Chapter Review Questions Civil Liberties Multiple Choice Pages 98-113

10. The use of dogs to sniff high school lockers for drugs has been determined by the Supreme Court to be a0. unconstitutional. b0. constitutional under all circumstances. c0. constitutional if parental permission is obtained. d0. constitutional if supervised by a federal agent. e0. constitutional if incident to a reasonable search. A person treating the U.S. flag contemptuously is a0. subject to conviction in federal court. b0. subject to conviction in state court. c0. subject to conviction in state and federal court. d0. protected by Fourth Amendment rights. e0. protected by the right to exercise free speech. A basic difference between the Bill of Rights and the U.S. Constitution proper is that the former a0. covers what government cannot do. b0. authorizes government to censor newspapers. c0. protects free speech. d0. applies principally to states. e0. applies principally to state government. Civil liberties become a major issue for all of the following reasons except that a0. the rights of different groups may conflict. b0. the costs of enforcing rights may be excessive. c0. passions may be inflamed by entrepreneurs. d0. principles themselves may be in conflict. e0. A and D. The case of Dr. Samuel H. Sheppard and Walter Winchell illustrates how civil liberties issues arise when a0. the rights of different groups are in conflict. b0. the costs of enforcing rights are excessive. c0. passions are inflamed by entrepreneurs. d0. principles themselves are in conflict. e0. the costs of enforcement are moderate. 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? a0. the Sedition Act of 1798 b0. the Espionage Act of 1917 c0. the Smith Act of 1940 d0. the Internal Control Act of 1960 e0. the F.O.L.E. Act of 1975 The Espionage Act of 1917 was passed by Congress as a result of events related to a0. the Civil War. b0. World War I. c0. World War II. d0. the Korean War. e0. The Panic of 1913. The leading spokesperson in the quest to eradicate a communist conspiracy in the United States during the 1950s was a0. Attorney General Biddle. b0. Kate Richards OHare. c0. Chief Justice Earl Warren. d0. Vice President Richard Nixon. e0. Senator Joseph McCarthy. Usually, the Supreme Court has reacted to wartime curtailments of civil liberties by a0. upholding them. b0. rejecting them. c0. upholding them at first, limiting them later. d0. rejecting them at first, reinstating them later.

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avoiding rulings on constitutionality and consigning such issues to the lower federal courts.

100. The immigrant group usually associated with the drive for bilingual education is composed of a0. Southeast Asians. b0. Hispanics. c0. Africans. d0. Eastern Europeans. e0. Germans. 110. A good example of how community sensitivities and personal self-expression can sometimes conflict is that of a0. sedition acts. b0. the Sheppard case. c0. the blacklisting of suspected communists. d0. incitement statutes. e0. nude dancing. 120. In 2000, the U.S. Supreme Court upheld the right of what organization to refuse membership to homosexual men? a0. National Football League. b0. Fraternal Order of Police. c0. Boy Scouts of America. d0. Rotary Club. e0. Pensacola Jaycees. 130. The two freedoms covered in the First Amendment are a0. privacy and expression. b0. expression and religion. c0. religion and bearing arms. d0. bearing arms and privacy. e0. privacy and security. 140. The First Amendment does NOT address a0. freedom of religion. b0. the right to bear arms. c0. freedom of the press. d0. freedom of speech. e0. freedom of assembly. 150. The Espionage and Sedition acts that were passed in 1917 and 1918 placed restrictions on publications that a0. advocated the overthrow of the government by force or violence. b0. made any defamatory statements about the president or other member of government. c0. advocated the crossing of state lines or use of interstate commerce to incite a riot. d0. advocated treason, insurrection, or forced resistance. e0. made any defamatory statements about military personnel or war strategy.

160. Charles T. Schenck was convicted in 1919 for a0. speaking in favor of isolationism. b0. advocating the overthrow of the government. c0. planning a violent insurrection. d0. mailing draft-resistance circulars to young men. e0. planting a bomb in the Capital. 170. In the early 1920s, Charles T. Schenck was convicted under the Espionage Act because, as the Supreme Court saw it, a0. he was an illegal alien. b0. he had published documents that were vital to national security. c0. his actions presented a clear and present danger. d0. his actions threatened the security of the nation. e0. he had not intentionally inspired lawlessness. 180. The English jurist William Blackstone believed that freedom of the press should be characterized by a0. freedom from prior restraint. b0. freedom from libel. c0. freedom from slander. d0. the clear-and-present danger test. e0. the bad tendency test.

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The Supreme Court justice who compared unpopular political speech to falsely shouting fire in a theater was a0. Louis Brandeis. b0. Felix Frankfurter. c0. William Rehnquist. d0. Warren Burger. e0. Oliver Wendell Holmes.

