to bear arms

c. Free exercise of religion

d. Cruel and unusual punishment

Type: multiple choice question

Title: Chapter 05 Question 27

27) Which case relates to same-sex couples?

Feedback: conceptual

a. Gideon v. Wainwright

b. Lawrence v. Texas

c. Gitlow v. New York

d. Powell v. Alabama

Type: multiple choice question

Title: Chapter 05 Question 28

28) Which of the following is not one of the clauses relating to freedom of religion?

Feedback: conceptual

a. Free exercise

b. Necessary and proper

c. Establishment

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 29

29) Where are the rights to freedom of religion set forth?

Feedback: factual

a. First Amendment

b. Second Amendment

c. Eighth and Ninth Amendments

d. Fourth Amendment

Type: multiple choice question

Title: Chapter 05 Question 30

30) Which clause says that government may not interfere in religious practice?

Feedback: factual

a. Free exercise

b. Necessary and proper

c. Establishment

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 31

31) Which president called for a “wall of separation” between church and state?

Feedback: conceptual

a. Jefferson

b. Washington

c. Adams

d. Lincoln

Type: multiple choice question

Title: Chapter 05 Question 32

32) The wall of separation permitting religious freedoms relates to which clause?

Feedback: conceptual

a. Free exercise

b. Necessary and proper

c. Establishment

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 33

33) Which Supreme Court case held that starting the school day with a prayer violated the establishment clause?

Feedback: factual

a. Williams v. Ohio

b. Engel v. Vitale

c. Lemon v. Kurtzman

d. None of these; the Court ruled the practice constitutional

Type: multiple choice question

Title: Chapter 05 Question 34

34) The _______ case set a test for judging what government actions are permissible in terms of the establishment clause.

Feedback: conceptual

a. Lemon

b. Engel

c. Williams

d. Miranda

Type: multiple choice question

Title: Chapter 05 Question 35

35) Which of the following is not part of the Lemon test?

Feedback: conceptual

a. Secular purpose

b. Neither advancing nor inhibiting religion

c. Not excessively entangling government in religion

d. None; these are all parts of the Lemon test

Type: multiple choice question

Title: Chapter 05 Question 36

36) Which of the following does not violate the freedom of religion?

Feedback: factual

a. Children reciting “under God” during the Pledge of Allegiance

b. Prayer at graduation

c. Public school minute of silent prayer or meditation

d. Christmas displays with secular as well as religious displays

Type: multiple choice question

Title: Chapter 05 Question 37

37) Which faith has been predominant in the United States since its founding?

Feedback: conceptual

a. Catholicism

b. Judaism

c. Islam

d. No predominant religion

Type: multiple choice question

Title: Chapter 05 Question 38

38) The Lemon test is an example of what perspective on judging violations of the establishment clause?

Feedback: applied

a. Accommodation

b. Strict separation

c. Strict entanglement

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 39

39) Which test applies to the free exercise clause?

Feedback: conceptual

a. Lemon

b. Engel

c. Sherbert

d. Miranda

Type: multiple choice question

Title: Chapter 05 Question 40

40) In the Sherbert case, the Supreme Court ruled that denying unemployment benefits to someone who was fired for refusing to work on Saturdays for religious reasons was

Feedback: conceptual

a. Constitutional

b. Unconstitutional

c. The right thing to do

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 41

41) Which Supreme Court case replaced the Sherbert test with a neutrality test?

Feedback: factual

a. Lawrence v. Texas

b. Employment Division v. Smith

c. Miranda v. Arizona

d. Ohio v. Smith

Type: multiple choice question

Title: Chapter 05 Question 42

42) _______ speech is hostile speech based on someone’s personal characteristics.

Feedback: factual

a. First-degree

b. Second-degree

c. Culturally insensitive

d. Hate

Type: multiple choice question

Title: Chapter 05 Question 43

43) When the right to speak out clashes with other rights, such as the right of minorities to be protected from abusive language, free speech usually

Feedback: applied

a. wins.

b. loses.

c. ties.

d. is not considered.

Type: multiple choice question

Title: Chapter 05 Question 44

44) In which amendment is the right to free speech guaranteed?

