The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by
actions of the president.
the actions of individuals.
actions of the federal government.
actions of state and local governments.
actions of the U.S. military.
The term civil liberties refers to specific individual rights that
apply in civil cases but not in criminal cases.
apply in civil cases but not in military ones.
are constitutionally protected from infringement by government.
are constitutionally protected from infringement by individuals.
are not covered by the First Amendment.
The individual right that is widely regarded as the most basic of individual rights is
the right to an attorney.
freedom of expression.
the right to a jury trial.
the right to an adequate education.
protection against illegal searches and seizures.
Justice Holmes's "clear and present danger" test holds that government can
restrict speech that threatens national security.
restrict any speech of an inflammatory nature.
imprison political dissidents during time of war without following normal procedures.
engage in prior restraint of the press whenever national security is at issue.
restrict speech that is disrespectful to specific classes of citizens.
Like all other rights, the right of free expression is
spelled out in precise terms in the Bill of Rights.
fully respected by public officials.
protected from action by federal officials but not state officials.
None of these answers is correct.
The conviction of members of the U.S. Communist Party in the early 1950s was initially upheld as a lawful restriction of the right
not to incriminate oneself.
of free speech.
to a jury trial.
to confront one's accusers in a court of law.
to worship any religion of choice.
Justice Stone argued in 1938 that
citizens should have priority over non-citizens in the legal system.
First Amendment rights are the basis of most other rights.
the interests of the majority are more important than the rights of the individual.
the requirements of national security take precedence over freedom of expression.
the Bill of Rights should be fully applied to the states.
The Supreme Court's position on prior restraint of the press is that
national security needs are of highest priority.
only classified government documents are subject to prior restraint.
prior restraint can never be exercised by government.
prior restraint should apply only in rare circumstances, and it is better to hold the press responsible for what it has printed than to restrict what it may print.
prior restraint should be used fairly frequently in a democracy.
Government can lawfully prevent a political rally from taking place
under no circumstances; people have an unconditional right to express their views.
when the rally would require unduly expensive police protection.
when the views of those holding the rally are unpopular.
when it can demonstrate that harmful acts will necessarily result from the rally.
The inclusion of certain provisions of the Bill of Rights in the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called
the preferred position doctrine.
the absorption doctrine.
Spoken words that are known to be false and harmful to a person's reputation are an example of
Which of the following is correct with regard to obscenity and the law?
Obscenity is not protected by the First Amendment.
Obscenity is never unlawful.
Child pornography is protected by the First Amendment.
Obscenity has been easy for courts to define with precision.
Obscenity is protected under the Ninth Amendment.
The establishment clause prohibits government from
establishing exceptions to the Bill of Rights.
establishing exceptions to the Fourteenth Amendment.
favoring one religion over another or supporting religion over no religion.
interfering with freedom of assembly.
interfering with the right to bear arms.
The Supreme Court upheld the use of tax-supported vouchers to attend private or parochial school in
Engel v. Vitale.
Griswold v. Connecticut.
Zelman v. Simmons-Harris.
Ashcroft v. Free Speech Coalition.
Miller v. California.
According to the Supreme Court, prayer in public schools violates
the free exercise clause.
the establishment clause.
the exclusionary rule.
procedural due process.
the clear and present danger test.
In 2007 the Supreme Court reversed its stance on partial-birth abortion, largely due to the replacement of Sandra Day O'Connor with
Ruth Bader Ginsburg.
The exclusionary rule states that
federal law cannot be applied in state courts.
the laws of one state court cannot be applied in the courts of another state.
after seven years, the statute of limitations applies, except in murder cases.
evidence obtained illegally is inadmissible in court.
state law cannot be applied in federal courts.
In Mapp v. Ohio, the selective incorporation process was extended to include
criminal proceedings in the states.
pleas of insanity.
children (minors) accused of crime.
In the case of McNabb v. United States, Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether
governments had observed procedural guarantees.
those convicted are actually guilty.
those convicted have the opportunity for appeal.
those convicted are treated humanely while imprisoned.
everyone is treated fairly in every case.
Which of the following is true of the appeal process?
The Constitution guarantees at least one appeal after conviction, but many states continue to challenge this guarantee in court.
Both the federal and all state constitutions guarantee an appeal after conviction.
The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.
There are no guarantees of appeal at the federal or state level, but the appeal process has been effectively certified through common practice.
The guarantee of appeal in the states was established as part of selective incorporation as applied to the Fourteenth Amendment.
The Supreme Court has reasoned that a right of privacy is provided by
the Civil Rights Act of 1964.
the Ninth Amendment, which says that people's rights are not limited to those enumerated in the Constitution.
the Tenth Amendment, which reserves to the people and the states those powers not granted to the federal government.
the implication of said right by the freedoms in the Bill of Rights.
the Civil Rights Act of 1991.
The right to privacy was instrumental in which decision?
Roe v. Wade
Mapp v. Ohio
Schenck v. United States
Miranda v. Arizona
New York Times Co. v. United States
In Planned Parenthood v. Casey (1992), the justices
ruled that states are free to adopt abortion laws of their choosing.
reaffirmed the essential aspects of Roe v. Wade.
invoked the Ninth Amendment for the first time in an abortion decision.
invalidated the right to an abortion in the early months of pregnancy.
In Bowers v. Hardwick (1986), the Supreme Court justices determined that
the right of privacy includes abortion in the early months of pregnancy.
search warrants are not needed in murder investigations.
freedom of speech and freedom of assembly sometimes conflict.
state militia members have the right to peacefully assemble.
the right to privacy does not include homosexual acts.
What is the greatest restriction on appeals in the United States?
the refusal by state appeals court judges to grant even a first appeal
a federal law that bars in most instances a second federal appeal by a state prison inmate
the lack of any formal right of appeal in the federal process
a federal law that bars a first federal appeal to persons convicted of homicides
the very low income of some convicted persons, which reduces their ability to appeal
The inevitable discovery exception
holds that the exclusionary rule can be waived in cases where failure to convict can lead to further public harm.
holds that otherwise excludable evidence can be admitted in trial if police believed they were following the proper procedures.
allows the use of evidence that would have been discovered regardless by other means or through other forms of evidence.
has effectively invalidated the exclusionary rule.
holds that a convicted person may not appeal the conviction when his or her own actions would have ultimately led to further unlawful acts.
The Fourth Amendment protects Americans from
any search conducted without a warrant.
unreasonable searches conducted only by federal officers.
all searches conducted by state officers.
searches conducted only by local officers.
Voluntary school prayer in the public schools was ruled unconstitutional in
Escobedo v. Illinois (1964).
Engel v. Vitale (1962).
Buckley v. Valeo (1976).
Gitlow v. New York (1925).
Roth v. United States (1957).
Which of the following, relative to the others, is typically more protective of individual rights?
the U.S. Congress
the general public
The freedoms of speech, press, assembly, and petition are found in
the First Amendment.
the Fourth Amendment.
the Sixth Amendment.
the Tenth Amendment.
the Fourteenth Amendment.
Which of the following is true about the Sedition Act of 1798?
The Act prohibited malicious newspaper stories about the president.
The Supreme Court ruled the Act unconstitutional.
The Senate voted it down, while the House passed it.
Thomas Jefferson strongly supported it.
The state governments refused to enforce it.