CHAPTER 5
Civil Liberties
MULTIPLE CHOICE
1. A person treating the U.S. flag contemptuously is
a.
subject to conviction in federal court.
b.
subject to conviction in state court.
c.
subject to conviction in state and federal court.
d.
protected by Fourth Amendment rights.
e.
protected by the right to exercise free speech.
2. In 2007, the Supreme Court allowed a school principal to punish a student for displaying a flag saying
“Bong Hits 4 Jesus” because
a.
the Court held that it was within the student’s freedom of speech to wear the shirt.
b.
the Court held that the language incited unruly behavior.
c.
the Court held that the language harmed a religion.
d.
the Court held that the shirt endorsed drug use.
e.
None of the above is true.
3. Civil liberties are
a.
the protections the Constitution provides against the abuse of government.
b.
the protecting of certain groups, such as women, gays, and African Americans.
c.
free speech, free press, religious freedoms, and the rights of the accused.
d.
Both A and B are true.
e.
Both A and C are true.
4. In 1803, this U.S. president wrote a letter to the then governor of Pennsylvania requesting that he
prosecute newspaper publishers for speaking out against the government.
a.
George Washington
b.
John Adams
c.
Thomas Jefferson
d.
James Madison
e.
James Monroe
5. Conflicts in civil liberties often arise because
a.
majoritarian politics is ineffective in resolving crises.
b.
the U.S. Constitution is vague on issues of individual rights.
c.
the Bill of Rights lists several competing rights.
d.
policy entrepreneurs rarely operate in the civil rights area.
e.
the Supreme Court has refused to play a leading role in the interpretation of the First
Amendment.
6. The Sedition Act of 1798 was, in part, the result of strained relations between the United States and
a.
Spain.
b.
England.
c.
France.
d.
Italy.
e.
Germany.
7. In passing the Sedition Act of 1798, the Federalist were fearful that Thomas Jefferson and his
party would
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.
8. The Espionage and Sedition Acts (1917–1918) made it a crime to
a.
make false statements that would interfere with the American military.
b.
send through the mail material “advocating treason.”
c.
write any disloyal, profane, scurrilous, or abusive language against the United States.
d.
curtail war production.
e.
All of the above are true.
9. Usually, the Supreme Court has reacted to wartime curtailments of civil liberties by
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.
10. The earliest immigrant group to arrive in large numbers and thus alter the scope of civil rights issues
consisted of
a.
Mexican Hispanics.
b.
Hispanics from other Latin American countries.
c.
Irish Catholics.
d.
Southeast Asians.
e.
German Protestants.
11. The immigrant group usually associated with the drive for bilingual education is composed of
a.
Southeast Asians.
b.
Hispanics.
c.
Africans.
d.
Eastern Europeans.
e.
Germans.
12. Senator Joseph McCarthy became a powerful policy entrepreneur by claiming that
a.
the Japanese posed a West Coast security threat.
b.
hippies were undermining Christianity.
c.
communists had infiltrated the government.
d.
homosexuals were transmitting AIDS to heterosexuals.
e.
secular humanists were indoctrinating educators.
13. The Bill of Rights has come to apply to the states through the interpretation of
a.
the Fourteenth Amendment.
b.
the Tenth Amendment.
c.
the commerce clause.
d.
Article III.
e.
the necessary and proper clause.
14. The earliest incorporations of portions of the Bill of Rights relied on
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.
15. In this Supreme Court decision, the Court held that the federal guarantees of free speech and free press
also applied to the states.
a.
Marbury
b.
Barron
c.
Gitlow
d.
McDonald
e.
Heller
16. 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
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.
17. Which term best describes the manner in which the Supreme Court has applied the Bill of Rights to
the states?
a.
Incorporation
b.
Selective incorporation
c.
Complete incorporation
d.
Consecutive incorporation
e.
Minimal incorporation
18. The First Amendment does not address
a.
freedom of religion.
b.
the right to bear arms.
c.
freedom of the press.
d.
freedom of speech.
e.
freedom of assembly.
19. The Espionage and Sedition Acts that were passed in 1917 and 1918 placed restrictions on
publications that
a.
advocated the overthrow of the government by force or violence.
b.
made any defamatory statements about the president or other member of government.
c.
advocated the crossing of state lines or use of interstate commerce to incite a riot.
d.
advocated treason, insurrection, or forced resistance.
e.
made any defamatory statements about military personnel or war strategy.
