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Ch. 4

STUDY
PLAY
exclusionary
Which rule bars the use of illegally seized evidence at trial?
before the fact
The doctrine of prior restraint prevents the government from prohibiting speech or publication _____.
a government that permits other forms of killing animals may not ban sacrifices
Describe the reasoning used in Church of the Lukumi Babalu Aye, Inc v. City of Hialeah, in which the court overturned a city ordinance prohibiting the ritual killing of animals.
international calls and e-mails
The 2008 amendments to the Foreign Intelligence Surveillance Act allow government officials to use broad warrants for surveillance of _____.
right to privacy
Which right has the Supreme Court found to be one of the penumbra of unstated liberties linked to explicitly stated rights?
8th
Opponents of the death penalty have argued that it violates which amendment to the constitution?
plea bargaining
When a defendant in a criminal case agrees to plead guilty in exchange for concessions from the prosecutor, the case has been resolved by _____.
capital punishment
The supreme court briefly outlawed which law in the 1970s by asserting that it was being imposed in an arbitrary manner?
incorporation
Gitlow v. New York, in which the supreme court held that freedom of speech and of the press are fundamental liberties protected by the 14th amendment from impairment by the states, began the development of the doctrine of _______.
first
Freedom of assembly is guaranteed by which constitutional amendment?
federal; state and local
In Barron v. Baltimore, the supreme court held that the bill of rights limits _____, not _____, action.
5th
Which amendment forbids coercion in the form of entrapment?
obscenity
In recent years, the supreme court has struggles to address ______ on the Internet in a first amendment context.
privacy
Legal questions regarding control stem from the implied right to _____.
creates a clear and present danger
During WW1, the supreme court upheld the conviction of Charles T. Schenck, ruling that government can limit speech that ______.
enemy combatants
What do proponents of the Guantanamo Bay detention facility call its prisoners?
search and seizure
The 4th amendment protects citizens from _____.
prayer
What is generally unconstitutional in schools?
Mapp v. Ohio
Which supreme court case developed the exclusionary case?
the state could not exercise any control over it
According to Roe v. Wade, what could the state do if a woman wanted to obtain an abortion in her first trimester?
establishment
Which clause states that Congress shall make no law respecting an establishment of religion?
religion
The free exercise clause guarantees that the national government will not interfere with _____.
actual malice
New York Times Co. v. Sullivan held that there must be proof of what in order to find libel against a public figure?
the judiciary
Which branch created the right to privacy?
assistance of counsel
What does the 6th amendment guarantee to those accused of a crime?
cousel
Miranda rights include the right to ____.
Roe v. Wade
Which US supreme court case found that a woman's right to have an abortion is protected by the implied constitutional right to privacy?
prior restraint
Prohibiting a newspaper from publishing a story critical of the government is an example of what kind of law?
political speech
In Dennis v. US, when the supreme court upheld prison sentences based on the Smith Act of 1940, the Court was addressing which type of speech?
democratic; constitutional
American government is both _____ and _____.
first
Under Roe v. Wade , a woman could legally seek an abortion freely during her _____ trimester.
clear and present danger
Yelling "Fire!" in a crowded theater is a classic example of speech that creates a ______.
symbolic
Wearing an armband is an example of ____ speech.
obscenity
An early effort to define ______ focused on whether the material had any serious literary, artistic, political, or scientific value.
symbolic
Wearing armbands, burning flags, and marching in parades are examples of ______ speech.
before
Prior restraint is a constitutional doctrine that prevents the government from prohibiting speech or publication _____ the fact.
loosened
In recent years, the supreme court has ____ constraints on aid to parochial schools and voucher programs.
incorporated
The supreme court has made most of the provisions in the bill of rights applicable to the states using the ____ doctrine.
weapons
The supreme court has interpreted the second amendment to protest an individual's rights to own ______.
legitimate
One prong of the Lemon test is that the law has a ______ secular purpose.
true
The 14th amendment suggests that the protections in the bill of rights could be interpreted as applying the the states.
false
In Abington School District v. Schempp, the court rules that state-mandated bible readings were constitutional under the free exercise clause.
true
Americans are more tolerant of the free speech rights of religious extremists that are the people in other democracies with developed economies.
true
After Gideon v. Wainwright, the 6th amendment has been interpreted to guarantee a right to counsel to all criminal defendants regardless on indigence.
false
Most developed countries use some form of the death penalty.
true
Planned Parenthood v. Casey held that a state court could limit abortions as long as the regulation did not pose an undue burden on pregnant women.
false
Commercial speech is constitutionally protected.
true
The free exercise clause guarantees that the government will not interfere with the practice of religion.
false
Slander is a false written statement that defames the character of a person.
false
A prior restraint is an action in response to a constitutionally protected act.