Question 1

The right of free expression,although not absolute,enjoys a higher status than the other rights granted by the U.S. Constitution.This is known as the doctrine of

Accepted Answer

A)  prior restraint.
B)  existential priority.
C)  neutrality and clarity.
D)  least means.
E)  preferred position.F) A) and B)
G) A) and C)

Question 2

The Smith Act of 1940 respected the right of Americans to join the political party of their choice.

Accepted Answer

A) True 
 B)False

Question 3

When Clarence Brandenburg vacated the street at a Ku Klux Klan cross-burning rally as ordered but threatened to reoccupy it later,the Supreme Court overturned his conviction by arguing that government can only restrict speech when it

Accepted Answer

A)  presents a clear and present danger.
B)  incites an "imminent" lawless action.
C)  is against the ruling political party.
D)  is against the president.
E)  is against law enforcement officers.F) A) and D)
G) A) and C)

Question 4

The Bill of Rights has come to apply to the states through the interpretation of

Accepted Answer

A)  the Fourteenth Amendment.
B)  the Tenth Amendment.
C)  the commerce clause.
D)  Article III.
E)  the necessary and proper clause.F) C) and E)
G) A) and D)

Question 5

The right to be indicted by a grand jury for serious crimes has been incorporated to the states.

Accepted Answer

A) True 
 B)False

Question 6

Discuss the facts of the case and the importance of the Supreme Court's rule in in Mapp v.Ohio.

Accepted Answer

Cleveland police broke into Mapp's home ...

Question 7

Public schools may not have clergy lead prayers at graduation ceremonies was decided in Lee v.Weisman.

Accepted Answer

A) True 
 B)False

Question 8

The main provisions of the USA Patriot Act cover all of the following EXCEPT

Accepted Answer

A)  airport security.
B)  telephone taps.
C)  Internet taps.
D)  voice mail.
E)  money laundering.F) A) and D)
G) C) and D)

Question 9

In the decision,the Supreme Court ruled that the establishment clause forbids prayer,even a nondenominational one,in public schools.

Accepted Answer

A)  Everson v.Board of Education
B)  Engel v.Vitale
C)  Lemon v.Kurtzman
D)  Zelman v.Simmons-Harris
E)  Lee v.WeismanF) C) and D)
G) B) and D)

Question 10

In passing the Sedition Act of 1798,the Federalist were fearful that Thomas Jefferson and his party would

Accepted Answer

A)  support the French Revolution.
B)  support better relations with England.
C)  restrict freedoms of speech and the press.
D)  jail French sympathizers.
E)  ban all trade.F) C) and D)
G) A) and E)

Question 11

When the Supreme Court rules that Amish people cannot be forced to send their children to school,it

Accepted Answer

A)  neither establishes religion nor protects its free exercise.
B)  establishes religion without violating the First Amendment.
C)  avoids establishing religion at the risk of impeding its free exercise.
D)  both establishes religion and impedes its free exercise.
E)  protects the free exercise of religion but opens itself to criticisms regarding establishment.F) A) and C)
G) A) and B)

Question 12

For materials to be ruled obscene,they must lack serious literary,artistic,political,or scientific value.

Accepted Answer

A) True 
 B)False

Question 13

The "clear and present danger" test emerged in the Supreme Court's decision in the case of

Accepted Answer

A)  Chaplinsky v.New Hampshire.
B)  Miller v.California.
C)  Texas v.Johnson.
D)  Reno v.ACLU.
E)  Schenck v.United States.F) A) and D)
G) B) and E)

Question 14

If officers have probable cause to search an automobile,they can also search things that are being carried by passengers.

Accepted Answer

A) True 
 B)False

Question 15

The historical reference to a "wall of separation" between religion and the state can be found in

Accepted Answer

A)  the Bill of Rights.
B)  a series of debates in the First Congress.
C)  the writings of Thomas Jefferson.
D)  twentieth-century Supreme Court decisions.
E)  the Federalist papers.F) A) and E)
G) A) and B)

Question 16

If you,as a private individual,are grievously harmed by the statements of someone who can also prove that the statements are true,you

Accepted Answer

A)  can sue that person for libel.
B)  can collect damages if you demonstrate malice.
C)  cannot collect damages from that person.
D)  can collect for slander,but not for libel.
E)  can collect for libel,but not for slander.F) None of the above
G) B) and E)

Question 17

Discuss how the Supreme Court's interpreted the freedom of speech provision of the Bill of Rights in Schenck v.United States.