20. The Supreme Court justice who compared unpopular political speech to falsely shouting “Fire!” in a
theater was
a.
Louis Brandeis.
b.
Felix Frankfurter.
c.
William Rehnquist.
d.
Warren Burger.
e.
Oliver Wendell Holmes.
21. Writing for the Supreme Court, Justice Oliver Wendell Holmes proclaimed that the Congress could
punish dangerous speech when that speech
a.
represented a “clear and present danger” to the United States.
b.
incited citizens to commit a lawless action.
c.
was false.
d.
Options A, B, C, and D are true.
e.
None of the above is true.
22. Benjamin Gitlow’s case was significant because it resulted in the Supreme Court’s declaring that
a.
all sedition laws were unconstitutional.
b.
freedom of speech and freedom of the press were “fundamental.”
c.
all federal sedition laws were unconstitutional.
d.
antiwar protesters could only distribute leaflets.
e.
protesters could no longer peacefully assemble.
23. 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
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.
24. When U.S. Nazis sought to parade in Skokie, Illinois, where many Jews lived, the courts
a.
found them a clear and present danger.
b.
upheld their right to parade peacefully.
c.
refused to rule one way or another.
d.
allowed the police full discretion.
e.
allowed their arrests and convictions.
25. Written defamation of character is known as
a.
slander.
b.
obscenity.
c.
incitement.
d.
political falsehood.
e.
libel.
26. Slander differs from libel in that it refers to
a.
oral statements.
b.
written statements.
c.
public officials.
d.
private individuals.
e.
administrative hierarchies.
27. If you, as a private individual, are grievously harmed by the statements of someone who can also prove
that the statements are true, you
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.
28. If you, as a public figure, are grievously harmed by the written statements of someone who cannot
prove that they are true, you
a.
can sue the person for libel.
b.
can collect damages if you demonstrate malice.
c.
cannot sue the person.
d.
can collect damages for slander, but not for libel.
e.
can collect damages for libel, but not for slander.
29. Justice Potter Stewart’s oft-quoted dictum on hard-core as opposed to soft-core pornography was
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?”
30. The Supreme Court’s current definition of obscenity denies free-speech protection to materials or
activities that
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.
31. A local statute forbidding adult movie theaters from being located near churches, schools, or parks
would probably be
a.
upheld as a limit on free expression.
b.
upheld as a regulation of land use.
c.
overturned as contravening free speech.
d.
overturned as overly vague and broad.
e.
overturned for violating the principle of content neutrality.
32. 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
a.
prior restraint.
b.
existential priority.
c.
neutrality and clarity.
d.
least means.
e.
preferred position.
33. 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?
a.
The burning of draft cards is not political speech.
b.
The Constitution has an amendment that allows for the burning of the American flag.
c.
The Constitution has an amendment that specifically protects draft cards.
d.
The government has a right to run a military draft and so can protect draft cards, even if
this restricts speech.
e.
The American flag is a national symbol.
34. The “clear and present danger” test emerged in the Supreme Court’s decision in the case of
a.
Chaplinsky v. New Hampshire.
b.
Miller v. California.
c.
Texas v. Johnson.
d.
Reno v. ACLU.
e.
Schenck v. United States.
35. The Supreme Court upheld the constitutionality of flag burning in the case of
a.
Chaplinsky v. New Hampshire.
b.
Miller v. California.
c.
Texas v. Johnson.
d.
Reno v. Johnson.
e.
Schenck v. United States.
36. 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.
a.
McConnell v. Federal Election Commission
b.
Citizens United v. Federal Election Commission
c.
New York Times v. Sullivan
d.
Miller v. California
e.
Reno v. ACLU
37. The Supreme Court denied the Hazelwood High School student newspaper the right to print certain
stories, using the argument that
a.
young people do not have First Amendment protection against libel.
b.
the exercise of free expression by students is in violation of state educational codes.
c.
schools that allow free expression by students can legally be denied federal funding.
d.
incitement is never protected speech, even if it originates in a school newspaper.
e.
the exercise of free expression by students cannot impede the educational mission of the
school.
