Chapters 5: Civil LibertiesStudy Guide
Advanced Government
Mr. Faulhaber
MATCHING: Match each term with the description in which it best corresponds.
1. An attorney engaged to conduct a case in court
2. Legal terminology for the death penaltya. exclusionary rule
b. precedent
3. Prohibits illegally obtained evidence from being used in courtc. counsel
d. self incrimination
4. The model or standard to which future decisions are to be madee. capital punishment
5. Being compelled to be a witness against oneself
6. The Supreme Court demanded that the evidence obtained in Mapp v. Ohio be excluded because the police ____.
a. had not obtained a search warrant
b. questioned Mapp in an impolite manner
c. used unnecessary force
d. refused to let Mapp contact her lawyer
e. spied on Mapp with binoculars
7. In the 1973 Supreme Court definition of obscenity denies free-speech protection to materials or activities that____.
a. lack serious literary, artistic, political, or scientific value
b. do not appeal to the prurient interest
c. depict sexuality in a way that is degrading to its subjects
d. present a clear and present danger to community standards of decency
e. promote violence against women or children
8. If people have a right to speak and publish, do corporations, interest groups, and children have the same right?
a. Yes, although there are some exceptions
b. No, without exception
c. No, although there are some exceptions
d. The issue has yet to be decided by the High Court
e. Yes, without exception
9. In Palko v. Connecticut (1937) the Supreme Court began to apply rights to the states via____.
a. the notion of a reasonable person
b. the shock-the-conscience test
c. a rational basis standard
d. the due process and equal protection clauses
e. the notions of ordered liberty and fundamental rights
10. What is the incorporation doctrine, first established in Gitlow v. New York?
a. The Bill of Rights protects individuals from the federal government but not from state government.
b. the Fourteenth Amendment protects individuals from state violations of all of the rights in the Bill of Rights
c. the Fourteenth Amendment protects individuals from state violations of all of the rights in the Bill of Rights plus other fundamental rights
d. The First Amendment protects individuals from state violations of free speech rights
e. the Fourteenth Amendment protects individuals from state violations of fundamental personal rights
11. Which one of the following guarantees is NOT protected by the Fifth Amendment to the constitution?
a. due process of law
b. Right to counsel
c. Indictment by grand jury
d. Not taking of private property without just compensation
e. All of the above are rights protected by the Fifth Amendment
12. Which one of the following guarantees is not protect by the First Amendment of the Constitution?
a. No self-incrimination
b. Right to petition the government
c. Right to assemble peaceably
d. No establishment of religion
e. Freedom of speech
13. The Supreme Court has struck down laws that require the teaching of the theory of____.
a. relativity
b. Tredwayism
c. creationism
d. secularism
e. evolution
14. What was the result of the Court’s ruling in Miranda vs. Arizona?
a. it established the exclusionary rule
b. it established the good-faith exception to the exclusionary rule
c. if a suspect has not been informed of his rights, his confession cannot be used as evidence
d. if a suspect has not been informed of his rights, the charges against him must be dropped
e. the state must provide an attorney if a defendant cannot afford one
15. When the Supreme Court ruled that laws against flag-burning are unconstitutional, many citizens disagreed with the Court’s ruling and wanted Congress to take action. What could Congress do to make flag-burning illegal?
a. pass a federal law that bans flag-burning
b. pass a constitutional amendment banning flag-burning
c. with a two-thirds vote, approve a constitutional amendment, to be ratified by three-fourths of the states
d. pressure the president for an executive order banning flag-burning
e. there is nothing Congress can do once the Supreme Court rules a law unconstitutional; the Supreme Court is a court of last resort
16. Two students who attended a public high school were suspended because they wore black armbands to protest the war in Vietnam. Their clothing might have caused a disruption, but no disruption occurred. They challenged the suspension, arguing that their First Amendment rights were violated. What is the most likely outcome of their case?
a. It will be dismissed, because wearing an armband is not speech protected by the First Amendment
b. It will be dismissed, because students do not have free speech rights while they are in school
c. It will be dismissed, because students do not have a right to be disruptive in school.
d. the students will win, because wearing an armband is protected symbolic speech.
e. the students will win, because teenagers have the same free speech rights as adults.
