Civil Liberties #4

1) The Framers would have considered a clause in the U.S. Constitution prohibiting censorship of the press a) Undesirable. b) Unreasonable. c) Unnecessary. d) All of the above.

2) The use of dogs to sniff high school lockers for drugs has been determined by the Supreme Court to be a) Unconstitutional. b) Constitutional under all circumstances. c) Constitutional if parental permission is obtained. d) Constitutional if incident to a reasonable search.

3) A person treating the U.S. flag contemptuously is a) Subject to conviction in federal court. b) Subject to conviction in state court. c) Protected by the right to exercise free speech. d) Protected by Fourth Amendment rights.

4) A basic difference between the Bill of Rights and the U.S. Constitution proper is that the former a) Covers what government cannot do. b) Authorizes government to censor newspapers. c) Protects free speech. d) Applies principally to states.

5) The Bill of Rights was added to the U.S. Constitution at the insistence of the a) Founders. b) State ratifying conventions. c) First Continental Congress. d) Federalist Party.

6) Because the costs to others of some people’s refusal to salute the flag are slight, we would expect efforts to make those people salute to be a) Infrequent. b) Effective. c) Independent on interest group politics. d) Unconstitutional.

7) The small, intensely motivated groups protected by the Bill of Rights are the sort we would normally expect to be protected by a) Client politics. b) Majoritarian politics. c) Interest group politics. d) Entrepreneurial politics. 8) Civil liberties become a major issue for all of the following reasons except that a) The rights of different groups may conflict. b) The costs of enforcing rights may be excessive. c) Passions may be inflamed by entrepreneurs. d) Principles themselves may be in conflict.

9) What separates the politics of civil liberties from those of other issues is that a) The rights of different groups may conflict. b) The costs of enforcing rights may be excessive. c) Passions are inflamed by entrepreneurs. d) Principles themselves are in conflict.

10) When someone arouses large numbers of ordinarily indifferent people to demand restrictions on the freedom of minorities, this is an example of a) Majoritarian politics. b) Client politics. c) Interest group politics. d) Entrepreneurial politics.

11) The case of the anti-Jewish speeches of Carl Jacob Kunz illustrates how civil liberties issues arise when a) The rights of different groups are in conflict. b) The costs of enforcing rights are excessive. c) Passions are inflamed by entrepreneurs. d) Principles themselves are in conflict.

12) 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.

13) Civil liberties conflicts between the Fraternal Order of Police and the American Civil Liberties Union (ACLU) are most likely to be examples of a) Majoritarian politics. b) Interest group politics. c) Entrepreneurial politics. d) Client politics.

14) 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? a) The Sedition Act of 1798 b) The Espionage Act of 1917 c) The Smith Act of 1940 d) The Internal Control Act of 1960

15) Fear of violence in the United States following the French Revolution helped to stimulate passage of the a) Espionage Act of 1917. b) Internal Security Act. c) Sedition Act of 1798. d) Smith Act of 1940.

16) The Espionage Act of 1917 was passed by Congress as a result of events related to a) The Civil War. b) World War I. c) World War II. d) The Korean War.

17) The Espionage and Sedition Acts were largely stimulated by fears of a) Germans and radicals. b) Radicals and blacks. c) Blacks and communists. d) Japanese and Germans.

18) An example of how entrepreneurial politics can enter the realm of civil liberties is that of a) The so-called Red Scare during World War I. b) Dr. Samuel Sheppard’s assertion of his right to a fair trial. c) Jewish opposition to Christmas crèches. d) Efforts to bring bilingual education into Hispanic districts.

19) The leading spokesperson in the quest to eradicate a communist conspiracy in the United States during the 1950s was a) Attorney General Biddle. b) Senator Joseph McCarthy. c) Chief Justice Earl Warren. d) Vice President Richard Nixon.

20) 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.

21) 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.

22) When are laws that narrow the limits of permissible speech and activity most likely to be passed? a) When entrepreneurial politics is weakest b) During times of war or civil unrest c) When cultures are in conflict d) During times of peace and prosperity 23) The earliest immigrant group to arrive in large numbers and thus later the scope of civil rights issues consisted of a) Mexican Hispanics. b) Hispanics from other Latin American countries. c) Irish Catholics. d) Southeast Asians.