200. The possibility that the Bill of Rights might restrict some state actions came about with the adoption of a0. the Sedition Laws. b0. the Fourteenth Amendment. c0. the state-limiting clause. d0. nonfundamental categories in the Supreme Court. e0. the Seventeenth Amendment. 210. The crucial phrase of the constitutional amendment that allowed federal judges to supervise criminal procedures in the states was a0. "cruel and unusual punishment." b0. "honor roll of fundamental categories." c0. "equal protection." d0. "due process of law." e0. commerce clause. 220. When Ku Klux Klan leader Clarence Brandenburg was arrested for his statement threatening to "take the street," the Supreme Court ruled that a0. he could say whatever he wanted. b0. there was no premeditation, so his conviction was void. c0. his advocacy of violence could not be punished unless it was likely to incite imminent lawless action. d0. it was a matter for Ohio courts to decide. e0. he was within the protections of the First Amendment because he had legally obtained a license. 230. Written defamation of character is known as a0. slander b0. obscenity c0. incitement d0. political falsehood e0. libel 240. Slander differs from libel in referring to a0. oral statements. b0. written statements. c0. public officials. d0. private individuals. e0. administrative hierarchies. 250. In general, you may make false and defamatory statements about public officials as long as you lack a0. actual malice. b0. presumed competence. c0. provocative motivation. d0. venal motivation. e0. intentional duplicity. 260. Which of the following statements concerning the Courts 1989 flag burning case is incorrect? a0. The case originated in Texas. b0. The Court declared the state law unconstitutional. c0. The vote of the Justices was unanimous. d0. The public was outraged by the decision. e0. Congress soon passed a law making flag burning a federal crime. 270. A local statute forbidding adult movie theaters from being located near churches, schools, or parks was a0. upheld as a limit on free expression. b0. upheld as a regulation of land use. c0. overturned as contravening free speech. d0. overturned as overly vague and broad. e0. overturned for violating the principle of content neutrality.

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Protection under the Supreme Court's definition of obscenity is given to a0. books and magazines only. b0. books, magazines, and films only. c0. almost any form of visual or auditory communication, including nude dancing. d0. almost any form of visual or auditory communication, with the exception of nude dancing and live sex. e0. films, but not books and magazines.

290. In a 2002 case, the Supreme Court struck down a portion of a 1996 law related to child pornography because the case at hand involved a0. the Internet. b0. imported magazines. c0. virtual, or computer simulated images. d0. a child psychology book. e0. newspaper articles. 300. Symbolic speech, as defined by the text, is a0. speech that relies on a written message. b0. speech that cannot be interpreted as insulting. c0. speech that relies on an oral message. d0. an act that destroys something sacred. e0. an act that conveys a political message. 310. Each of the following groups has recently been regarded by the Supreme Court as a "person" enjoying rights of free expression except a0. the First National Bank of Boston. b0. the Hazelwood High School student newspaper. c0. Massachusetts Citizens for Life. d0. the Pacific Gas and Electric Company. e0. A and D. 320. The two clauses of the First Amendment that deal with religion are concerned with a0. free exercise and establishment. b0. prohibition and free exercise. c0. separation and prohibition. d0. prohibition and free exercise. e0. separation and free exercise. 330. The First Amendment states that Congress shall make no law prohibiting the "free exercise" of religion. This means that a0. law may not impose a special burden on religion. b0. religions are exempt from laws that bind all others. c0. church and state must remain separate. d0. Congress shall also make no law respecting the establishment of a religion. e0. religious leaders may normally operate outside the legal system. 340. For the Supreme Court to uphold conscientious objection to military service, that objection must be rooted in a0. an established Christian religion. b0. the Judeo-Christian heritage. c0. some recognized religion. d0. deeply held beliefs. e0. a Protestant faith. 350. The historical source for the "wall of separation" between religion and the state is a0. the Bill of Rights. b0. a series of debates in the First Congress. c0. the writings of Thomas Jefferson. d0. twentieth-century Supreme Court decisions. e0. the Federalist papers. 360. On the question of church and state in the schools, the Supreme Court has permitted a0. public bus service to Catholic schools. b0. homeroom prayer exercises in public schools. c0. required release-time from public school for religious instruction. d0. equal time for evolutionism and creationism. e0. Bible reading in public schools if unaccompanied by commentary.

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Since 1992, a member of clergy's offering a prayer or an invocation at a public school graduation ceremony is a0. unconstitutional. b0. unconstitutional only if read from the Bible. c0. constitutional. d0. constitutional if not read from the Bible. e0. constitutional if non-denominational.