17. The Supreme Court decision Gitlow v New York established the principle that____.
a. there was no relationship between the Fourteenth Amendment and the Bill of Rights
b. free speech was not protected by the Bill of Rights in state cases
c. incorporation of the Bill of Rights in state cases was allowed
d. there was an indirect relationship between the Fourteenth Amendment and the Bill of Rights
e. judicial review could take place in state cases by the Supreme Court
18. An example of a good-faith exception to the exclusionary rule would be if police____.
a. search an automobile they believe to be carrying drugs
b. use a defective search warrant they believe to be valid
c. conduct a search with a properly obtained search warrant
d. conduct a search incidental to an arrest
e. search the desk at which an arrest suspect is sitting
19. All of the following are restraints on free speech EXCEPT
a. libel
b. clear and present danger
c. prior restraint
d. obscenity
e. slander
20. What is required for a search warrant to be valid?
I. probable cause
II. a description of the place to be searched
III. a description of the things to be seized
IV. a lawful arrest
a. I and II
b. I, II, and III
c. I, II, and IV
d. II, III, and IV
e. I, II, III, and IV
21. What separates the politics of civil liberties from those of other issues is that
a. the costs of enforcing rights are excessive
b. the rights of different groups are in conflict
c. principles themselves are in conflict
d. passions are inflamed by entrepreneurs
e. the costs of enforcement are moderate
22. Civil liberties conflicts between the Fraternal Order of Police and the American Civil Liberties Union (ACLU) are most likely to be examples of
a. neo-institutional politics
b. majoritarian politics
c. client politics
d. interest group politics
e. entrepreneurial politics
23. Which act made it a crime to write, utter, or publish “any false, scandalous, and malicious material” aimed at the government with the intent to defame it?
a. the F.O.L.E. Act of 1975
b. the Sedition Act of 1798
c. the Espionage Act of 1917
d. the Internal Control Act of 1960
e. the Smith Act of 1940
24. When are laws that narrow the limits of permissible speech and activity most likely to be passed?
a. when cultures are in conflict
b. during times of peace and prosperity
c. when entrepreneurial politics is weakest
d. during times of war or civil unrest
e. when the presidency is weak
25. The two freedoms covered in the First Amendment are
a. religion and bearing arms
b. privacy and security
c. privacy and expression
d. bearing arms and privacy
e. expression and religion
26. Charles T. Schenck was convicted in 1919 for
a. mailing draft-resistance circulars to young men
b. planting a bomb in the Capital
c. speaking in favor of isolationism
d. planning a violent insurrection
e. advocating the overthrow of the government
27. In the early 1920s, Charles T. Schenck was convicted under the Espionage Act because, as the Supreme Court saw it,
a. his actions presented a clear and present danger
b. his actions threatened the security of the nation
c. he was an illegal alien
d. he had published documents that were vital to national security
e. he had not intentionally inspired lawlessness
28. 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
a. overturned his conviction
b. overturned his acquittal
c. upheld his acquittal
d. upheld his conviction
e. refused to give his case further consideration
29. Slander differs from libel in referring to
a. oral statements
b. public officials
c. administrative hierarchies
d. private individuals
e. written statements
30. The Supreme Court’s position on obscenity from 1957 to 1968 can best be described as supporting the view that
a. all materials, however obscene, are protected by the First Amendment
b. obscenity is protected under the First Amendment except when magazines are involved
c. obscenity deserves no First Amendment protection
d. obscenity is not easy to define
e. soft-core but not hard-core pornography deserves First Amendment protection
31. A local statute forbidding adult moving theaters from being located near churches, schools, or parks was
a. overturned as overly vague and broad
b. overturned as contravening free speech
c. upholding as a regulation of land use
d. overturned for violating the principle of content neutrality
e. upheld as a limit on free expression
32. Burning a flag is protected by the First Amendment whereas burning a draft card is not. The difference between these two acts is that
a. burning a flag is not necessarily a political act
b. burning a draft card falls directly under the provisions of the Sedition Act of 1918
c. government has a right to run a military draft and so can protect draft cards
d. burning a flag represents symbolic speech and is therefore protected by the First Amendment
e. government cannot regulate speech which involves symbolism
33. Each of the following groups has recently been regarded by the Supreme Court as a “person” enjoying rights of free expression except
a. the First National Bank of Boston
b. the Hazelwood High School student newspaper
c. Massachusetts Citizens for Life
d. the Pacific Gas and Electric Company
e. A and D
34. Which of the following laws has the Supreme Court not ruled unconstitutional?
a. laws calling for Bible readings in schools
b. laws calling for aid to parochial school for secular purposes
c. laws calling for school prayer
d. laws calling for the teaching of creationism
e. laws calling for in-school release-time for religious instruction
35. In time, the original ruling in Miranda was extended to allow those accused to have lawyers present in all of the following circumstances except
a. when being questioned by detectives after arrest
b. when appearing in a police lineup
c. when being questioned by police after arrest
d. when being questioned by a psychiatrist to determine competency to stand trial
e. when being booked at precinct headquarters
36. Which of the following statements concerning the case of Ernesto Miranda is incorrect?
a. the victim identified Miranda
b. Miranda was convicted of rape and kidnapping
c. Miranda signed the confession
d. the conviction was based on a written confession
e. none of these
37. During an arrest, the police may legally search all of the following except
a. things under the suspect’s direct control
b. the suspect
c. things in other rooms of the house
d. things in plain view
e. C and D
38. Incident to the valid arrest of a person inside a building, police may legitimately search all of the following except
a. beneath the clothing of the person arrested
b. things in plain view
c. things in other rooms of the building
d. things under the control of the person arrested
e. B and C
39. Police are allowed to search a building for evidence if they have
a. probable cause or a warrant from a judge
b. suspicion that the potential for a crime may exist
c. a warrant from a judge or permission of the occupant
d. permission of the occupant or probable cause
e. probable cause or permission of the owner.