Feedback: factual

a. First

b. Third

c. Sixth

d. Seventh

Type: multiple choice question

Title: Chapter 05 Question 45

45) Freedom of speech holds _______ position among rights.

Feedback: conceptual

a. an ambiguous

b. a subsidiary

c. a preferred

d. no particular

Type: multiple choice question

Title: Chapter 05 Question 46

46) The Alien and Sedition Acts relate to which individual freedom?

Feedback: factual

a. Freedom of speech

b. Freedom of religion

c. Freedom against unreasonable search and seizure

d. Freedom from quartering of troops

Type: multiple choice question

Title: Chapter 05 Question 47

47) Under what president were the Alien and Sedition Acts passed?

Feedback: factual

a. Lincoln

b. Jefferson

c. Washington

d. John Adams

Type: multiple choice question

Title: Chapter 05 Question 48

48) What test was the result of the Schenck v. United States case?

Feedback: factual

a. Necessary and proper test

b. Clear and present danger test

c. Constitutional determination of legitimacy test

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 49

49) Which Supreme Court justice articulated the clear and present danger test?

Feedback: factual

a. Holmes

b. Roberts

c. Warren

d. O’Connor

Type: multiple choice question

Title: Chapter 05 Question 50

50) The clear and present danger test applies to which civil liberty?

Feedback: conceptual

a. Right to free speech

b. Right to bear arms

c. Right against cruel and unusual punishment

d. Right to a grand jury

Type: multiple choice question

Title: Chapter 05 Question 51

51) The _______ test says that speech is not protected if officials believe that the speech will lead to a prohibited action, such as violence or terrorism.

Feedback: conceptual

a. necessary and proper

b. clear and present danger

c. constitutional determination of legitimacy

d. imminent lawless action

Type: multiple choice question

Title: Chapter 05 Question 52

52) Which of the following is not a form of protected symbolic speech?

Feedback: conceptual

a. Burning the flag

b. Carrying banners advocating drugs at schools

c. Wearing armbands to school

d. Burning a cross to express views

Type: multiple choice question

Title: Chapter 05 Question 53

53) What war was the basis for the Tinker decision?

Feedback: factual

a. Vietnam

b. Korean

c. World War I

d. World War II

Type: multiple choice question

Title: Chapter 05 Question 54

54) The Nixon administration’s attempt to stop publication of the Pentagon Papers demonstrates what principle involving freedom of the press?

Feedback: conceptual

a. Prior restraint

b. Prior constraint

c. Reactive restraint

d. Reactive constraint

Type: multiple choice question

Title: Chapter 05 Question 55

55) What Supreme Court case formed the basis for the obscenity test used in regulating free speech?

Feedback: factual

a. Mapp v. Ohio

b. Miller v. California

c. Engel v. Vitale

d. Michigan v. Jones

Type: multiple choice question

Title: Chapter 05 Question 56

56) How many of the three characteristics for judging obscene speech must be met in order for the speech to be declared obscene?

Feedback: factual

a. At least one

b. At least two

c. All three

d. None

Type: multiple choice question

Title: Chapter 05 Question 57

57) Spoken untruths or falsehoods that are not protected speech (except when made against public officials) are defined as which of the following?

Feedback: factual

a. Libel

b. Slander

c. Both libel and slander

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 58

58) Written untruths or falsehoods that are not protected speech (except when made against public officials) are defined as which of the following?

Feedback: factual

a. Libel

b. Slander

c. Both libel and slander

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 59

59) It is generally _______ to prove slander or libel when derogatory statements are made against a public official compared with when such statements are made against an average citizen.

Feedback: conceptual

a. less difficult

b. more difficult

c. equally difficult

d. not difficult

Type: multiple choice question

Title: Chapter 05 Question 60

60) For slanderous or libelous statements made against a public official, what must be proved?

Feedback: factual

a. Knowledge

b. Malice

c. Poor fact checking

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 61

61) In what amendment is the right to bear arms specified?

Feedback: factual

a. Second

b. Third

c. Fifth

d. Seventh

Type: multiple choice question

Title: Chapter 05 Question 62

62) Which was involved in a 2008 Supreme Court decision that struck down a rule restricting gun ownership?