24) The immigrant group usually associated with the drive for bilingual education is composed of a) Southeast Asians. b) Hispanics. c) Africans. d) Eastern Europeans.

25) The balance between community sensitivities and personal self-expression is most likely to be challenged when a) Rights conflict (e.g., the New York Times and Pentagon Papers). b) Policy entrepreneurs become involved (e.g., the McCarthy era). c) Cultures conflict (e.g., Jewish versus Christian symbols). d) Minorities are represented (e.g., sedition acts).

26) A good example of how community sensitivities and personal self-expression can sometimes conflict is that of a) Sedition acts. b) The Sheppard case. c) The blacklisting of suspected communists. d) Nude dancing.

27) A good example of how community sensitivities and personal self-expression can sometimes conflict is that of a) Sedition acts, such as that passed in 1798. b) The Sheppard case. c) The blacklisting of suspected communists. d) An exhibit of pornographic photographs.

28) The two freedoms covered in the First Amendment are a) Privacy and expression. b) Expression and religion. c) Religion and bearing arms. d) Bearing arms and privacy.

29) 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.

30) The Sedition Act of 1798 left the determination of guilt or innocence up to a) Military courts. b) Administrative courts. c) The judge. d) The jury.

31) 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 members 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.

32) Charles T. Schenck was convicted in 1919 for a) Speaking in favor of isolationism. b) Advocating the overthrow of the government. c) Planning a violent insurrection. d) Mailing draft-resistance circulars to young men.

33) The English jurist William Blackstone believed that freedom of the press should be characterized by a) Freedom from prior restraint. b) Freedom from libel. c) Freedom from slander. d) The clear-and-present danger test.

34) The Supreme Court justice who compared unpopular political speech to falsely shouting fire in a theater was a) Louis Brandeis. b) Felix Frankfurter. c) Oliver Wendell Holmes. d) Warren Burger.

35) The possibility that the Bill of Rights might restrict some state actions came about with the adoption of a) The Sedition Laws. b) The Fourteenth Amendment. c) The state-limiting clause. d) Non-fundamental categories in the Supreme Court.

36) The crucial phrase of the constitutional amendment that allowed federal judges to supervise criminal procedures in the states was a) “cruel and unusual punishment.” b) “honor roll of fundamental categories.” c) “equal protection.” d) “due process of law.” 37) The Supreme Court first suggested that basic liberties might be applied to the states in the case of a) Benjamin Gitlow. b) Oliver Wendell Holmes. c) Clarence Brandenburg. d) Charles T. Schenck.

38) For fifty years after the passage of the Fourteenth Amendment, the Supreme Court a) Applied the Bill of Rights to state actions. b) Denied that the due-process clause affected the states. c) Held the amendment unconstitutional. d) Continued to cut down state obscenity and sedition laws.

39) When eleven communists were convicted under the Smith Act of 1940, the Supreme Court a) Found the act unconstitutional. b) Approved the act but vacated the sentences. c) Upheld the convictions. d) Remanded the case for retrial.

40) 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 a) Upheld his conviction. b) Overturned his conviction. c) Upheld his acquittal. d) Overturned his acquittal.

41) When Ku Klux Klan leader Clarence Brandenburg was arrested for his statement threatening to “take the street,” the Supreme Court ruled that a) He could say whatever he wanted. b) There was no premeditation, so his conviction was void. c) His advocacy of violence could not be punished unless it was likely to incite imminent lawless action. d) It was a matter for Ohio courts to decide.

42) 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.

43) In 1992 the Supreme Court overturned a Minnesota statute involving the display of odious symbols. The Court ruled that the display is a) Protected by the Constitution. b) Protected by the Constitution but must be punished as a hate crime. c) Not protected by the Constitution. d) Not protected by the Constitution and must be punished as a hate crime. 44) 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) Preferred position. c) Neutrality and clarity. d) Least means.

45) Written defamation of character is known as a) Slander. b) Obscenity. c) Libel. d) Political falsehood.

