AP Government - Chapter 5

A person treating the US flag contemptuously is

protected by the right to exercise free speech

In 2007, the Supreme Court allowed a school principle to punish a student for displaying a flag saying "Bong Hits 4 Jesus" because

the Court held that the shirt endorsed drug use

Civil liberties are

both protections against abuse of government and free speech, press, and so on.

In 1803, this US president wrote a letter to the then governor of Pennsylvania requesting that he prosecute newspaper publishers for speaking out against the government.

Thomas Jefferson

Conflicts in civil liberties often arise because

the Bill of Rights lists several competing rights

The Sedition Act of 1798 was, in part, the result of strained relations between the United States and

France

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

support the French Revolution

The Espionage and Sedition Acts (1917-1918) made it a crime to

make false statements that would interfere with the American military; send through the mail material "advocating treason"; write any disloyal, profane, scurrilous, or abusive language against the US; curtail war production

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

upholding them

The earliest immigrant group to arrive in large numbers and this alter the scope of civil rights issues consisted of

Irish Catholics

The immigrant group usually associated with the drive for bilingual education is composed of

Hispanics

Senator Joseph McCarthy became a power policy entrepreneur by claiming that

communists had infiltrated the government

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

the Fourteenth Amendment

The earliest incorporations of portions of the Bill of Rights relied on

the due process and equal protection clauses

In this Supreme Court decision, the Court helped that the federal guarantees of free speech and free press also applied to the states.

Gitlow

In Palko v. Connecticut (1937) the Supreme Court broadly ruled that certain provisions of the national Constitution's Bill of Rights apply to the state because of

the notions of ordered liberty and fundamental rights

Which term best describes the manner in which the Supreme Court has applied the Bill of Rights to the states?

Selective incorporation

The First Amendment does NOT address

the right to bear arms

The Espionage and Sedition Acts that were passed in 1917 and 1918 placed restrictions on publications that

advocated treason, insurrection, or forced resistance

The Supreme Court justice who compared unpopular political speech to falsely shouting "Fire!" in a theater was

Oliver Wendell Holmes

Writing for the Supreme Court, Justice Oliver Wendell Holmes proclaimed that Congress could punish dangerous speech when that speech

represented a "clear and present danger" to the United States

Benjamin Gitlow's case was significant because it resulted in the Supreme Court's declaring that

freedom of speech and freedom of the press were "fundamental"

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

incites an "imminent" lawless action

When U.S. Nazis sought to parade in Skokie, Illinois, where many Jews lived, the courts

upheld their rights to parade peacefully

Written defamation of character is known as

libel

Slander differs from libel in that it refers to

oral statements

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

cannot collect damages from that person

If you, as a public figure, are grievously harmed by the written statements of someone who cannot prove that they are true, you

can collect damages if you demonstrate malice

Justice Potter Stewart's oft-quoted dictum on hard-core as opposed to soft-core pornography was

"I know it when I see it"

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

lack serious literary, artistic, political, or scientific value

A local statute forbidding adult movie theaters from being located near churches, schools, or parks would probably be

upheld as a regulation of land use

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

preferred position

Why has the Supreme Court upheld the government's banning the burning of draft cards but declared unconstitutional a law banning the burning of the American flag?

The government has a right to run a military draft and so can protect the draft cards, even if this restricts speech

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

Schenck v. US

The Supreme Court upheld the constitutionality of flag burning in case of

Texas v. Johnson

In the ________ case, the Supreme Court ruled that the part of the McCain-Feingold law that denied corporations and labor unions the right to run ads violated their rights to free speech under the Constitution.

