All of the following situations involve civil liberties except



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Civil Liberties #2 KEY


  1. All of the following situations involve civil liberties except

  1. An angry protestor burns an American flag

  2. A burglary suspect is read her rights before questioning

  3. Homosexuals challenge a ban on gay marriage in court

  4. A group sacrifices a goat as part of a religious ceremony

  5. A state provides funds to increase salaries of teachers in religious schools




  1. The Supreme Court has upheld which of the following limits on free speech?

  1. Laws against libel

  2. Laws against speech that presents a clear and present danger

  3. Laws against flag burning

  4. Laws against obscenity




  1. I and II

  2. I, II, and III

  3. II and IV

  4. I, II, and IV

  5. I and IV




  1. What is the ‘selective incorporation’?

  1. The idea that corporations cannot be held liable for violations of civil liberties because they are nongovernmental entities

  2. The interpretation of the due-process clause of the Fourteenth Amendment to apply the fundamental rights in the Bill of Rights to protect people from state action

  3. The interpretation of the due-process clause of the Fourteenth Amendment to apply all of the Bill of Rights to protect people from state action

  4. The concept that rights must be balanced with liberties and that the rights of the majority generally prevail

  5. The idea that each state must include the Bill of Rights in its constitution




  1. The Ku Klux Klan burns a cross at a rally across the street from a predominantly African American Baptist Church. The members of the church are offended by what they view as a hateful display. How would the courts most likely rule?

  1. The First Amendment protects hate speech.

  2. The First Amendment does not protect cross burning because it is intimidating.

  3. The First Amendment protects hate speech, but burning a cross is not speech and is not protected.

  4. The First Amendment protects hate speech, unless a community decides to ban it.

  5. The First Amendment does not protect hate speech.




  1. The First Amendment protects expressions of sexual or erotic interest. However, some restrictions on pornography have been upheld. In what ways can pornography be regulated?

  1. Child pornography can be banned.

  2. Zoning laws can prohibit ‘adult’ businesses in certain places.

  3. The Federal Communications Commission can shut down adult pornographic Web sites.

  4. Cities can ban all pornographic books and videos.




  1. I and II

  2. I, II, and III

  3. I and III

  4. I, II, and IV

  5. II and III




  1. Colorado passed a law requiring that all school children say the Pledge of Allegiance every morning. The law was challenged as a violation of which civil liberties?

  1. Free-exercise clause

  2. Right to petition

  3. Freedom of speech

  4. Freedom of assembly




  1. I and III

  2. I, II, and III

  3. II and III

  4. II, III, and IV

  5. I, III, and IV




  1. Interact Club is a school-sponsored organization that prays around the flagpole of a public school every morning before school. Is this activity constitutional?

  1. No, because the prayer takes place on school grounds, which is a violation of the establishment clause

  2. No, because the prayer is part of a school-sponsored club, which is a violation of the establishment clause

  3. No, because it is a violation of both the establishment clause and the free-exercise clause to pray on the grounds of a public school.

  4. Yes, because the prayer takes place before the school day

  5. Yes, because the prayer is part of a club, not part of a class, and it could take place at any time during the school day




  1. A house is searched without a valid search warrant, and a dead body is found. What would be the most likely outcome?

  1. The discovery of the body could be used in court because it is the best evidence that a murder occurred.

  2. The discovery of the body could not be used as evidence because it was discovered without a warrant, but hair samples on the body could be used in DNA testing.

  3. The case could not be prosecuted because the exclusionary rule would prevent any evidence of the murder from being presented in court.

  4. The case could be prosecuted with independent evidence, but the discovery of the body could not be used under the exclusionary rule.

  5. This case would be decided under state law because many states have passed laws eliminating the exclusionary rule.




  1. What can be searched, without a search warrant, upon a valid arrest?

  1. The person being arrested

  2. Items in the plain view of the arresting officer

  3. Items under the immediate control of the person being arrested

  4. The home of the person being arrested




  1. I and II

  2. II and III

  3. I and III

  4. II, III, and IV

  5. I, II, and III




  1. What is the result of the Supreme Court’s ruling in Miranda v. Arizona?

  1. Police officers must read a suspect his or her rights upon arrest; otherwise, the case against the defendant must be dismissed.

  2. If a police officer fails to read a suspect his or her rights upon arrest, the suspect’s confession cannot be used in court.

  3. This case established the exclusionary rule that any illegally obtained evidence cannot be used in court.

  4. If a defendant is not read his or her rights upon arrest, a confession cannot be used in court unless it is given voluntarily.

  5. The confession of a defendant who has not been read his or her rights upon arrest may be used in court, but the defendant may bring a civil suit against the arresting officer.

ANSWERS


  1. C

  2. D

  3. B

  4. A

  5. A

  6. A

  7. D

  8. D

  9. E

  10. B


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