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The Espionage and Sedition Acts (1917-1918) made it a crime to


A) make False statements that would interfere with the American military.
B) send through the mail material "advocating treason."
C) write any disloyal, profane, scurrilous, or abusive language against the United States.
D) curtail war production.
E) All of the above are True.

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When U.S. Nazis sought to parade in Skokie, Illinois, where many Jews lived, the courts


A) found them a clear and present danger.
B) upheld their right to parade peacefully.
C) refused to rule one way or another.
D) allowed the police full discretion.
E) allowed their arrests and convictions.

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B

Which term best describes the manner in which the Supreme Court has applied the Bill of Rights to the states?


A) Incorporation
B) Selective incorporation
C) Complete incorporation
D) Consecutive incorporation
E) Minimal incorporation

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When Clarence Brandenburg vacated the street at a Ku Klux Klan cross-burning rally as ordered but threatened to reoccupy it later, the Supreme Court overturned his conviction by arguing that government can only restrict speech when it


A) presents a clear and present danger.
B) incites an "imminent" lawless action.
C) is against the ruling political party.
D) is against the president.
E) is against law enforcement officers.

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Slander differs from libel in that it refers to


A) oral statements.
B) written statements.
C) public officials.
D) private individuals.
E) administrative hierarchies.

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A

In the Brandenburg case, the Supreme Court ruled that any speech that does not "incite an immediate lawless action" is protected.

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True

Which of the following statements concerning military courts is incorrect?


A) They involve the use of military commissions of officers.
B) They can operate in secret.
C) Two-thirds of a commission must agree in order for a suspect to be convicted.
D) A suspect can appeal to the attorney general.
E) A suspect can appeal to the president.

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In this Supreme Court decision, the Court held that the federal guarantees of free speech and free press also applied to the states.


A) Marbury
B) Barron
C) Gitlow
D) McDonald
E) Heller

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Civil liberties are


A) the protections the Constitution provides against the abuse of government.
B) the protecting of certain groups, such as women, gays, and African Americans.
C) free speech, free press, religious freedoms, and the rights of the accused.
D) Both A and B are True.
E) Both A and C are True.

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Originally, the Bill of Rights applied only to the federal government.

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The Bush administration held that those who were captured in Afghanistan and detained in military bases at Guantánamo are


A) citizens.
B) soldiers.
C) unlawful combatants.
D) diplomats.
E) spokesmen.

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If you, as a public figure, are grievously harmed by the written statements of someone who cannot prove that they are True, you


A) can sue the person for libel.
B) can collect damages if you demonstrate malice.
C) cannot sue the person.
D) can collect damages for slander, but not for libel.
E) can collect damages for libel, but not for slander.

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The Fourth Amendment grants individuals freedom from unreasonable searches and seizures.

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Why has the Supreme Court upheld the government's banning the burning of draft cards but declared unconstitutional a law banning the burning of the American flag?


A) The burning of draft cards is not political speech.
B) The Constitution has an amendment that allows for the burning of the American flag.
C) The Constitution has an amendment that specifically protects draft cards.
D) The government has a right to run a military draft and so can protect draft cards, even if this restricts speech.
E) The American flag is a national symbol.

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Discuss a few of the scenarios covered in the textbook where a lawful search can be conducted without a warrant.

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-Search incident to arrest
-Pl...

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Federal courts have ruled that Indian tribes using the drug peyote in religious ceremonies are exempt from any state laws that ban such use.

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A local statute forbidding adult movie theaters from being located near churches, schools, or parks would probably be


A) upheld as a limit on free expression.
B) upheld as a regulation of land use.
C) overturned as contravening free speech.
D) overturned as overly vague and broad.
E) overturned for violating the principle of content neutrality.

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The landmark case on involuntary confession was that of


A) Mapp v. Ohio.
B) Miranda v. Arizona.
C) Gideon v. Wainwright.
D) Brown v. Board of Education.
E) Gitlow v. New York.

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The "clear and present danger" test emerged in the Supreme Court's decision in the case of


A) Chaplinsky v. New Hampshire.
B) Miller v. California.
C) Texas v. Johnson.
D) Reno v. ACLU.
E) Schenck v. United States.

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The right to be indicted by a grand jury for serious crimes has been incorporated to the states.

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