46) Slander differs from libel in referring to a) Oral statements. b) Written statements. c) Public officials. d) Private individuals.

47) If you, as a private individual, are defamed and harmed grievously by someone who can prove that the defamation is 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 libel.

48) If you, as a public individual are defamed by someone who cannot prove that the defamation is true, you a) Can sue that person for libel. b) Can collect damages if you demonstrate malice. c) Cannot sue the person. d) Can collect damages for slander, but not libel.

49) In general, you may make false and defamatory statements about public officials as long as you lack a) Actual malice. b) Presumed competence. c) Provocative motivation. d) Venal motivation.

50) The 1973 Supreme Court 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. 51) A local statute forbidding adult movie theaters from being located near churches, schools, or parks was 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.

52) Protection under the Supreme Court’s definition of obscenity is given to a) Books and magazines only. b) Books, magazines, and films only. c) Almost any form of visual or auditory communication, including nude dancing. d) Almost any form of visual or auditory communication, with the exception of nude dancing and live sex.

53) An Indianapolis ordinance defining pornography as the “graphic, sexually explicit subordination of women” was held by the Supreme Court to be a) In keeping with the Court’s stance on symbolic speech. b) In violation of the First Amendment. c) An interference with the adult right of privacy. d) The legislation of constitutional feminism.

54) Symbolic speech, as defined by the text, is a) Speech that relies on a written message. b) An act that conveys a political message. c) Speech that relies on an oral message. d) An act that destroys something sacred.

55) One form of symbolic speech permitted by the Supreme Court is a) Draft-card burning. b) Political assassination. c) Flag burning. d) Spitting at a politician.

56) Burning a flag is protected by the First Amendment whereas burning a draft card is not. The difference between these two acts is that a) Government has a right to run a military draft and so can protect draft cards. b) Burning a draft card falls directly under the provisions of the Sedition Act of 1918. c) Burning a flag is not necessarily a political act. d) Burning a flag represents symbolic speech, whereas burning a draft card is not symbolic speech.

57) If people have a right to speak and publish, do corporations, interest groups, and children have the same right? a) Yes, although there are some exceptions. b) Yes, without exception. c) No, although there are some exceptions. d) No, without exception. 58) On the issue of people’s constitutional right to speak and publish, which of the following is true? a) Corporations and interest groups do not have the same rights. b) Young people have more freedom of expression than adults. c) Corporations and interest groups have the same right. d) Young people have the same freedom of expression as adults.

59) Each of the following groups has recently been regarded by the Supreme Court as a “person” enjoying rights of free expression except a) The First National Bank of Boston. b) The Hazelwood High School student newspaper. c) Massachusetts Citizens for Life. d) The Pacific Gas and Electric Company.

60) 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) The exercise of free expression by students cannot impede the educational mission of the school.

61) The two clauses of the First Amendment that deal with religion are concerned with a) Free exercise and establishment. b) Prohibition and free exercise. c) Separation and prohibition. d) Prohibition and free exercise.

62) The first, and clearer, reference to religion in the First Amendment is called the a) Establishment clause. b) Nondiscriminatory clause. c) Free-exercise clause. d) Freedom-of-choice clause.

63) The First Amendment states that Congress shall make no law prohibiting the “free exercise” of religion. This means that a) Law may not impose a special burden on religion. b) Religions are exempt from laws that bind all others. c) Church and state must remain separate. d) Congress shall also make no law respecting the establishment of religion.

64) 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. 65) A state cannot apply a license fee on Jehovah’s Witnesses who solicit door to door. This is in keeping with the a) Free-exercise clause of the First Amendment. b) Wall of separation called for by Thomas Jefferson. c) Establishment clause of the First Amendment. d) Three-part test for constitutional aid to religions.

66) For the Supreme Court to uphold conscientious objection to military service, that objection must be rooted in a) An established Christian religion. b) The Judeo-Christian heritage. c) Some recognized religion. d) Deeply held beliefs.

67) The Supreme Court has required those who claim exemption from military service on the grounds of conscientious objection to a) Have deeply held beliefs against military service. b) Belong to an established church. c) Profess belief in a Supreme Being. d) All of the above.

