CHAPTER 5

Civil Liberties
MULTIPLE CHOICE QUESTIONS
Ans: Page: Type: E 98 Factual 10. The use of dogs to sniff high school lockers for drugs has been deter ined by the !upre e "ourt to be a0. unconstitutional. b0. constitutional under all circu stances. c0. constitutional if parental per ission is obtained. d0. constitutional if super#ised by a federal agent. e0. constitutional if incident to a reasonable search. A person treating the %.!. flag conte ptuously is a0. sub&ect to con#iction in federal court. b0. sub&ect to con#iction in state court. c0. sub&ect to con#iction in state and federal court. d0. protected by Fourth A end ent rights. e0. protected by the right to e'ercise free speech. The case of )r. !a uel *. !heppard and +alter +inchell illustrates ho, ci#il liberties issues arise ,hen a0. the rights of different groups are in conflict. b0. the costs of enforcing rights are e'cessi#e. c0. passions are infla ed by entrepreneurs. d0. principles the sel#es are in conflict. e0. the costs of enforce ent are oderate. "onflicts in ci#il liberties often arise because a0. a&oritarian politics is ineffecti#e in resol#ing crises. b0. the %.!. Constitution is #ague on issues of indi#idual rights. c0. the Bill of Rights lists se#eral co peting rights. d0. policy entrepreneurs rarely operate in the ci#il rights area. e0. the !upre e "ourt has refused to play a leading role in the interpretation of the First A end ent. "i#il liberties conflicts bet,een the Fraternal /rder of Police and the A erican "i#il 0iberties %nion 1A"0%2 are most likely to be e'a ples of a0. a&oritarian politics. b0. neo3institutional politics. c0. entrepreneurial politics. d0. client politics. e0. interest group politics.

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The Espionage and !edition Acts ,ere largely sti ulated by fears of a0. 5er ans and radicals. b0. radicals and blacks. c0. blacks and co unists. d0. 6apanese and 5er ans. e0. socialists and steel ,orkers. An e'a ple of ho, entrepreneurial politics can enter the real of ci#il liberties is that of a0. the so3called 8ed !care during +orld +ar 9. b0. )r. !a uel !heppard:s assertion of his right to a fair trial. c0. 6e,ish opposition to "hrist as creches. d0. efforts to bring bilingual education into *ispanic districts. e0. All of the abo#e. !enator 6oseph ;c"arthy beca e a po,erful policy entrepreneur by clai ing that a0. the 6apanese posed a +est "oast security threat. b0. hippies ,ere under ining "hristianity. c0. co unists had infiltrated the go#ern ent. d0. ho ose'uals ,ere trans itting A9)! to heterose'uals. e0. secular hu anists ,ere indoctrinating educators. %sually< the !upre e "ourt has reacted to ,arti e curtail ents of ci#il liberties by a0. upholding the . b0. re&ecting the . c0. upholding the at first< li iting the later. d0. re&ecting the at first< reinstating the later. e0. a#oiding rulings on constitutionality and consigning such issues to the lo,er federal courts.

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100. The earliest i igrant group to arri#e in large nu bers and thus alter the scope of ci#il rights issues consisted of a0. ;e'ican *ispanics. b0. *ispanics fro other 0atin A erican countries. c0. 9rish "atholics. d0. !outheast Asians. e0. 5er an Protestants. 110. The i igrant group usually associated ,ith the dri#e for bilingual education is co posed of a0. !outheast Asians. b0. *ispanics. c0. Africans. d0. Eastern Europeans. e0. 5er ans.

