Question 1

In the 1976 decision Buckley v. Valeo, the Supreme Court articulated the principle that

Accepted Answer

A)  spending by or on behalf of a candidate for office is protected speech. 
B)  libel is protected by the First Amendment, as long as the person libeled is a public figure. 
C)  burning draft cards is a protected symbolic act, but only if it is done in public. 
D)  the Espionage Act of 1917 was unconstitutional. 
E)  government can regulate speech if the speech contains an incitement to imminent lawless action. 
A)  spending by or on behalf of a candidate for office is protected speech. 
B)  libel is protected by the First Amendment, as long as the person libeled is a public figure. 
C)  burning draft cards is a protected symbolic act, but only if it is done in public. 
D)  the Espionage Act of 1917 was unconstitutional. 
E)  government can regulate speech if the speech contains an incitement to imminent lawless action.

Question 2

In what year was freedom of speech extended to protect against the acts of state governments?

Accepted Answer

A)  1833 
B)  1865 
C)  1868 
D)  1925 
E)  1964 
A)  1833 
B)  1865 
C)  1868 
D)  1925 
E)  1964

Question 3

Which of the following types of speech receives the greatest level of First Amendment protection?

Accepted Answer

A)  slander 
B)  pornography 
C)  obscenity 
D)  libel 
E)  political speech that stops short of inciting violence 
A)  slander 
B)  pornography 
C)  obscenity 
D)  libel 
E)  political speech that stops short of inciting violence

Question 4

During the Founding era, who were the strongest supporters of adding a bill of rights to the Constitution?

Accepted Answer

A)  Federalists 
B)  Antifederalists 
C)  merchants and landowners 
D)  slaves 
E)  members of the military 
A)  Federalists 
B)  Antifederalists 
C)  merchants and landowners 
D)  slaves 
E)  members of the military

Question 5

It is unconstitutional to burn the American flag.

Accepted Answer

A) True 
 B)False

Question 6

Since the 1960s, slander and libel have received full First Amendment protection.

Accepted Answer

A) True 
 B)False

Question 7

The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate or restrict speech is called

Accepted Answer

A)  libel. 
B)  prior restraint. 
C)  strict scrutiny. 
D)  speech plus. 
E)  due process. 
A)  libel. 
B)  prior restraint. 
C)  strict scrutiny. 
D)  speech plus. 
E)  due process.

Question 8

About what did Justice Potter Stewart confess, "I know it when I see it"?

Accepted Answer

A)  fighting words 
B)  speech inciting violence 
C)  pornography 
D)  sedition 
E)  slander 
A)  fighting words 
B)  speech inciting violence 
C)  pornography 
D)  sedition 
E)  slander

Question 9

Miranda v. Arizona was important because it produced rules that must be used

Accepted Answer

A)  to determine if separation between church and state has been violated. 
B)  to judge whether or not printed materials are pornographic. 
C)  to determine if some element of the Bill of Rights should be applied to the states. 
D)  to determine whether a warrant should be issued for a police search. 
E)  by the police before questioning an arrested criminal suspect. 
A)  to determine if separation between church and state has been violated. 
B)  to judge whether or not printed materials are pornographic. 
C)  to determine if some element of the Bill of Rights should be applied to the states. 
D)  to determine whether a warrant should be issued for a police search. 
E)  by the police before questioning an arrested criminal suspect.

Question 10

Which of the following rights is not found in the original, unamended Constitution?

Accepted Answer

A)  guarantee of habeas corpus 
B)  prohibition of ex post facto laws 
C)  prohibition against cruel and unusual punishment 
D)  guarantee of trial by jury in the state where the crime was committed 
E)  prohibition of bills of attainder 
A)  guarantee of habeas corpus 
B)  prohibition of ex post facto laws 
C)  prohibition against cruel and unusual punishment 
D)  guarantee of trial by jury in the state where the crime was committed 
E)  prohibition of bills of attainder

Question 11

Which of the following is the best description of the Supreme Court's first ruling on the issue of the nationalization of the Bill of Rights in 1833?