Feedback: factual

a. Illinois

b. Virginia

c. District of Columbia

d. South Carolina

Type: multiple choice question

Title: Chapter 05 Question 63

63) What case provided for the extension of the Second Amendment to lower-level governments?

Feedback: factual

a. McDonald v. Chicago

b. District of Columbia v. Heller

c. Michigan v. Arnold

d. Mapp v. Ohio

Type: multiple choice question

Title: Chapter 05 Question 64

64) Which amendment does not apply to the rights of the accused?

Feedback: factual

a. Fourth

b. Fifth

c. Seventh

d. Eighth

Type: multiple choice question

Title: Chapter 05 Question 65

65) Relating to the rights of the accused, the courts are generally moving away from individual protections and toward _______ law enforcement powers.

Feedback: conceptual

a. enhanced

b. unlimited

c. neutral

d. varied

Type: multiple choice question

Title: Chapter 05 Question 66

66) How many people were executed in the United States in 2019?

Feedback: factual

a. 19

b. 20

c. 21

d. 22

Type: multiple choice question

Title: Chapter 05 Question 67

67) Which case provides the foundation for the exclusionary rule?

Feedback: factual

a. Mapp v. Ohio

b. Miranda v. Arizona

c. Lawrence v. Texas

d. Roe v. Wade

Type: multiple choice question

Title: Chapter 05 Question 68

68) To which amendment does the exclusionary rule relate most prominently?

Feedback: conceptual

a. First

b. Third

c. Fourth

d. Seventh

Type: multiple choice question

Title: Chapter 05 Question 69

69) The _______ rule says that evidence obtained in an illegal search may not be introduced in a trial.

Feedback: factual

a. exclusionary

b. limited approach

c. limited inclusion

d. false pretense

Type: multiple choice question

Title: Chapter 05 Question 70

70) Out of which case did the exclusionary rule emerge?

Feedback: factual

a. Roe v. Wade

b. Griswold v. Connecticut

c. Baron v. Baltimore

d. Mapp v. Ohio

Type: multiple choice question

Title: Chapter 05 Question 71

71) The Fourth Amendment is generally described as prohibiting

Feedback: conceptual

a. Trials without attorneys

b. Reading of rights long after arrest

c. Unlawful search and seizure

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 72

72) Which amendment relates to the rights of individuals at trials?

Feedback: factual

a. Fourth

b. Fifth

c. Seventh

d. Ninth

Type: multiple choice question

Title: Chapter 05 Question 73

73) A citizen’s right to indictment by a grand jury is found in what amendment?

Feedback: factual

a. Fourth

b. Fifth

c. Seventh

d. Ninth

Type: multiple choice question

Title: Chapter 05 Question 74

74) Which kind of jury does not decide on guilt or innocence but decides only whether there is enough evidence for the case to go to trial?

Feedback: factual

a. Grand jury

b. Arraignment jury

c. Civil jury

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 75

75) The O.J. Simpson case demonstrates the principle that a person can be tried twice for the same crime, once in criminal court and once in civil court. Since these were separate proceedings, they did not violate which principle of the Fifth Amendment?

Feedback: factual

a. First past the post

b. Miranda indictment

c. Double jeopardy

d. Mapp indictment

Type: multiple choice question

Title: Chapter 05 Question 76

76) “You have the right to remain silent” is a famous introduction to what warnings, based on the Supreme Court’s interpretation of the Fifth Amendment?

Feedback: conceptual

a. Miranda

b. Mapp

c. Lawrence

d. Engale

Type: multiple choice question

Title: Chapter 05 Question 77

77) Based on the Miranda decision, what is the result when a police officer acquires evidence before reading the Miranda warnings to the suspect?

Feedback: factual

a. The evidence always can be admitted in court.

b. The evidence sometimes can be admitted in court.

c. The evidence cannot be admitted in court.

d. None of the answer choices is correct.

Type: multiple choice question

Title: Chapter 05 Question 78

78) The right to an attorney in felony cases is based on what amendment?

Feedback: conceptual

a. Fourth

b. Fifth

c. Sixth

d. Ninth

Type: multiple choice question

Title: Chapter 05 Question 79

79) Originally, the right to an attorney applied only to what kind of case?