38. The First Amendment states that Congress shall make no law prohibiting the “free exercise” of
religion. It may, however,
a.
make laws that impose a special burden on religion.
b.
bind religions to laws that bind all others.
c.
insist that church and state remain separate.
d.
make laws respecting the establishment of a religion.
e.
declare an official religion for ceremonial purposes.
39. Military draft laws exempted “conscientious objectors” from military service. The Supreme Court
ruled that conscientious objectives are individuals that
a.
belong to an established Christian religion.
b.
identify with the Judeo-Christian heritage.
c.
participate in some recognized religion.
d.
hold deeply held moral, ethical, or religious beliefs.
e.
delieve in a Protestant faith.
40. When the Supreme Court rules that Amish people cannot be forced to send their children to school, it
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.
41. The historical reference to a “wall of separation” between religion and the state can be found in
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.
42. In a 1947 decision, the Supreme Court allowed a New Jersey town to fund busing to a parochial
school because
a.
no alternative form of transportation existed.
b.
enrollment at that school was open to all.
c.
the resulting tax burden on the average citizen was negligible.
d.
busing was religiously neutral.
e.
there was no true case and controversy.
43. In an important recent decision, the Supreme Court upheld a voucher program for students attending
religious and other private schools in Cleveland, Ohio, because
a.
the schools promised to teach no course involving religion.
b.
the aid was not given to particular schools but to the families who chose the schools.
c.
the schools removed all religious symbols and artifacts.
d.
the aid was given directly to the particular schools.
e.
the teachers were certified by the state.
44. Since 1992, having a member of the clergy offer a prayer or an invocation at a public school
graduation ceremony is
a.
unconstitutional.
b.
unconstitutional only if read from the Bible.
c.
constitutional.
d.
constitutional if not read from the Bible.
e.
constitutional if nondenominational.
45. In recent years, the Supreme Court has ruled that two Kentucky counties could no longer display the
Ten Commandments in
a.
courthouses.
b.
schools.
c.
firehouses.
d.
city halls.
e.
train stations.
46. In the __________ decision, the Supreme Court ruled that the establishment clause forbids prayer,
even a nondenominational one, in public schools.
a.
Everson v. Board of Education
b.
Engel v. Vitale
c.
Lemon v. Kurtzman
d.
Zelman v. Simmons-Harris
e.
Lee v. Weisman
47. The exclusionary rule holds that
a.
double jeopardy cannot occur.
b.
defendents who have had their rights violated can plea bargain.
c.
police officers must be disciplined.
d.
evidence gathered in violation of the Constitution cannot be used in a trial.
e.
states must prohibit religious displays in court.
48. The purpose of the exclusionary rule, according to the Supreme Court, is to
a.
limit illegal immigration.
b.
prevent crime by addressing its root causes.
c.
limit the power of courts.
d.
exclude religious activities by government employees.
e.
control the behavior of the police.
49. 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.
50. Which is an example of an unconstitutional search?
a.
Police searching a person when he or she is being arrested.
b.
Police searching the room of a house where a person is being arrested.
c.
A government worker’s files being searched for information pertain to his or her job.
d.
None of the above is true.
e.
Options A, B, C, and D are true.
51. Search warrants are not to be issued unless the standard of __________ has been met.
a.
probable cause
b.
reasonable suspicion
c.
articulable suspicion
d.
reasonable doubt
e.
preponderance of evidence
52. The landmark case on involuntary confession was that of
a.
Mapp v. Ohio.
b.
Miranda v. Arizona.
c.
Gideon v. Wainwright.
d.
Brown v. Board of Education.
e.
Gitlow v. New York.
53. Regarding the exclusionary rule, more recent decisions of the Supreme Court seem to be
a.
modifying the rule to make it less cumbersome for law enforcement.
b.
abandoning the rule to make any evidence admissible.
c.
continuing the rule as before.
d.
making the rule stricter to discourage police misconduct.
e.
expanding the rule so as to restrict the efforts of law-enforcement officers.
54. In 1984, the Supreme Court ruled that illegally obtained evidence might be used in court if it can be
demonstrated that
a.
it would have been allowed in most states.
b.
members of a jury gave it no attention.
c.
it was discovered on the basis of a tip from a reliable informant.
d.
it was critical to the outcome of a trial.
e.
its discovery was inevitable.