Accepted Answer

Schenck was charged with violating the E...

Question 18

Justice Potter Stewart's oft­quoted dictum on hard­core as opposed to soft­core pornography was

Accepted Answer

A)  "I know it when I see it."
B)  "Different strokes for different folks."
C)  "It won't play in Peoria."
D)  "One man's meat is another man's poison."
E)  "What could go wrong?"F) A) and E)
G) A) and C)

Question 19

The Supreme Court's current definition of obscenity denies free­speech protection to materials or activities that

Accepted Answer

A)  depict sexuality in a way that is degrading to its subjects.
B)  promote violence against women or children.
C)  lack serious literary,artistic,political,or scientific value.
D)  present a clear and present danger to community standards of decency.
E)  do not appeal to the prurient interest.F) C) and D)
G) A) and E)

Question 20

Usually,the Supreme Court has reacted to wartime curtailments of civil liberties by

Accepted Answer

A)  upholding them.
B)  rejecting them.
C)  upholding them at first,limiting them later.
D)  rejecting them at first,reinstating them later.
E)  avoiding rulings on constitutionality and consigning such issues to the lower federal courts.F) All of the above
G) A) and D)

Exam 5: Civil Liberties

When Clarence Brandenburg vacated the street at a Ku Klux Klan cross-burning rally as ordered but threatened to reoccupy it later,the Supreme Court overturned his conviction by arguing that government can only restrict speech when it

Correct AnswerverifiedShow Answer

Justice Potter Stewart's oft­quoted dictum on hard­core as opposed to soft­core pornography was

Correct AnswerverifiedShow Answer

The main provisions of the USA Patriot Act cover all of the following EXCEPT

Correct AnswerverifiedShow Answer

If you,as a private individual,are grievously harmed by the statements of someone who can also prove that the statements are true,you

Correct AnswerverifiedShow Answer

Usually,the Supreme Court has reacted to wartime curtailments of civil liberties by

Correct AnswerverifiedShow Answer

The "clear and present danger" test emerged in the Supreme Court's decision in the case of

Correct AnswerverifiedShow Answer

Discuss how the Supreme Court's interpreted the freedom of speech provision of the Bill of Rights in Schenck v.United States.

Correct AnswerverifiedSchenck was charged with violating the E...View AnswerShow Answer

Public schools may not have clergy lead prayers at graduation ceremonies was decided in Lee v.Weisman.

Correct AnswerverifiedShow Answer

Discuss the facts of the case and the importance of the Supreme Court's rule in in Mapp v.Ohio.

Correct AnswerverifiedCleveland police broke into Mapp's home ...View AnswerShow Answer

If officers have probable cause to search an automobile,they can also search things that are being carried by passengers.

Correct AnswerverifiedShow Answer

The historical reference to a "wall of separation" between religion and the state can be found in

Correct AnswerverifiedShow Answer

The Bill of Rights has come to apply to the states through the interpretation of

Correct AnswerverifiedShow Answer

The Smith Act of 1940 respected the right of Americans to join the political party of their choice.

Correct AnswerverifiedShow Answer

In passing the Sedition Act of 1798,the Federalist were fearful that Thomas Jefferson and his party would

Correct AnswerverifiedShow Answer

In the decision,the Supreme Court ruled that the establishment clause forbids prayer,even a nondenominational one,in public schools.

Correct AnswerverifiedShow Answer

The Supreme Court's current definition of obscenity denies free­speech protection to materials or activities that

Correct AnswerverifiedShow Answer

For materials to be ruled obscene,they must lack serious literary,artistic,political,or scientific value.

Correct AnswerverifiedShow Answer

The right to be indicted by a grand jury for serious crimes has been incorporated to the states.

Correct AnswerverifiedShow Answer

When the Supreme Court rules that Amish people cannot be forced to send their children to school,it

Correct AnswerverifiedShow Answer

The right of free expression,although not absolute,enjoys a higher status than the other rights granted by the U.S. Constitution.This is known as the doctrine of

Correct AnswerverifiedShow Answer

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Justice Potter Stewart's oftquoted dictum on hardcore as opposed to softcore pornography was

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Schenck was charged with violating the E...
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Cleveland police broke into Mapp's home ...
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The Supreme Court's current definition of obscenity denies freespeech protection to materials or activities that

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