Feedback: conceptual

a. Civil

b. Capital

c. Felony

d. Misdemeanor and above

Type: multiple choice question

Title: Chapter 05 Question 80

80) Which case granted citizens the right to an attorney in all felony cases?

Feedback: factual

a. Gideon v. Wainwright

b. Powell v. Alabama

c. Lawrence v. Texas

d. Jones v. Ohio

Type: multiple choice question

Title: Chapter 05 Question 81

81) Debates surrounding the death penalty center on which amendment?

Feedback: conceptual

a. Sixth

b. Seventh

c. Eighth

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 82

82) The Eighth Amendment is typically associated with

Feedback: conceptual

a. unlawful search and seizure.

b. quartering of troops.

c. cruel and unusual punishment.

d. states’ rights.

Type: multiple choice question

Title: Chapter 05 Question 83

83) How many countries have abolished the death penalty?

Feedback: factual

a. 101

b. 80

c. 77

d. None

Type: multiple choice question

Title: Chapter 05 Question 84

84) How many states have abolished the death penalty or put a moratorium on all executions?

Feedback: factual

a. Half

b. One-third

c. Two-thirds

d. None

Type: multiple choice question

Title: Chapter 05 Question 85

85) What did the Supreme Court rule about lethal injections?

Feedback: applied

a. They constitute cruel and unusual punishment.

b. They do not constitute cruel and unusual punishment, but they should be outlawed.

c. They do not constitute cruel and unusual punishment.

d. None of the answer choices is correct.

Type: multiple choice question

Title: Chapter 05 Question 86

86) What act is often criticized for trampling individual civil liberties in the name of enhancing national security?

Feedback: conceptual

a. USA ARMOR Act

b. USA Patriot Act

c. USA DOD Act

d. None of these

Type: multiple choice question

Title: Chapter 05 Question 87

87) The USA Patriot Act enhanced security by removing

Feedback: conceptual

a. weapons from schools

b. restrictions on law enforcement

c. Miranda rights

d. court sanctions

Type: multiple choice question

Title: Chapter 05 Question 88

88) Which president permitted the NSA to conduct international surveillance without a search warrant?

Feedback: factual

a. George W. Bush

b. Barack Obama

c. Donald Trump

d. All of these

Type: multiple choice question

Title: Chapter 05 Question 89

89) Immigration laws apply to

Feedback: factual

a. non-citizens.

b. citizens.

c. government employees.

d. state employees.

Type: multiple choice question

Title: Chapter 05 Question 90

90) Rights in immigration laws are

Feedback: factual

a. less restricted.

b. more restricted.

c. monitored by states.

d. monitored by counties.

Type: essay/short answer question

Title: Chapter 05 Question 91

91) Discuss the difference between civil liberties and civil rights. How do the two relate?

Feedback:

• • Civil liberties are freedoms guaranteed in the Bill of Rights that give individuals protection from government intrusion.
  • Civil rights require governments to actively promote minority group interests. Sometimes groups receive civil liberties by winning civil rights.

Type: essay/short answer question

Title: Chapter 05 Question 92

92) Describe the process of selective incorporation, citing at least one example.

Feedback:

• • The process of applying federal protections to actions by state and local governments, typically through court cases and interpretation of the Fourteenth Amendment.
  • Examples will vary.

Type: essay/short answer question

Title: Chapter 05 Question 93

93) Describe how the Supreme Court has overturned previous rulings on a particular civil liberty. How does this relate to public opinion, if at all?

Feedback:

• • The Court no longer applies the Sherbert test to questions of freedom of religion but now uses the neutrality test.
  • Answers will vary.

Type: essay/short answer question

Title: Chapter 05 Question 94

94) Where is the right to privacy found? What key issues surround this right?

Feedback:

• • The right to privacy arose from judicial interpretation; it is not specifically mentioned in the Constitution or Bill of Rights.
  • Gay rights, abortion, contraceptives.

Type: essay/short answer question

Title: Chapter 05 Question 95

95) Discuss the difference between judicial rules and judicial standards.

Feedback:

• • Judicial rules are hard-and-fast rules against which a law is measured.
  • Judicial standards are general principles against which a law is compared.
  • Example in the Roe case.