68) When the Court rules that Amish people cannot be forced to send their children to school beyond the eighth grade, it a) Neither establishes religion nor protects its free exercise. b) Protects freedom of religion at the risk of establishing it. c) Avoids establishing religion at the risk of impeding its free exercise. d) Both establishes religion and impedes its free exercise.

69) The notion of a “wall of separation” between church and state is agree upon by a) Supreme Court interpretations but not scholars. b) Scholars but not Supreme Court interpretations. c) Both scholars and Supreme Court interpretations. d) Neither scholars nor Supreme Court interpretations.

70) The historical source for the “wall of separation” between religion and the state is 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.

71) The Supreme Court has generally taken what position on Thomas Jefferson’s call for a “wall of separation” between church and state? a) It has rejected this concept. b) It has adopted this concept. c) It has consistently refused to rule on this concept. d) It has reversed itself on several occasions on this concept.

72) On the question of church and state in the schools, the Supreme Court has permitted a) Public bus service to Catholic schools. b) Homeroom prayer exercises in public schools. c) Required release-time from public school for religious instruction. d) Equal time for evolutionism and creationism.

73) Which of the following laws has the Supreme Court not ruled unconstitutional? a) Laws calling for the teaching of creationism b) Laws calling for in-school release-time for religious instruction c) Laws calling for school prayer d) Laws calling for aid to parochial school for secular purposes

74) 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.

75) Since 1992, a member of a clergy offering 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.

76) The Supreme Court has struck down laws that require the teaching of the theory of a) Creationism. b) Relativity. c) Evolution. d) Lamarckism.

77) The Supreme Court has ruled that certain kinds of government involvement in religious activities are acceptable. One condition of such involvement is that it

a) Apply equally to all groups, including Congress. b) Avoid giving preference to the Judeo-Christian God. c) Not be applied to aid to parochial schools. d) Have a secular (nonreligious) purpose.

78) The Supreme Court has ruled that certain kinds of government involvement in religious activities are acceptable. One condition of such involvement is that it a) Apply equally to all groups, including Congress. b) Avoid giving preference to the Judeo-Christian God. c) Not be applied to aid to parochial schools. d) Neither advance nor inhibit religion. 79) The Supreme Court has ruled that certain kinds of government involvement in religious activities are acceptable. One condition of such involvement is that it

a) Apply equally to all groups, including Congress.

b) Avoid giving preference to the Judeo-Christian God.

c) Not be applied to aid to parochial schools.

d) Not foster an excessive government entanglement with religion. 80) The text argues that, with respect to crime, it has been difficult for the courts to a) Make laws. b) Enforce laws. c) Decide what the Bill of Rights means and how to put it into effect. d) Get the police to pay attention to their decisions.

81) Most nations deal with the problem of illegally obtained evidence by a) Not allowing it to be presented in court. b) Allowing only conclusions drawn from it to be presented in court. c) Dismissing the officers involved in obtaining it. d) Punishing police misconduct apart from the criminal trial.

82) The United States deals with the problem of illegally obtained evidence by a) Dismissing cases that offer such evidence. b) Allowing only conclusions drawn from it to be presented in court. c) Dismissing the officers involved in obtaining it. d) Punishing police misconduct apart from the criminal trial.

83) The argument that tainted evidence cannot be used in court if citizens’ rights are to be maintained leads to what is called a) Double jeopardy. b) Plea bargaining. c) Disciplining of police officers. d) The exclusionary rule.

84) The Supreme Court first considered whether to apply the exclusionary rule to the states in a) 1917. b) 1938. c) 1949. d) 1961.

85) The purpose of the exclusionary rule, according to the Supreme Court, is to a) Limit illegal immigration. b) Control the behavior of the police. c) Limit the power of courts. d) Exclude religious activities by government employees.

86) The landmark case on illegally obtained evidence was a) Mapp. b) Miranda. c) Escobedo. d) Brown.

87) The arrest of Dollree Mapp for possessing obscene pictures was voided by the Supreme Court because a) The pictures were not obscene by community standards. b) The police were actually looking for drugs. c) Mapp was not notified of her rights. d) The police had not obtained a search warrant.

