Lineberry Worksheet
Chapter 4 – Civil Liberties
1)Civil liberties consist of
a) First Amendment rights
b) the freedoms of government in enforcing the laws
c) society’s protections against the government
d) the principles of criminal justice
2)The amendment up-held when a community decided to permit a Nazi protest march despite possible violence was the
a) First.b) Second c) Fifthd) Seventh
3)Without a warrant, a law enforcement officer searched a lab suspected of being a site for the manufacturing of illegal drugs
a)Firstb) Fourth c) Fifthd) Eighth
4)The publication of knowingly false of malicious statement that damage someone’s reputation is called
a)Slander b) libel c) prior d) obscenity
5)The significance of Gitlow v. New York was that
a)the national government was prevented from violating the Bill of Rights.
b)The Bill of Rights was interpreted as restraining only the national government and not cities or states.
c)War protesters could be punished by states for threatening the security of the United States
d)A provision of the Bill of Rights was applied to the states for the first time.
6)In dealing with First Amendment cases involving religion, the Supreme Court has ruled that
a)government must not interfere with any expression of religious faith.
b)Such questions should be resolved at the state and local levels of government.
c)While all religious beliefs are Constitutionally protected, all religious practices are not
d)The Constitution does not protect ant-religious beliefs and practices.
7)Which of the following has been ruled unconstitutional as a violation of the First Amendment?
a)Christmas nativity scenes on government property
b)State laws requiring the teaching of ‘creation science’
c)The efforts of the New Religious Right to influence politics.
d)The right of states to make schooling compulsory
8)The Supreme Court has ruled that the Bill of Rights helps protect freedom of the press by forbidding
a) due process b) subpoenas
c) prior restraint d) bills of attainder
9)Obscenity is
a)Prohibited in the First Amendment
b)Not protected under the Constitution
c)clearly defined as it pertains to both freedom of the press and freedom of speech
d)a matter of federal standards rather than state or local standards.
10)The problem with Miller v. California (1973) was that
a)a workable definition of legal obscenity was not achieved
b)the question of obscenity was left up to local and state authorities
c)differing community standards resulted in inconsistent and ambiguous rulings in subsequent cases
d)all of the above
11) Dramatic works, symbolic protest, anti-government demonstrations on public property, and petition drives are all
a) restricted under obscenity and libel laws
b) protected under freedom of speech
c) subject to government censorship
d) exempt from First Amendment protection
12) Today, ______apply to the states.
a) most of the Bill of Rights
b) all of the Bill of Rights
c)none of the Bill of Rights
d)all of the Bill of Rights, except the 1st amendment.
13)Viewing the stages of the criminal justice system as a series of funnels of decreasing size tells us that
a)many more crimes occur than are reported.
b)many more crimes occur than arrests
c)many more cases end in a plea bargain than decided by juries
d)All of the above
14)Which Constitutional Amendment prohibits unreasonable search and seizure?
a) First b) Fourth c) Sixth D) Eighth
15)Fifth amendment protection against self-incrimination means that
a)you can be granted immunity from prosecution in exchange for your testimony
b)as a defendant you have a right to counsel
c)you cannot be forced to be a witness against yourself
d)you have a right to confront witnesses against you
16)The Supreme Court ruled that mandatory capital punishment is
a)allowed for the mentally retarded
b)unconstitutional
c)must be restricted to certain serious crimes
d)a right implied in the Eighth Amendment
17)The decision in Gregg v Georgia (1976) meant that
a)in some circumstances the death penalty is not a cruel nor unusual punishment
b)society has a right to impose extreme sanctions for extreme crimes
c)both a and b
d)states should avoid "freakish" and "random" impositions of the death penalty
18)In Roe v Wade (1973), the Court ruled that
a)citizens also have a right to die
b)states may not ban abortions in the first trimester of pregnancy
c)states may not suspend the use of life support systems even in cases of brain death
d)the practice of abortion is unconstitutional
19)The Supreme Court has upheld the federal government's powers of censorship
a)by sharply limiting the president's use of wiretaps
b)by allowing government to keep extensive secret files on individuals and groups
c)on the grounds of national security
d)in the Pentagon Papers case
20)The US Supreme Court's interpretation that some of the Bill of Rights should be applied to the states is known as
a)prior restraint
b)total incorporation
c)the incorporation doctrine
d)the 14th amendment procedural due process doctrine
TRUE AND FALSE - There are three wrong responses in this section.
21)One of the most important questions about the Bill of Rights is the question of its applicability to the states.