Type: essay/short answer question

Title: Chapter 05 Question 96

96) Aside from same-sex relations and abortion rights, what other issues could be interpreted from a privacy perspective?

Feedback:

• • Contraceptive use.

Type: essay/short answer question

Title: Chapter 05 Question 97

97) Compare and contrast the free exercise and establishment clauses. Are these clauses contradictory in any way?

Feedback:

• • The free exercise clause says no law shall interfere with the free exercise of religion, and the establishment clause says no law shall be made that favors one religion over another. Some consider these provisions contradictory.

Type: essay/short answer question

Title: Chapter 05 Question 98

98) Discuss the key components of the Lemon test and discuss how some observers may consider it subjective.

Feedback:

• • In applying the Lemon test, the law must have a secular purpose, its principal effect must neither advance nor inhibit religion, and it must not excessively entangle government in religion.

Type: essay/short answer question

Title: Chapter 05 Question 99

99) Why does the Lemon test demonstrate the process of strict separation, rather than accommodation?

Feedback:

• • The Lemon test demonstrates a strict separation principle (strict separation of church and state); accommodation is the alternative view, the principle that government does not violate the establishment clause as long as it does not confer an advantage on some religions over others.

Type: essay/short answer question

Title: Chapter 05 Question 100

100) What does it mean if a civil liberty is classified as holding a preferred position?

Feedback:

• • A civil liberty with a preferred position typically is protected “more,” usually when other rights are at issue.

Type: essay/short answer question

Title: Chapter 05 Question 101

101) In what situations may government prohibit free speech?

Feedback:

• • Two examples are obscene speech and speech that creates a clear and present danger.

Type: essay/short answer question

Title: Chapter 05 Question 102

102) Discuss the clear and present danger test and specify the right to which it relates.

Feedback:

• • This test identifies speech that is not protected because it is thought to pose a threat to the public.

Type: essay/short answer question

Title: Chapter 05 Question 103

103) Why do the courts uphold certain forms of expression, such as burning flags, even though they go against majority public opinion?

Feedback:

• • Protection of unpopular forms of expression still upholds the founding principles and civil liberties.

Type: essay/short answer question

Title: Chapter 05 Question 104

104) Explain what forms and in what places symbolic speech may not be protected.

Feedback:

• • Often, student speech on school grounds and speech that may incite violence are not protected.

Type: essay/short answer question

Title: Chapter 05 Question 105

105) Why is student speech on school grounds subject to a different standard than speech outside of school grounds or adult speech?

Feedback:

• • Because student speech on school grounds could interfere with the learning environment.

Type: essay/short answer question

Title: Chapter 05 Question 106

106) What case upheld students’ right to free speech on school grounds?

Feedback:

• • The Tinker case protesting military conflict, as it did not interfere with the education of students.

Type: essay/short answer question

Title: Chapter 05 Question 107

107) Explain the components of the obscenity test.

Feedback:

• • The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest.
  • It depicts sexual conduct in a patently offensive way.
  • The work lacks serious literary, artistic, political, or scientific value.

Type: essay/short answer question

Title: Chapter 05 Question 108

108) Define libel and slander and discuss how each relates to public officials.

Feedback:

• • Libel is published falsehood and slander is spoken falsehood; neither is protected speech. If the target is a public official, however, malice must be proved for either.

Type: essay/short answer question

Title: Chapter 05 Question 109

109) Explain the ideological debates surrounding the Second Amendment.

Feedback:

• • Conservatives typically favor less regulation and increased right to own weapons; liberals generally favor increased regulation and controls on gun purchases.

Type: essay/short answer question

Title: Chapter 05 Question 110

110) Explain the key rights of those accused of crimes, noting where each is found in the Bill of Rights.

Feedback:

• • Fourth, search and seizure; Fifth, Miranda rights; Eighth, cruel and unusual punishment.

Type: essay/short answer question

Title: Chapter 05 Question 111

111) Define the exclusionary rule.

Feedback:

• • Evidence obtained unlawfully may not be used in court; this is a limit on police power and discretion.