55. The USA Patriot Act modifies the law for grand jury hearings by
a.
allowing investigators to exchange information obtained in such proceedings.
b.
requiring oaths of allegiance by grand jury members.
c.
limiting the number of such proceedings in a given year.
d.
allowing hearsay in such proceedings.
e.
None of the above is true.
56. The main provisions of the USA Patriot Act cover all of the following EXCEPT
a.
airport security.
b.
telephone taps.
c.
Internet taps.
d.
voice mail.
e.
money laundering.
57. Which of the following statements concerning military courts is incorrect?
a.
They involve the use of military commissions of officers.
b.
They can operate in secret.
c.
Two-thirds of a commission must agree in order for a suspect to be convicted.
d.
A suspect can appeal to the attorney general.
e.
A suspect can appeal to the president.
58. The Bush administration held that those who were captured in Afghanistan and detained in military
bases at Guantánamo are
a.
citizens.
b.
soldiers.
c.
unlawful combatants.
d.
diplomats.
e.
spokesmen.
59. When the USA Patriot Act was renewed in 2006,
a.
Democrats in Congress made sure there were major overhauls.
b.
almost all of its provisions were made permanent.
c.
so many changes were made that its original supporters opposed its passage.
d.
no changes were made to the original act.
e.
its major provisions were extended for two additional years.
60. In the __________ decision, the Supreme Court ruled that persons charged with a crime have a right
to an attorney even if they cannot afford one.
a.
Gideon v. Wainwright
b.
Mapp v. Ohio
c.
Miranda v. Arizona
d.
United States v. Leon
e.
Hamdi v. Rumsfeld
TRUE/FALSE
1. The Bill of Rights was the by-product of concerns expressed at the ratifying conventions in the states.
2. In 1803, President Thomas Jefferson wrote the governor of Pennsylvania requesting that the governor
prosecute newspaper publishers for the “licentiousness” of their papers.
3. Under the Espionage and Sedition Acts of 1917 and 1918, thousands of individuals were prosecuted,
imprisoned, or deported.
4. The Smith Act of 1940 respected the right of Americans to join the political party of their choice.
5. In the 1980s, Puerto Rican nationalists were changed with sedition.
6. Originally, the Bill of Rights applied only to the federal government.
7. The right to be indicted by a grand jury for serious crimes has been incorporated to the states.
8. The “clear and present danger” test of speech was constructed by Thomas Jefferson.
9. The Supreme Court ruled that the political speech of Charles T. Schenck presented a “clear and present
danger” to the United States.
10. In the Brandenburg case, the Supreme Court ruled that any speech that does not “incite an immediate
lawless action” is protected.
11. Libel involves written statements.
12. Obscenity is protected by the First Amendment.
13. For materials to be ruled obscene, they must lack serious literary, artistic, political, or scientific value.
14. 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.
15. The Supreme Court has ruled that high school students have the same rights as adults in expressing
their beliefs.
16. Federal courts have ruled that Indian tribes using the drug peyote in religious ceremonies are exempt
from any state laws that ban such use.
17. At the time of the American Revolution, there were established churches in the colonies.
18. Public schools may not have clergy lead prayers at graduation ceremonies was decided in Lee v.
Weisman.
19. The Fourth Amendment grants individuals freedom from unreasonable searches and seizures.
20. If officers have probable cause to search an automobile, they can also search things that are being
carried by passengers.
Chapter 5: Civil Liberties 83
ESSAY
1. Explain how the U.S. Supreme Court through “incorporation” has applied most of the Bill of Rights to
the states.
2. Discuss how the Supreme Court’s interpreted the freedom of speech provision of the Bill of Rights in
Schenck v. United States.
3 Define libel and outline the basic features of libel law in the United States.
4. Discuss how the Supreme Court has ruled on the issue of obscenity.
5. Identify the three-pronged test that the Supreme Court has employed to assist in decision making for
cases involving concerns about separation of church and state.
6. How did the Court rule in two recent cases involving the Ten Commandments in Kentucky and Texas?
7. Discuss the facts of the case and the importance of the Supreme Court’s rule in in Mapp v. Ohio.
8. Discuss a few of the scenarios covered in the textbook where a lawful search can be conducted without
a warrant.
9. Summarize the facts of the case and the Supreme Court’s ruling in Miranda v. Arizona.
10. Discuss five key provisions of the USA Patriot Act.