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Justice Holmes's "clear and present danger" test holds that government can


A) restrict speech that threatens national security.
B) restrict any speech of an inflammatory nature.
C) imprison political dissidents during time of war without following normal procedures.
D) engage in prior restraint of the press whenever national security is at issue.
E) restrict speech that is disrespectful to specific classes of citizens.

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Explain the concept of procedural due process and list several of the procedural rights protected by the Constitution.Do these rights apply to all levels of government? Explain.

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Procedural due process refers to procedu...

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According to the Supreme Court,which is true regarding freedom of assembly?


A) Individuals have the right to command immediate access to a public auditorium.
B) Individuals have the right to hold a public rally in the middle of a busy intersection at a time of their choosing.
C) Public officials can regulate the time,place,and conditions of public assembly,provided the regulations are reasonable.
D) Public officials can prohibit assembly by unpopular groups.
E) Freedom of assembly is an absolute right,because it is in the First Amendment.

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Gideon v.Wainwright required the states to


A) temporarily abolish the death penalty.
B) expand the exclusionary rule to both felony and misdemeanor cases.
C) furnish attorneys for poor defendants in felony cases.
D) grant speedy trials to defendants after 90 days of delay.
E) provide more funding for education.

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How has the Supreme Court interpreted the Eighth Amendment's prohibition against cruel and unusual punishment in recent years? Explain.

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The Supreme Court has typically let Cong...

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The conviction of members of the U.S.Communist Party in the early 1950s was initially upheld as a lawful restriction of the right


A) not to incriminate oneself.
B) of free speech.
C) to a jury trial.
D) to confront one's accusers in a court of law.
E) to worship any religion of choice.

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Which constitutional amendment protects the individual against self-incrimination?


A) First
B) Second
C) Fourth
D) Fifth
E) Ninth

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In 2007 the Supreme Court reversed its stance on partial-birth abortion,largely due to the replacement of Sandra Day O'Connor with


A) Samuel Alito.
B) Anthony Kennedy.
C) Ruth Bader Ginsburg.
D) William Rehnquist.
E) Antonin Scalia.

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In the case of McNabb v.United States,Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether


A) governments had observed procedural guarantees.
B) those convicted are actually guilty.
C) those convicted have the opportunity for appeal.
D) those convicted are treated humanely while imprisoned.
E) everyone is treated fairly in every case.

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According to the Supreme Court,prayer in public schools violates


A) the free exercise clause.
B) the establishment clause.
C) the exclusionary rule.
D) procedural due process.
E) the clear and present danger test.

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Libel applies to defamation of an individual's reputation through the


A) written word.
B) spoken word.
C) written and spoken word.
D) written,spoken,and symbolic word.
E) None of these answers is correct.

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Government can lawfully prevent a political rally from taking place


A) under no circumstances;people have an unconditional right to express their views.
B) when the rally would require unduly expensive police protection.
C) when the views of those holding the rally are unpopular.
D) when it can demonstrate that harmful acts will necessarily result from the rally.
E) None of these answers is correct.

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According to the Supreme Court,prior restraint on the press is only acceptable if


A) lower federal courts approve the action.
B) the government can clearly justify the restriction.
C) the press itself willingly accepts that restraint.
D) the press is careless in its claims.
E) the press is malicious in its intent.

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The Supreme Court


A) has ruled that even forms of symbolic speech considered to be dangerous to the public are protected.
B) ruled during the Vietnam war that the burning of draft registration cards was a protected form of symbolic speech.
C) has reduced its protections of symbolic speech dramatically,and recently has ruled against flag burning as a form of protected symbolic speech.
D) has protected symbolic speech much more substantially than it has protected verbal speech.
E) has generally protected symbolic speech,though less substantially than it has protected verbal speech.

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The freedoms of speech,press,assembly,and petition are found in


A) the First Amendment.
B) the Fourth Amendment.
C) the Sixth Amendment.
D) the Tenth Amendment.
E) the Fourteenth Amendment.

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The Supreme Court has reasoned that a right of privacy is provided by


A) the Civil Rights Act of 1964.
B) the Ninth Amendment,which says that people's rights are not limited to those enumerated in the Constitution.
C) the Tenth Amendment,which reserves to the people and the states those powers not granted to the federal government.
D) the implication of said right by the freedoms in the Bill of Rights.
E) the Civil Rights Act of 1991.

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?


A) allowing the prosecution an unlimited number of challenges in capital cases
B) preventing convicted persons in capital cases from filing an appeal
C) preventing the prosecution from challenging jury selections in felony cases
D) the failure to provide low income defendants with court-appointed lawyers
E) encouragement of low income defendants to act as their own attorney

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Which of the following is correct with regard to obscenity and the law?


A) Obscenity is not protected by the First Amendment.
B) Obscenity is never unlawful.
C) Child pornography is protected by the First Amendment.
D) Obscenity has been easy for courts to define with precision.
E) Obscenity is protected under the Ninth Amendment.

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In a 2004 case involving the issue of whether a U.S.citizen accused of terrorist acts is entitled to constitutional protections,the Supreme Court held that such citizens


A) are protected only if they live in the United States.
B) are protected only if they have not been previously convicted of a crime.
C) are protected only if law enforcement officials decide they deserve such protections.
D) must be handled by military courts.
E) do have the right to a judicial hearing.

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The term civil liberties refers to specific individual rights that


A) apply in civil cases but not in criminal cases.
B) apply in civil cases but not in military ones.
C) are constitutionally protected from infringement by government.
D) are constitutionally protected from infringement by individuals.
E) are not covered by the First Amendment.

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