Type: essay/short answer question

Title: Chapter 05 Question 112

112) In what cases are citizens entitled to an attorney?

Feedback:

• • In federal felony cases, this right evolved slowly.

Type: essay/short answer question

Title: Chapter 05 Question 113

113) Explain the relationship between cruel and unusual punishment and the death penalty.

Feedback:

• • Some consider the death penalty cruel and unusual punishment, but the courts have not supported this idea. The death penalty varies by state.

Type: essay/short answer question

Title: Chapter 05 Question 114

114) Discuss the controversial aspects of the USA Patriot Act in relation to individual liberties.

Feedback:

• • Wiretapping American citizens without their knowledge, “profiling” based on demographics, monitoring library activity.

Type: essay/short answer question

Title: Chapter 05 Question 115

115) Citing at least two civil liberties, explain the importance of selective incorporation.

Feedback:

• • Selective incorporation is the gradual protection of individual rights from actions by state and local governments.
  • Two examples are free speech and the right to remain silent.

Type: essay/short answer question

Title: Chapter 05 Question 116

116) Where is the right to privacy found? Discuss how it relates to contraceptive use, abortions, and same-sex relations.

Feedback:

• • The right to privacy was established by judicial interpretation; it is not mentioned in the Constitution or Bill of Rights.
  • This right protects contraceptive use, abortions, and same-sex relations, which are seen as falling within a “zone of privacy.”

Type: essay/short answer question

Title: Chapter 05 Question 117

117) How does public opinion relate to the right to privacy? How does this relate to standing up to the majority opinion?

Feedback:

• • Public opinion has generally aligned with individuals’ right to privacy, including a woman’s right to choose and gay rights.
  • The minority group’s rights are still protected even if public opinion opposes protection, thus ensuring that rights are protected.

Type: essay/short answer question

Title: Chapter 05 Question 118

118) Compare and contrast the two clauses relating to freedom of religion.

Feedback:

• • Free exercise: no law may interfere with individuals’ exercise of their religion; relates to religious practices in some cases and government actions in others.
  • Establishment: no law may favor one religion over another, or any religion over no religion.

Type: essay/short answer question

Title: Chapter 05 Question 119

119) Discuss situations and cases in which religious freedoms have come into play in the school setting, particularly the right to pray at school or at graduation and the requirement to recite the Pledge of Allegiance at school.

Feedback:

• • Engel v. Vitale prohibited school-led prayer on religious freedom grounds, and on the same grounds, public schools may not require students to recite the Pledge of Allegiance.

Type: essay/short answer question

Title: Chapter 05 Question 120

120) Discuss the components of the Lemon test and the principle of freedom of religion to which they relate.

Feedback:

• • Laws must have a secular purpose.
  • Their principal effect must neither advance nor inhibit religion.
  • They must not excessively entangle government and religion.

Type: essay/short answer question

Title: Chapter 05 Question 121

121) Compare and contrast the principles of strict separation and accommodation in relation to freedom of religion. Which have the courts relied on more in recent cases?

Feedback:

• • Strict separation says that a strict set of principles articulated in the Lemon test determines whether a law violates the establishment clause.
  • Accommodation holds that government does not violate the establishment clause as long as it does not confer an advantage on some religions over others.
  • The accommodation perspective is gaining momentum in the courts.

Type: essay/short answer question

Title: Chapter 05 Question 122

122) Explain how the right to free speech typically supersedes other rights if there is a conflict. Use specific examples.

Feedback:

• • Because the right to free speech holds a preferred position among other civil liberties, it is generally “more” protected when it conflicts with other liberties.

Type: essay/short answer question

Title: Chapter 05 Question 123

123) Discuss the case that established the clear and present danger test and the civil liberty to which it relates. What does it mean if an action poses a clear and present danger?

Feedback:

• • The Schenck v. United States case established this test, which relates to political speech.
  • An action poses a clear and present danger if officials believe that it will lead to violence or terrorism. Such a situation may permit restrictions on free speech.

Type: essay/short answer question

Title: Chapter 05 Question 124

124) Explain the concept of prior restraint relating to freedom of the press.