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1$0. The balance bet,een co unity sensiti#ities and personal self3 e'pression is most likely to be challenged ,hen a0. rights conflict 1e.g.< the New York Times and Pentagon Papers2. b0. policy entrepreneurs beco e in#ol#ed 1e.g.< the ;c"arthy era2. c0. cultures conflict 1e.g.< 6e,ish #ersus "hristian sy bols2. d0. inorities are repressed 1e.g.< sedition acts2. e0. a and d. 1(0. A good e'a ple of ho, co unity sensiti#ities and personal self3 e'pression can so eti es conflict is that of a0. sedition acts. b0. the Sheppard case. c0. the blacklisting of suspected co unists. d0. incite ent statutes. e0. nude dancing. 1-0. 9n $000< the %.!. !upre e "ourt upheld the right of ,hat organi>ation to refuse e bership to ho ose'ual en? a0. @ational Football 0eague b0. Fraternal /rder of Police c0. =oy !couts of A erica d0. =oston 8otary "lub e0. Pensacola 6aycees 1.0. +hich of the follo,ing state ents concerning the Bill of Rights and state po,er is incorrect? a0. The Bill of Rights originally applied only to the federal go#ern ent. b0. The !upre e "ourt clearly held that Bill of Rights applied only to the federal go#ern ent in an 18(( case. c0. The Constitution ,as generally silent on ,hat states could not do to their residents. d0. The interpretation and application of the Bill of Rights began to change after the "i#il +ar. e0. @one of the abo#e. 140. The Bill of Rights has co e to apply to the states through the interpretation of a0. the Fourteenth A end ent. b0. the Tenth A end ent. c0. the co erce clause. d0. Article 999. e0. the necessary and proper clause. 170. The earliest incorporations of portions of the Bill of Rights relied upon a0. the notion of a reasonable person. b0. the shock the conscience test. c0. a rational basis standard. d0. the due process and eAual protection clauses. e0. the notions of ordered liberty and funda ental rights.

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180. 9n Palko #. Connecticut 119(72 the "ourt began to apply rights to the states #ia a0. the notion of a reasonable person. b0. the shock the conscience test. c0. a rational basis standard. d0. the due process and eAual protection clause. e0. the notions of ordered liberty and funda ental rights. 190. +hich of the follo,ing has been incorporated 1applied2 to the states? a0. The right to bear ar s. b0. The right to not ha#e soldiers forcibly Auartered in pri#ate ho es. c0. The ban on e'cessi#e bail and fines. d0. The right to a &ury trial. e0. @one of the abo#e. $00. The First A end ent does not address a0. freedo of religion. b0. the right to bear ar s. c0. freedo of the press. d0. freedo of speech. e0. freedo of asse bly. $10. The !edition Act of 1798 ,as considered an i pro#e ent o#er the =ritish e'a ple because it left the deter ination of guilt or innocence up to a0. ilitary courts. b0. ad inistrati#e courts. c0. the &udge. d0. prosecutors. e0. the &ury. $$0. The Espionage and !edition acts that ,ere passed in 1917 and 1918 placed restrictions on publications that a0. ad#ocated the o#erthro, of the go#ern ent by force or #iolence. b0. ade any defa atory state ents about the president or other e ber of go#ern ent. c0. ad#ocated the crossing of state lines or use of interstate co erce to incite a riot. d0. ad#ocated treason< insurrection< or forced resistance. e0. ade any defa atory state ents about ilitary personnel or ,ar strategy. $(0. "harles T. !chenck ,as con#icted in 1919 for a0. speaking in fa#or of isolationis . b0. ad#ocating the o#erthro, of the go#ern ent. c0. planning a #iolent insurrection. d0. ailing draft3resistance circulars to young en. e0. planting a bo b in the "apital.

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$-0. 9n the early 19$0s< the !upre e "ourt upheld the con#iction of "harles T. !chenck under the Espionage Act because a0. he ,as an illegal alien. b0. he had published docu ents that ,ere #ital 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 la,lessness. $.0. The English &urist +illia =lackstone belie#ed that freedo press should be characteri>ed by a0. freedo fro prior restraint. b0. freedo fro libel. c0. freedo fro slander. d0. the clear3and3present danger test. e0. the bad tendency test. of the