380. The Supreme Court has struck down laws that require the teaching of the theory of a0. creationism. b0. relativity. c0. evolution. d0. Tredwayism. e0. secularism. 390. Current Supreme Court rulings would permit all of the following forms of state aid to church-related schools except a0. salary supplements to teachers of nonreligious subjects. b0. construction of college buildings. c0. textbook loans. d0. tax-exempt status for the schools. e0. A and D. 400. The Supreme Court has ruled that certain kinds of government involvement in religious activities are acceptable. One condition of such involvement is that it a0. apply equally to all groups, including Congress. b0. avoid giving preference to the Judeo-Christian God. c0. not be applied to aid to parochial schools. d0. have a secular (nonreligious) purpose. e0. include opportunities for dissenters to express their views.

Clear and Present Danger test Civil Liberties Communist Control Act Conscientious objector Creationism Due process clause Establishment clause Exclusionary rule Free exercise clause Freedom of expression Freedom of religion Good-faith exception Least means Libel McCarthyism Prior restraint Probable cause Red Scare Search warrant Sedition Act Symbolic speech Wall-of-separation principle Equal Protection of the law Selective incorporation

1. Give some examples of how interest group politics and entrepreneurial politics give rise to civil liberties cases. 2. Explain what "incorporation" means and summarize its history in the Supreme Court. Why does it remain a problematic, if not controversial, concept in jurisprudence? 3. List and give examples of the three ways in which, according to the text, civil liberties claimed by some can become major issues in politics. 4. Identify some of the ways in which freedom of speech is limited by the Supreme Court' interpretation of the First Amendment? 5. Explain the definition of obscenity currently used by the Supreme Court. 6. Explain why flag burning is considered "protected speech" and then identify the series of events that led to the current understanding. 7. Discuss the advantages and disadvantages of the exclusionary rule, arguing either for or against its relaxation. 8. Identify some of the numerous exceptions to the warrant requirement. Under what conditions can the police conduct a search without a warrant?

Answer Key
1. a. Interest group: competing rights of individuals in conflict with one another (e.g., Samuel Sheppard's right to a fair trial versus reporters' rights to report, government's duty to provide defense versus the right of the New York Times to publish the Pentagon Papers, Kunz's right to speak versus preservation of public order in Jewish neighborhoods) b. Entrepreneurial: someone mobilizes the public and policy makers to restrict rights of an unpopular minority group (e.g., Red Scare, 19171920; Japanese-Americans' relocation, World War II; the McCarthy era, late 1940s and 1950s; the government secrecy debate, the Vietnam era) 2. a. a Bill of Rights originally thought to limit the national government b. Civil War and ratification of the Fourteenth Amendment (due process and equal protection clauses) c. Gitlow and Palko "ordered liberty" and "fundamental" rights d. Which rights are "fundamental?" How does one decide? 3. a. Rights in conflict: Sheppard case, Pentagon Papers, Kunz speeches b. Actions of policy entrepreneurs: various sedition and espionage acts, McCarthyism, 1960s laws c. Conflicts in principles of U.S. political culture: civic religious exercises and displays, bilingual schools 4. a. Libel: no prior restraint, but suits possible by those libeled b. Symbolic speech: not given same protection as pure speech (e.g., draft-card burning) but some protected (e.g., flag burning) c. Obscenity: not always protected because "no social value" d. False advertising 5. a. A work must be taken as a whole and must be judged by the average person applying contemporary community standards. b. It must appeal to the prurient interest and depict sexual conduct in a patently offensive way. c. It must lack literary, artistic, scientific, or political value. 6. a. Supreme Court ruled it was protected speech in 1989 case b. Congress passed a federal law by large majorities

c. Supreme Court declared the law unconstitutional d. Constitutional amendment is necessary, something less than two thirds of the House and Senate were willing to pursue 7. a. Advantages: motivates police officers to respect civil rights of suspects, gives to the courts a sure sanction b. Disadvantages: permits clearly guilty criminals to go free in some cases, lessens respect for police and perhaps for the law c. Possibilities: control police conduct with disciplinary measures, as most Western nations do; relax exclusionary rule on grounds it is too technical in its present form; retain the rule in full force 8. a. Consent: can search a building if the occupant gives them permission b. Search incident to an arrest: can search you and the area under your control c. Plain view: can seize contraband in plain view, assuming they are in a place where they have the right to be d. Automobiles: can be searched without a warrant if there is a reasonable, articulable suspicion the car is involved in illegal activity. e. Good faith exception f. Public safety exception