Feedback:

• • Prior restraint is an effort to stop the publication of material; the government must show a compelling reason to stop the publication (for example, it would threaten national security). Publishers often try to get out information that public officials do not want made public, not necessarily for national security reasons.

Type: essay/short answer question

Title: Chapter 05 Question 125

125) If speech is judged to be obscene, what is the effect? What are some criticisms of the three-part obscenity test?

Feedback:

• • Obscene speech will not be protected under the First Amendment.
  • Criticisms of the three-part obscenity test sometimes center on its subjectivity.

Type: essay/short answer question

Title: Chapter 05 Question 126

126) Compare and contrast libel and slander. What is required in order to prove libel and slander aimed at public officials? What does this mean for media and other publications?

Feedback:

• • Libel is untruth written about someone, slander is untruth spoken about someone, and neither is protected speech.
  • If public officials are the targets, malice must be demonstrated in order to prove libel or slander.
  • This requirement means that popular tabloids can promote with impunity outlandish stories about elected officials, since malice cannot be proved.

Type: essay/short answer question

Title: Chapter 05 Question 127

127) Explain recent Supreme Court decisions on the right to bear arms, specifying the issues at hand. What element of the Second Amendment is often debated in interpreting the right to bear arms?

Feedback:

• District of Columbia v. Heller determined that the District of Columbia could not require that licensed firearms kept in people’s homes be kept nunfunctional.
  • The often controversial element is the “militia” concept; did the founders intend to protect the rights only of state militias, or do individual citizens have a right to bear arms?

Type: essay/short answer question

Title: Chapter 05 Question 128

128) What specific rights do the Fourth and Fifth Amendments provide to those accused of crimes? To which amendment does the exclusionary rule apply? What recent Supreme Court ruling involved the exclusionary rule, and what trend does this ruling reflect?

Feedback:

• • The Fourth Amendment protects against unreasonable search and seizure, and the exclusionary rule applies to the Fourth Amendment.
  • The Fifth Amendment protects citizens against double jeopardy and entitles them to a grand jury and the right to know their rights when arrested.
  • The Supreme Court has recently increased the power of the government relating to these rights.

Type: essay/short answer question

Title: Chapter 05 Question 129

129) Explain the key components of the Fifth Amendment and discuss situations in which the accused is entitled to an attorney under the Sixth Amendment.

Feedback:

• • Fifth Amendment: under double jeopardy provision, an accused cannot be tried twice for the same crime.
  • Fifth Amendment: Miranda warning must be read during arrest.
  • Fifth Amendment: grand jury determines if a charge goes to trial.
  • Sixth Amendment: citizens are entitled to an attorney in all felony cases.

Type: essay/short answer question

Title: Chapter 05 Question 130

130) Discuss the varying ideologies regarding the death penalty. What has the Supreme Court ruled regarding capital punishment and cruel and unusual punishment?

Feedback:

• • Conservatives typically favor the death penalty, and liberals generally oppose it, sometimes because of its tendency to be applied unequally according to race.
  • The Supreme Court allows states to determine whether they will allow the death penalty, but it may be imposed only for murder crimes. It may not be applied to the mentally ill or to children. The Court ruled that lethal injections are not cruel and unusual punishment.

Type: essay/short answer question

Title: Chapter 05 Question 131

131) What authority does the USA Patriot Act give law enforcement agencies that may conflict with civil liberties?

Feedback:

• • Increased surveillance and intelligence monitoring of American citizens without a warrant, conflicting with the right to privacy and with search and seizure requirements, among others.

Type: essay/short answer question

Title: Chapter 05 Question 132

132) What provisions of the USA Patriot Act has the Supreme Court upheld, and what does this mean for the future of civil liberties? How might this relate to the exclusionary rule?

Feedback:

• • The Supreme Court upheld a provision in the USA Patriot Act relating to government monitoring of contact with those suspected of terrorist activities. In one instance, the courts sided with the government in a private suit claiming kidnapping and torture of a citizen by the government, holding that a trial would reveal state secrets.

Type: essay/short answer question

Title: Chapter 05 Question 133

133) What makes the rights of non-citizens different from those of citizens?

Feedback:

• • Immigration laws apply to non-citizens.
  • Procedural standards are different.
  • Ruled by immigration laws.