Chapter 5 Pre-Test

Name: __________________________ Date: _____________

A)
B)
C)

1.The USA Patriot Act requires ___________ for a government tap on telephones or the internet.
suspicion
D) a court order
reasonable suspicion
E) the signature of a prosecutor
considerable suspicion of illegal activity

2.When we caught Nazi spies who were sent to America, we classified them as __________ and tried them accordingly.
A) citizens B) soldiers C) unlawful combatants D) diplomats E) spokesmen.
A)
B)
C)

3.When Guantanamo detainees challenged the constitutionality of their detention in the federal courts, the Supreme Court
refused to consider their case.
D) ruled in their favor and requested their release.
ruled they could not make such legal challenges.
E) ruled in their favor and ordered their release.
ruled they could make such legal challenges.

4.The Framers readily understood the need to list specifically those things that the government could not do concerning
freedom of speech or freedom of the press.
A) True B) False
5.The U.S. Constitution and the Bill of Rights contain a list of competing rights.
A) True B) False
6.Policy entrepreneurs who would restrict the freedom of some minorities have usually been motivated by poor economic
conditions.
A) True B) False
7.Under the Espionage and Sedition Acts of 1917 and 1918, thousands of individuals were prosecuted, imprisoned, or deported.
A) True B) False
8.The earliest schools in the United States were religious ones that received no state support.
A) True B) False
9.The Supreme Court ruled against the Boy Scouts of America when the organization would not allow homosexuals to become
scout leaders.
A) True B) False
10.The freedom of press has not been incorporated to the states.
A) True B) False
11.When the Court creates a new right, it tends to apply it to both state and national governments.
A) True B) False
12.Blackstone argued prior restraints were a necessary means for regulating the press.
A) True B) False
13.Jefferson gave violators of the Sedition Act presidential pardons because he did not believe the press should be regulated.
A) True B) False
14.The clear-and-present-danger test was meant to balance the demands of religious expression and religious establishment.
A) True B) False
15.In the Brandenburg case, the Supreme Court ruled that any speech that does not call for illegal action is protected.
A) True B) False
16.To be punished for a hate crime your bigotry must result in some direct and physical harm.
A) True B) False
17.Constitutionally, all forms of speecheven obscenity and incitementare protected by law.
A) True B) False
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Chapter 5 Pre-Test
18.Libel involves written statements.
A) True B) False
19.The Supreme Court has imposed uniform national standards to determine obscenity.
A) True B) False
20.For materials to be ruled obscene, they must offend the majority of Americans.
A) True B) False
21.Some Justices, such as Justice Hugo Black, have taken the position that the First Amendment protects all publications.
A) True B) False
22.Obscenity is opposed by both feminists and conservatives.
A) True B) False
23.To date, the federal courts have ruled that sexually explicit material appearing on the Internet cannot be banned by Congress.
A) True B) False
24.The Supreme Court has allowed the burning of draft cards as a form of protected symbolic speech.
A) True B) False
25.The Supreme Court has allowed the burning of the U.S. flag as a form of protected symbolic speech.
A) True B) False
26.Because corporations have some First Amendment rights, the government cannot place limits on commercial speech.
A) True B) False
27.Advertisements for lawyers or accountants soliciting clients are protected by the First Amendment.
A) True B) False
28.The free-exercise clause of the First Amendment requires the separation of church and state.
A) True B) False
29.Draft laws exempt a conscientious objector from service on religious, moral, or ethical grounds.
A) True B) False
30.The Supreme Court has ruled that Amish people can be required by law to send their children to high school.
A) True B) False
31.Government aid to parochial schools is prohibited under the establishment clause of the First Amendment.
A) True B) False
32.The phrase "wall of separation" comes from the First Amendment.
A) True B) False
33.Public schools can have chaplains, but the armed services cannot.
A) True B) False
34.Government may be involved in a religious activity if that activity neither advances nor inhibits religion.
A) True B) False
35.The exclusionary rule is not used by most Western nations to prevent police misconduct.
A) True B) False
36.The exclusionary rule was not applied to the states until the 1960's.
A) True B) False
37.The court's position regarding what a law officer may search while arresting an individual in an automobile has been
generally inconsistent.
A) True B) False
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Chapter 5 Pre-Test
38.Ernesto Miranda's confession was excluded from evidence in his first trial because he had not been informed of his right to
remain silent.
A) True B) False
39.Your Miranda rights include your right to make one telephone call after being arrested.
A) True B) False

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