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$40. The !upre e "ourt &ustice ,ho co pared unpopular political speech to falsely shouting fire in a theater ,as a0. 0ouis =randeis. b0. Feli' Frankfurter. c0. +illia 8ehnAuist. d0. +arren =urger. e0. /li#er +endell *ol es. $70. +hen ele#en co unists ,ere con#icted under the ! ith Act of 19-0< the !upre e "ourt a0. found the act unconstitutional. b0. appro#ed the act but #acated the sentences. c0. upheld the con#ictions. d0. re anded the case for retrial. e0. handed do,n a rare decision ,hich featured a -3- #ote split a ong the &ustices. $80. +hen "larence =randenburg #acated the street at a Bu Blu' Blan cross3burning rally as ordered but threatened to reoccupy it later< the !upre e "ourt a0. upheld his con#iction. b0. o#erturned his con#iction. c0. upheld his acAuittal. d0. o#erturned his acAuittal. e0. refused to gi#e his case further consideration. $90. +hen %.!. @a>is sought to parade in !kokie< 9llinois< ,here 6e,s li#ed< the courts a0. found the a clear and present danger. b0. upheld their right to parade peacefully. c0. refused to rule one ,ay or another. d0. allo,ed the police full discretion. e0. allo,ed their arrests and con#ictions. any

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(00. 9n 199$< the !upre e "ourt o#erturned a ;innesota statute in#ol#ing the display of odious sy bols. The "ourt ruled that the display is a0. protected by the Constitution. b0. protected by the Constitution but could be punished as a hate cri e. c0. not protected by the Constitution. d0. not protected by the Constitution and could be punished as a hate cri e. e0. not protected by the Constitution and could be punished as incite ent. (10. The right of free e'pression< although not absolute< en&oys a higher status than the other rights granted by the %.!. "onstitution. This is kno,n as the doctrine of a0. prior restraint. b0. e'istential priority. c0. neutrality and clarity. d0. least eans. e0. preferred position. ($0. +ritten defa ation of character is kno,n as a0. slander. b0. obscenity. c0. incite ent. d0. political falsehood. e0. libel. ((0. !lander differs fro libel in that it refers to a0. oral state ents. b0. ,ritten state ents. c0. public officials. d0. pri#ate indi#iduals. e0. ad inistrati#e hierarchies. (-0. 9f you< as a pri#ate indi#idual< are har ed grie#ously by the state ents of so eone ,ho can also pro#e that the state ents ,ere true< you a0. can sue that person for libel. b0. can collect da ages if you de onstrate alice. c0. cannot collect da ages fro that person. d0. can collect for slander< but not libel. e0. can collect for libel< but not for slander. (.0. 9f you< as a public figure are har ed grie#ously by the ,ritten state ents of so eone ,ho cannot pro#e that they ,ere true< you a0. can sue the person for libel. b0. can collect da ages if you de onstrate alice. c0. cannot sue the person. d0. can collect da ages for slander< but not libel. e0. can collect da ages for libel< but not for slander.

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(40. 6ustice Potter !te,art:s oft3Auoted dictu on hard3core as opposed to soft3core pornography ,as a0. C9 kno, it ,hen 9 see it.D b0. C)ifferent strokes for different folks.D c0. C9t ,onEt play in Peoria.D d0. C/ne anEs eat is another anEs poison.D e0. C+hat could go ,rong?D (70. +hich 6ustice argued obscenity is a for be< protected by the First A end ent? a0. *ugo =lack b0. Thurgood ;arshall c0. Potter !te,art d0. +arren =urger e0. Fred Finson of speech that is< or should