22)During the 1960s, the Supreme Court broadened its interpretation of the Bill of Rights to limit state action in most areas in which federal action is banned.
23)The case of Engel v Vitale is one of many examples of the observation that the absolute principles of the First Amendment may be hard to maintain in practice.
24) The Supreme court has consistently upheld both our religious freedom and the right to practice any religious belief.
25)Near v Minnesota was typical of cases testing the First Amendment freedom of the press in that it upheld a newspaper's nearly inviolable right to publish over government objections.
26)TheFirst Amendment prohibits prior restraint of news media.
27)The First Amendment rights of freedom of the press and the right of citizens to a fair trial can conflict.
28)Schenck v US established that government cannot limit freedom of speech, even when there is a "clear and present danger" to people.
29)Most of the words contained in the Bill of Rights are about the rights of persons accused of crime.
30)The Supreme Court has ruled that spontaneous demonstrations at anytime, anywhere, and in anyway are not protected by the First Amendment's freedom of assembly.
31)Probable cause means that law enforcement officers must have good reasons, including physical evidence, for arresting a suspect.
32)A "Miranda Card" is a list of Fifth and Sixth Amendment rights--forbidding forced self-incrimination and establishing the right to counsel--that must be read to criminal suspects at the time of police questioning or arrest.
33)Thanks to the efforts of Clarence Gideon and others, every court is required to appoint a lawyer to represent you in a criminal case if you do not have the money to hire one.
34)Critics of the criminal justice system blame plea bargaining for increasing the crime rate by coddling criminals.
35)The US Supreme Court has upheld state laws forbidding the use of state funds to pay for abortions.
36)Because the Constitution was written well in advance of many modern technological developments, such things as electronic surveillance are not covered under guarantees of privacy.
37)The greatest opportunity for the abridgment of civil liberties by government lies in the realm of national security, as in the case of Korematsu v US.
FILL IN THE BLANK
38)Legal and constitutional protections against government are called ______.
39)The ______consists of the first ten amendments to the Constitution.
40)The ______contains key principles of free speech and press, religious tolerance, and freedom of assembly and petition.
41)______is the publication of knowingly false or malicious statements that damage someone's reputation.
42)______is the clause in the 14th Amendment that states cannot abridge a First Amendment right that the national government cannot abridge.
43)______is the clause in the 1st Amendment that requires the separation of church and state.
44)______is when the government prevents material from being published.
45)The government can restrain free speech when it presents a ______to people
46)Abortion is a "liberty interest" that is protected as a right to ______, which permits states to place restrictions on abortion as long as they do not constitute an undue burden.
47)The ______is a rule that forbids the admission of illegally seized evidence at a trial.
48)Protection against self-incrimination and double jeopardy is guaranteed in the ______.
49)The Miranda and Gideon rulings expanded the constitutional right to ______.
50)______is the process of settling criminal cases through negotiations between the defendant's attorney and the prosecutor.
51)As a teacher, Mr. Matthews is an agent of the state who continuously violates students protection from
______based on the 8th Amendment.
1)C 2)A 3)B 4)B 5)D 6)C 7)B8)C 9)B 10)D
11)B12)A13)D14)B15)C16)B17)C18)B19)C20)C
False questions - 24, 28, 36
38) civil liberties39) Bill of Rights
40) 1st Amend.41) libel
42) Due Process43) Establishment clause
44) Prior Restraint45) Clear & Present Danger
46) Privacy47) exclusionary rule
48) 5th Amendment49) counsel
50) plea bargain 51) Cruel/unusual
COMPARE AND CONTRAST THE FOLLOWING:
1)Due Process clause and Selective Incorporation
2)Barron v. Baltimore and Gitlow v. New York
3)Lemon v. Kurtzman, and Zelman v Simmons-Harris
4)Engel v. Vitale and School District of Abington Township, Pennsylvania v. Schempp
5)Employment Division v Smith and Religious Freedom Restoration Act of 1993
6)Prior restraint and Near v. Minnesota
7)Roth v. United Statesand Miller v. California
8)Libel and New York Times v. Sullivan
9)Texas v. Johnson and symbolic speech
10)Weeks v US (1914 federal case about exclusionary rule) and Mapp v Ohio
11)Fifth Amendment and Miranda v. Arizona
12)Sixth Amendment and Gideon v. Wainwright
13)Furman v. Georgia and Gregg v. Georgia
14)Right of privacy, Roe v. Wade and Planned Parenthood v. Casey