CHAPTER 19 Civil Liberties: First Amendment Freedoms
1. The Prohibition of sex-based discrimination is an example of a civil liberty. • True or False? False
True or False 2. The Due Process Clause allows States to deny citizens certain basic rights. False
True or False 3. The Framers used what was called the process of incorporation to add the Bill of Rights to the Constitution. False
True or False 4. Many States would only ratify the Constitution if a Bill of Rights was added to it. True
5. What is the Supreme Court’s position on the Bill of Rights? • It has recommended that each State constitution be amended to include the Bill of Rights. • It has held that the Bill of Rights was intended by the Framers to limit the power of State governments as well as those of the Federal Government. • It has held that the 14th Amendment extended most of the provisions of the Bill of Rights to the States. • It has held that the 9th Amendment extended all of the provisions of the Bill of Rights to the States.
6. The 9th Amendment protects • The right to a jury trial • Freedom of speech and the press. • Freedom of religion. • Individual rights not enumerated in the Constitution.
True or False 7. The Establishment Clause prohibits Congress from mandating a state religion. True
8. Most of the Court’s Establishment Clause decisions have involved • Church groups engaged in political activity. • Public and parochial schools. • The official use of prayer by governmental bodies. • Tax exemptions for religious organizations.
9. What position has the Court taken on “moment of silence” laws mentioning voluntary prayer? • It has struck them down. • It has allowed them if they are voluntary. • It has upheld them as matters of tradition. • It has not yet ruled on them.
10. The purpose of the Lemon test is to • determine the constitutionality of State aid to parochial schools. • supply money for private and parochial schools to administer tests. • eliminate all State aid to parochial schools • decide which parochial schools are eligible for State aid.
11. All of the following rulings belong with the others EXCEPT • Polygamy may be punished even if it is part of religious practices. • Poisonous snakes may not be used in religious services. • School cannot begin with prayer. • Persons who have religious objections to military service may be drafted.
True or False 12. An article in a magazine falsely accusing a public official of a crime is slander. False
True or False 13. A shield law protects reporters from being forced to reveal their sources. True
True or False 14. Wearing arm bands and burning flags are examples of prior restraint. False
True or False 15. Any comments criticizing the government are considered seditious speech. False
True or False 16. Picketing involves striking workers patrolling a business site in order to inform the public of a labor controversy. True
17. Which of the following types of commercial speech may States prohibit? • False advertisement • Advertisement of services that are illegal • Advertisement of products that are harmful to the public • All of the above
18. The branch of the media that has been subjected to the most extensive federal regulation is • newspapers and magazines. • motion pictures. • radio and television. • Commercial speech in any form.
19. Which of the following is an ACCURATE statement about the Court’s attitude toward prior restraint? • It is always unconstitutional. • It is unconstitutional except in cases where publication threatens national security or public order. • It is usually preferable to punishment after the fact. • It is allowed only in cases where the material to be published is damaging or offensive to minority groups.
20. The Free Exercise Clause gives people the right to • assemble and express their views on public matters. • hold meetings and parades on public streets without permits. • believe whatever they choose to believe in matters of religion. • exercise anywhere they choose.
21. Which of the following statements about prior restraint is TRUE? • Prior restraints are usually upheld by the Supreme Court. • The Constitution guarantees the right to prior restraint. • The Supreme Court has only rarely upheld prior restraints. • Prior restraints are necessary to prevent censorship.
22. Seditious speech is speech that urges others to • disagree with the government in public. • vote against the government. • overthrow the government. • support the party out of power.
23. Government has the right to make reasonable rules regulating assemblies • to uphold its limits on free speech. • to protect against the inciting of violence or the endangerment of life. • in situations that may involve protest against government policies. • if rules are applied individually regarding content.
24. The Due Process Clause guarantees that • the National Government will not interfere with constitutional rights. • States are not bound by their State constitutions in matters of individual rights. • States will not deny people any basic or essential liberties. • State governments will police the National Government.
25. The Supreme Court has ruled that demonstrations on private property • are protected by the 1st Amendment. • are not protected by the 1st Amendment if demonstrators are trespassing. • have the same protections as those on public property. • are legal if speeches are given.
26. The 10 amendments known as the Bill of Rights were originally intended as restrictions against • the already existing States. • any new States that would enter the Union. • the new National Government. • both the National Government and State governments.
27. Under the Establishment Clause, the government still has the power to do all of the following EXCEPT • use tax money to pay for busing students to parochial schools. • provide public funds for some uses in church-related schools. • establish an acceptable voluntary prayer for use in public schools. • exercise control over public, seasonal displays.
28. In deciding cases involving laws against sedition, the Supreme Court has • developed the “clear and present danger” rule. • established the excessive entanglement standard. • upheld the Alien and Sedition acts of 1798. • upheld the constitutionality of all such laws.
29. A person may do as he or she chooses in this country • because the Constitution guarantees that right. • because the Supreme Court has ruled that to be a right. • as long as that person does not infringe on the rights of others. • as long as that person does not criticize others.
30. All of the following are public places in which people have a constitutional right to hand out political literature EXCEPT • streets • shopping centers • public parks • sidewalks
31. An argument for government control of assemblies involves the • government’s right to censor the content of public meetings. • duty of government to protect the public. • right of government to prevent demonstrations. • unnecessary picketing of businesses by strikers.
Positive acts of government that seek to make constitutional guarantees a reality for all Civil rights
The right to gather with others to promote political, economic and social causes Right of association
Expression by conduct such as carrying a sign or wearing an armband Symbolic speech
Protection of the right to hold one’s own religious beliefs Free Exercise Clause
The first ten amendments to the Constitution Bill of Rights
Protection for reporters from having to disclose their sources Shield Laws