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(80. The 197( !upre e "ourt definition of obscenity denies free3speech protection to aterials or acti#ities that a0. depict se'uality in a ,ay that is degrading to its sub&ects. b0. pro ote #iolence against ,o en or children. c0. lack serious literary< artistic< political< or scientific #alue. d0. present a clear and present danger to co unity standards of decency. e0. do not appeal to the prurient interest. (90. A local statute forbidding adult o#ie theaters fro being located near churches< schools< or parks ,as a0. upheld as a li it on free e'pression. b0. upheld as a regulation of land use. c0. o#erturned as contra#ening free speech. d0. o#erturned as o#erly #ague and broad. e0. o#erturned for #iolating the principle of content neutrality. -00. Protection under the !upre e "ourt:s definition of obscenity is gi#en to a0. books and aga>ines only. b0. books< aga>ines< and fil s only. c0. al ost any for of #isual or auditory co unication< including nude dancing. d0. al ost any for of #isual or auditory co unication< ,ith the e'ception of nude dancing and li#e se'. e0. fil s< but not books and aga>ines. -10. An 9ndianapolis ordinance defining pornography as the Cgraphic< se'ually e'plicit subordination of ,o enD ,as held by the !upre e "ourt to be a0. in keeping ,ith the "ourt:s stance on sy bolic speech. b0. in #iolation of the First A end ent. c0. an interference ,ith the adult right of pri#acy. d0. the legislation of constitutional fe inis . e0. constitutional.

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-$0. 9n a $00$ case< the !upre e "ourt struck do,n a portion of a 1994 la, related to child pornography because the case at hand in#ol#ed a0. the internet. b0. i ported aga>ines. c0. #irtual< or co puter si ulated i ages. d0. a child psychology book. e0. ne,spaper articles. -(0. !y bolic speech< as defined by the te't< is a0. speech that relies on a ,ritten essage. b0. speech that cannot be interpreted as insulting. c0. speech that relies on an oral essage. d0. an act that destroys so ething sacred. e0. an act that con#eys a political essage. --0. +hen the *ouse and the !enate recently considered a la, a federal cri e to burn the A erican flag< a0. it failed in both houses by large a&orities. b0. it failed in both houses by a narro, argin. c0. it passed in both houses by a narro, argin. d0. it passed in both houses by large a&orities. e0. it failed to ake it out of co ittee. aking it

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-.0. /ne for of sy bolic speech per itted by the !upre e "ourt is a0. draft3card burning. b0. political assassination. c0. pipe3bo bing of public facilities. d0. spitting at a politician. e0. flag burning. -40. 9f people ha#e a right to speak and publish< do corporations< interest groups< and children ha#e the sa e right? a0. Ges< although there are so e e'ceptions. b0. Ges< ,ithout e'ception. c0. @o< although there are so e e'ceptions. d0. @o< ,ithout e'ception. e0. The issue has yet to be decided by the *igh "ourt. -70. +hen the !upre e "ourt ,as asked to consider constitutional challenges to restrictions on speech in the ;c"ain3Feingold ca paign finance refor la, of $00$ it a0. refused to hear the case. b0. accepted the case but refused to issue a ruling. c0. accepted the case and struck do,n pro#isions in the la,. d0. accepted the case and upheld the restrictions in Auestion. e0. accepted the case and ruled in fa#or of the co plaining organi>ations.

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-80. Each of the follo,ing groups has recently been regarded by the !upre e "ourt as a CpersonD en&oying rights of free e'pression except a0. the First @ational =ank of =oston. b0. the *a>el,ood *igh !chool student ne,spaper. c0. ;assachusetts "iti>ens for 0ife. d0. the Pacific 5as and Electric "o pany. e0. a and d. -90. The !upre e "ourt denied the *a>el,ood *igh !chool student ne,spaper the right to print certain stories< using the argu ent that a0. young people do not ha#e First A end ent protection against libel. b0. the e'ercise of free e'pression by students is in #iolation of state educational codes. c0. schools that allo, free e'pression by students can legally be denied federal funding. d0. incite ent is ne#er protected speech< e#en if it originates in a school ne,spaper. e0. the e'ercise of free e'pression by students cannot i pede the educational ission of the school. .00. The t,o clauses of the First A end ent that deal ,ith religion are concerned ,ith a0. free e'ercise and establish ent. b0. prohibition and free e'ercise. c0. separation and prohibition. d0. prohibition and free e'ercise. e0. separation and free e'ercise.

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