Citizens United v. Federal Election Commission

The Supreme Court denied the Hazelwood High School student newspaper the right to print certain stories, using the argument that

the exercise of free expression by students cannot impede the educational mission of the school

The First Amendment states that Congress shall make no law prohibiting the "free exercise" of religion. It may, however,

bind religions to laws that bind all others

Military draft laws exempted "conscientious objectors" from military service. The Supreme Court ruled that conscientious objectives are individuals that

hold deeply help moral, ethical, or religious beliefs

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

protects the free exercise of religion but opens itself to criticisms regarding establishment

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

the writings of Thomas Jefferson

In a 1947 decision, the Supreme Court allowed a New Jersey town to fund busing to a parochial school because

busing was religiously neutral

In an important recent decision, the Supreme Court upheld a voucher program for students attending religious and other private schools in Cleveland, Ohio, because

the aid was not given to particular schools but to the families who chose the schools

Since 1992, having a member of the clergy offer a prayer or an invocation at a public school graduation ceremony is

unconstitutional

In recent years, the Supreme Court has ruled that two Kentucky counties could no longer display the Ten Commandments in

courthouses

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

Engel v. Vitale

The exclusionary rule holds that

evidence gathered in violation of the Constitution cannot be used in a trial

The purpose of the exclusionary rule, according to the Supreme Court, is to

control the behavior of the police

The Supreme Court demanded that the evidence in Mapp v. Ohio be excluded because the police

had not obtained a search warrent

Which is an example of an unconstitutional search?

None of the choices

Search warrants are not to be issued unless the standard of __________ has been met.

probable cause

The landmark case on involuntary confession was that of

Miranda v. Arizona

Regarding the exclusionary rule, more recent decisions of the Supreme Court seem to be

modifying the rule to make is less cumbersome for law enforcement

In 1984, the Supreme Court ruled that illegally obtained evidence might but used in court if it can be demonstrated that

its discovery was inevitable

The USA Patriot Act modifies the law for grand jury hearings by

allowing investigators to exchange information obtained in such hearings

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

airport securty

Which of the following statements concerning military courts is INCORRECT?

A suspect can appeal to the attorney general

The Bush administration held that those who were captured in Afghanistan and detained in military bases at Guantánamo are

unlawful combatants

When the USA Patriot Act was renewed in 2006,

almost all of its provisions were made permanent

In the _________ decision, the Supreme Court ruled that persons charge with a crime have a right to an attorney even if they cannot afford one.

Gideon v. Wainwright

(T/F) The Bill of Rights was the by-product of concerns expressed at the ratifying conventions in the states.

T

(T/F) In 1803, President Thomas Jefferson wrote the governor of Pennsylvania requesting that the governor prosecute newspaper publishers for the "licentiousness" of their papers.

T

(T/F) Under the Espionage and Sedition Acts of 1917 and 1918, thousands of individuals were prosecuted, imprisoned, or deported.

T

(T/F) The Smith Act of 1940 respected the right of Americans to join the political party of their choice.

F

(T/F) In the 1980s, Puerto Rican nationalists were changed with sedition.

T

(T/F) Originally, the Bill of Rights applied only to the federal government.

T

(T/F) The rights to be indicted by a grand jury for serious crimes has been incorporated to the states.

F

(T/F) The "clear and present danger" test of speech was constructed by Thomas Jefferson.

F

(T/F) The Supreme Court ruled that the political speech of Charles T. Schenck presented a "clear and present danger" to the United States.

T

(T/F) In the Brandenburg case, the Supreme Court ruled that any speech that does not "incite an immediate lawless action" is protected.

T

(T/F) Libel involves written statements.

T

(T/F) Obscenity is protected by the First Amendment.

F

(T/F) For materials to be ruled obscene, the must lack serious literary, artistic, political, or scientific value.

T

(T/F) In Citizens United v. F.C.C., the Supreme Court ruled that corporations and labor unions cannot be stopped from running ads in conjunction with a political party and/or a candidate's campaign.

F

(T/F) The Supreme Court has ruled that high school students have the same rights as adults in expressing their beliefs.

F

(T/F) Federal courts have ruled that Indian tribes using the drug peyote in religious ceremonies are exempt from any state laws that ban such use.

F

(T/F) At the time of the American Revolution, there were established churches in the colonies.

T

(T/F) Public schools may not have clergy read prayers at graduation ceremonies was decided in Lee v. Weisman.

T

(T/F) The Fourth Amendment grants individuals freedom from unreasonable searches and seizures.

T

(T/F) In officers have probable cause to search an automobile, they can also search things that are being carried by passengers.

T