Accepted Answer

A)  The takings clause restricts national and state governments but not city governments. 
B)  The Bill of Rights should not be used if a state's constitution already contains its own bill of rights. 
C)  The takings clause does not cover accidents caused by government officials. 
D)  The Bill of Rights limits the national government but not state governments. 
E)  The Bill of Rights limits state governments but not the national government. 
A)  The takings clause restricts national and state governments but not city governments. 
B)  The Bill of Rights should not be used if a state's constitution already contains its own bill of rights. 
C)  The takings clause does not cover accidents caused by government officials. 
D)  The Bill of Rights limits the national government but not state governments. 
E)  The Bill of Rights limits state governments but not the national government.

Question 12

Roe v. Wade prohibits states from making abortions illegal based on the equal protection clause of the Fourteenth Amendment.

Accepted Answer

A) True 
 B)False

Question 13

The first modern free speech case in which the Supreme Court interpreted the full scope of the First Amendment was

Accepted Answer

A)  in the 1790s, soon after the Bill of Rights was ratified. 
B)  during the Civil War. 
C)  in the years right after World War I. 
D)  during the Great Depression. 
E)  during the Cold War. 
A)  in the 1790s, soon after the Bill of Rights was ratified. 
B)  during the Civil War. 
C)  in the years right after World War I. 
D)  during the Great Depression. 
E)  during the Cold War.

Question 14

The Supreme Court's decision in R.A.V. v. City of St. Paul suggests that

Accepted Answer

A)  high school students have the same freedom of speech rights as adults. 
B)  political speech receives more protection under the Constitution than commercial speech. 
C)  commercial speech receives more protection under the Constitution than political speech. 
D)  virtually all hate speech is not protected by the Constitution. 
E)  virtually all hate speech is constitutionally protected. 
A)  high school students have the same freedom of speech rights as adults. 
B)  political speech receives more protection under the Constitution than commercial speech. 
C)  commercial speech receives more protection under the Constitution than political speech. 
D)  virtually all hate speech is not protected by the Constitution. 
E)  virtually all hate speech is constitutionally protected.

Question 15

Which of the following best reflects the Supreme Court's position on commercial speech, such as advertisements?

Accepted Answer

A)  Commercial speech receives no First Amendment protection. 
B)  Advertisements receive limited First Amendment protection. 
C)  Advertisements receive as much First Amendment protection as anything else written in the newspaper. 
D)  Commercial speech regulations depend on the commerce clause, not the Bill of Rights. 
E)  The Supreme Court has never issued a ruling on the extent to which commercial speech receives First Amendment protection. 
A)  Commercial speech receives no First Amendment protection. 
B)  Advertisements receive limited First Amendment protection. 
C)  Advertisements receive as much First Amendment protection as anything else written in the newspaper. 
D)  Commercial speech regulations depend on the commerce clause, not the Bill of Rights. 
E)  The Supreme Court has never issued a ruling on the extent to which commercial speech receives First Amendment protection.

Question 16

Which of the following statements best summarizes the Supreme Court's decisions regarding the establishment clause?

Accepted Answer

A)  The Court has been strict in striking down school prayer but permissive in allowing the public display of religious symbols. 
B)  The Court has been permissive in allowing school prayer but strict in striking down the public display of religious symbols. 
C)  The Court has been strict in striking down both school prayer and the public display of religious symbols. 
D)  The Court has been permissive in allowing both school prayer and the public display of religious symbols. 
E)  The Court has avoided any rulings on the constitutionality of school prayer and the public display of religious symbols. 
A)  The Court has been strict in striking down school prayer but permissive in allowing the public display of religious symbols. 
B)  The Court has been permissive in allowing school prayer but strict in striking down the public display of religious symbols. 
C)  The Court has been strict in striking down both school prayer and the public display of religious symbols. 
D)  The Court has been permissive in allowing both school prayer and the public display of religious symbols. 
E)  The Court has avoided any rulings on the constitutionality of school prayer and the public display of religious symbols.