40. The Lemon test is used to determine if____.
a. there is unfair government interference regarding free speech.
b. the government is acting properly in due process cases.
c. there are illegal tactics used by PACs.
d. death penalty convictions are fair and reasonable.
e. legislation that deals with religion creates illegal government interference
41. In the case of Mapp v Ohio, the Supreme Court established____.
a. the exclusionary rule of evidence
b. the fighting words doctrine
c. the bad tendency doctrine
d. the prurient interest principle
e. the stop and frisk rule of evidence
42. What is the “incorporation doctrine”?
a. the idea that corporations cannot be held liable for violations of civil liberties because they are nongovernmental entities
b. the interpretation of the due process clause of the Fourteenth Amendment to apply the fundamental rights of the Bill of Rights to protect people from state action
c. the interpretation of the due process clause of the Fourteenth Amendment to apply all of the Bill of Rights to protect people from state action
d. the concept that rights must be balanced with liberties and that the rights of the majority generally prevail
e. the idea that each state must include in the Bill of Rights in its constitution
43. The First Amendment protects expressions of sexual or erotic interest. However some restrictions have been upheld. In what ways can pornography be regulated?
I. Child pornography can be banned
II. Zoning laws can prohibit “adult” businesses in certain places
III. The Federal Communications Commission can shut down adult pornographic Web sites
IV. Cities can ban all pornographic books and video
a. I and II
b. I, II, and III
c. I and III
d. I, II, and IV
e. II and III
44. The purpose of the exclusionary rule, according to the Supreme Court, is to____.
a. limit the power of courts
b. prevent crime by addressing its root causes
c. exclude religious activities by government employees
d. limit illegal immigration
e. control the behavior of the police
45. The Supreme Court’s position on obscenity from 1957 to 1968 can best be described as supporting the view that____.
a. obscenity is protected under the First Amendment except when magazines are involved
b. obscenity is not easy to define
c. all materials, however obscene, are protected by the First Amendment
d. obscenity deserves no First Amendment protection
e. soft-core but not hard-core pornography deserves First Amendment protection
46. Since 1992, a member of clergy’s offering a prayer or an invocation at a public school graduation ceremony is____.
a. unconstitutional only if read from the Bible
b. constitutional if not read from the Bible
c. constitutional if non-denominational
d. constitutional
e. unconstitutional
47. A state law that requires posting of the Ten Commandments in all public school classrooms would most likely be challenged as a violation of the____.
a. establishment clause
b. free exercise clause
c. First Amendment protection of symbolic speech
d. Tenth Amendment
e. First Amendment protection of the right to petition
MATCHING: Match each term with the description in which it best corresponds.
48. reasonable belief that a person has committed a crime
a. arrest
49. the person who hears a request to have a search warrantb. judge
c. police officer
50. a legal document showing probable cause to arrest and/or make a searchd. probable cause
e. warrant
51. taking a person suspected of a crime into custody
52. person responsible of enforcing warrants and the law
FILL IN THE BLANK: In the space provided, choose the term that best completes each sentence.
53. ______were those people who were in favor of the Constitution as it was without the Bill of Rights and had Alexander Hamilton as their leader.
54. Written statements that damage a person’s reputation is referred to as ______.
55. ______speech is the use of actions and symbols, not words, to express opinions and is the most regulated of all the freedoms of speech.
56. The first ten amendments to the Constitution are known as the ______.
57. Government censorship of information before it is published is deemed ______.
58. ______is the government requirement that employers and other institutions must take positive steps to remedy the effects of past discrimination against women and minorities.
59. According to the Supreme Court ruling in ______V. Arizona, suspects must be clearly informed of their rights before being questioned.
60. In the case of ______V. Des Moines, the court held that students do not give up their right to free speech when they enter a school and the students were able to wear black armbands to protest the Vietnam War.
ESSAY:
1. Civil liberties include the right of criminal defendants to be treated fairly during investigation, arrest, and trial. Rules against illegal search and seizure and self-incrimination protect a defendant’s right to due process.
a. Identify one rule regarding illegal search and seizure and explain how that rule operates to protect a
defendant’s right to due process.
b. identify one rule regarding self-incrimination, and explain how that rule operates to protect defendant’s right to due process.
2. Initially, the United States Constitution did little to protect citizens from actions of the states. In the twentieth century, the Supreme Court interpreted the Constitution to protect the rights of citizens from state governments in a process referred to as incorporation.
a. Define selective incorporation.
b. For two of the following, explain how each has been incorporated. Each of your explanations must be based on a specific and relevant Supreme Court decision.
1. Rights of criminal defendants
2. First Amendment
3. Privacy Rights