88) Police are allowed to search a building for evidence if they have a) Probable cause or a warrant from a judge. b) A warrant from a judge or permission of the occupant. c) Permission of the occupant or probable cause. d) Probable cause or permission of the owner.

89) Police may legally search persons for evidence either when they have a search warrant or when a) They have probable cause. b) They are in hot pursuit. c) Someone has complained. d) They legally arrest those persons.

90) Incident to the valid arrest of a person inside a building, police may legitimately search all of the following except a) Beneath the clothing of the person arrested. b) Things in plain view. c) Things in other rooms of the building. d) Things under the control of the person arrested.

91) During an arrest, the police may legally search all of the following except a) The suspect. b) Things under the suspect’s direct control. c) Things in other rooms of the house. d) Things in plain view.

92) The desk and files of a government employee may legitimately be searched by a supervisor without a warrant, provided that a) The object of the search is related to the employee’s work. b) The employee is present at the search. c) A law enforcement officer has requested the search. d) A matter of national security is involved.

93) Protection against a police search of those places in which you have a reasonable expectation of privacy means that police cannot normally search, without a warrant, your a) Barn. b) Mobile home. c) Kitchen. d) Backyard from an airplane.

94) Protection against a police search of those places in which you have a reasonable expectation of privacy means that police cannot normally search, without a warrant, your a) Barn. b) Mobile home. c) Stomach. d) Backyard from an airplane.

95) When the Supreme Court was asked to rule on the constitutionality of a Georgia statute declaring homosexual activities to be illegal, it a) Voided the statute by unanimous vote. b) Voided the statute by a narrow vote. c) Upheld the statute by unanimous vote. d) Upheld the statute by a narrow vote.

96) The Supreme Court has ruled that some drug testing is permissible, even in the absence of suspicion or a search warrant. An example is the testing of a) Any federal employee. b) Railroad employees involved in accidents. c) Cabinet officers and other government officials. d) Airline pilots.

97) The Supreme Court has ruled that some drug testing is permissible, even in the absence of suspicion or a search warrant. An example is the testing of a) Any federal employee. b) Customs Service agents. c) Cabinet officers and other government officials. d) Airplane pilots.

98) The landmark case on involuntary confession was that of a) Mapp. b) Miranda. c) Yates. d) Brown.

99) In the Escobedo and Miranda cases, the Supreme Court changed its mind on whether a) Involuntary confessions may be used in state court trials. b) Involuntary confessions may be used in federal court trials. c) Torture may be used to obtain confessions. d) Police may arrest only with probable cause.

100) A person being arrested must be informed of all the following rights except a) The right to sue for false arrest. b) The right to hire a lawyer. c) The availability of a free lawyer if the person is unable to pay. d) The right to remain silent. 101) A person being arrest must be informed of all the following Miranda rights except a) The right to stop at any time while giving a statement. b) The right to legal representation. c) The right to make one telephone call. d) The right to remain silent.

102) In time, the original ruling in Miranda was extended to allow those accused to have lawyers present in all of the following circumstances except a) When being booked at precinct headquarters. b) When appearing in a police lineup. c) When being questioned by a psychiatrist to determine competency to stand trial. d) When being questioned by police after arrest.

103) Regarding the exclusionary rule, during the period up to 1990 the courts seemed to be a) Modifying it to make it less cumbersome. b) Abandoning it to make any evidence admissible. c) Continuing it as before. d) Making it stricter to discourage police misconduct.

104) An example of a good-faith exception to the exclusionary rule would be if police a) Conduct a search incidental to an arrest. b) Conduct a search with a properly obtained search warrant. c) Use a defective search warrant they believe to be valid. d) Search an automobile they believe to be carrying drugs.

105) An example of a good-faith exception to the exclusionary rule would be if police conduct a search a) Incidental to an arrest. b) With a properly obtained search warrant. c) Without a warrant but with concern for public safety. d) Of an automobile believed to be carrying drugs. ANSWERS

19) B 20) C

44) B 45) C

69) A 70) C

94) C 95) D

100) A

101) C

102) A

103) A

104) C

105) C