Question 17

What is the right to privacy? How and under what circumstances has the Supreme Court articulated this right? Describe some of the forms that the right to privacy has taken.

Accepted Answer

The right to privacy is the concept that

Question 18

What is the standard for determining guilt in criminal cases?

Accepted Answer

A)  Guilt must be proven "beyond a reasonable doubt." 
B)  Guilt must be proven "beyond any possible doubt whatsoever." 
C)  Guilt is determined by "the preponderance of the evidence." 
D)  Guilt is determined by "which side has the better argument." 
E)  Guilt is determined according to different standards based on the severity of the crime. 
A)  Guilt must be proven "beyond a reasonable doubt." 
B)  Guilt must be proven "beyond any possible doubt whatsoever." 
C)  Guilt is determined by "the preponderance of the evidence." 
D)  Guilt is determined by "which side has the better argument." 
E)  Guilt is determined according to different standards based on the severity of the crime.

Question 19

The fact that federal courts have relied on a discretionary use of the exclusionary rule in recent years means that

Accepted Answer

A)  states are no longer required to provide legal counsel to people accused of a crime. 
B)  states no longer have to follow the Miranda rule. 
C)  it is difficult to know whether a defendant will or will not be protected from an illegal search under the Fourth Amendment. 
D)  defendants will never be protected from an illegal search under the Fourth Amendment. 
E)  defendants will always be protected from an illegal search under the Fourth Amendment. 
A)  states are no longer required to provide legal counsel to people accused of a crime. 
B)  states no longer have to follow the Miranda rule. 
C)  it is difficult to know whether a defendant will or will not be protected from an illegal search under the Fourth Amendment. 
D)  defendants will never be protected from an illegal search under the Fourth Amendment. 
E)  defendants will always be protected from an illegal search under the Fourth Amendment.

Question 20

Which of the following statements concerning the death penalty is false?

Accepted Answer

A)  The United States is the only Western democracy to use the death penalty as a criminal sanction. 
B)  Thirty-six states have legalized the death penalty. 
C)  Congress has imposed capital punishment for more than fifty federal crimes. 
D)  The death penalty was never used in the United States prior to the 1950s. 
E)  Texas has executed more people than any other state. 
A)  The United States is the only Western democracy to use the death penalty as a criminal sanction. 
B)  Thirty-six states have legalized the death penalty. 
C)  Congress has imposed capital punishment for more than fifty federal crimes. 
D)  The death penalty was never used in the United States prior to the 1950s. 
E)  Texas has executed more people than any other state.

Exam 4: Civil Liberties

In the 1976 decision Buckley v. Valeo, the Supreme Court articulated the principle that

In what year was freedom of speech extended to protect against the acts of state governments?

Which of the following types of speech receives the greatest level of First Amendment protection?

During the Founding era, who were the strongest supporters of adding a bill of rights to the Constitution?

It is unconstitutional to burn the American flag.

Since the 1960s, slander and libel have received full First Amendment protection.

The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate or restrict speech is called

About what did Justice Potter Stewart confess, "I know it when I see it"?

Miranda v. Arizona was important because it produced rules that must be used

Which of the following rights is not found in the original, unamended Constitution?

Which of the following is the best description of the Supreme Court's first ruling on the issue of the nationalization of the Bill of Rights in 1833?

Roe v. Wade prohibits states from making abortions illegal based on the equal protection clause of the Fourteenth Amendment.

The first modern free speech case in which the Supreme Court interpreted the full scope of the First Amendment was

The Supreme Court's decision in R.A.V. v. City of St. Paul suggests that

Which of the following best reflects the Supreme Court's position on commercial speech, such as advertisements?

Which of the following statements best summarizes the Supreme Court's decisions regarding the establishment clause?

What is the right to privacy? How and under what circumstances has the Supreme Court articulated this right? Describe some of the forms that the right to privacy has taken.

What is the standard for determining guilt in criminal cases?

The fact that federal courts have relied on a discretionary use of the exclusionary rule in recent years means that

Which of the following statements concerning the death penalty is false?

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