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Quick chapter 5
Terms in this set (49)
The use of dogs to sniff high school lockers for drugs has been determined by the Supreme Court to be
constitutional if incident to a reasonable search.
A person treating the U.S. flag contemptuously is
by the right to exercise free speech.
The case of Dr. Samuel H. Sheppard and Walter Winchell illustrates
how civil liberties issues arise when
the rights of different groups are in conflict.
Conflicts in civil libe
rties often arise because
Bill of Rights
lists several competing rights.
Civil liberties conflicts between the Fraternal Order of Police and the
il Liberties Union (ACLU) are
likely to be
interest group politics.
age and Sedition Acts were largely stimulated by fears of
Germans and radicals.
of how entrepreneurial politics can enter the realm of
civil liberties is that of
called Red Scare during World War I.
Senator Joseph McCarthy became a powerful policy entrepreneur by
communists had infiltrated the government.
The earliest immigrant group to arrive in large numbers and thus
alter the scope of civil rights issues consisted of
The immigrant group usually associated with the drive for bilingual
education is composed of
The balance between community sensitivities and personal self
likely to be challenged when
cultures conflict (e.g., Jewish versus Christian symbols).
A good example of how community sensitivities and personal self
expression can sometimes conflict is that of
In 2000, the U.S. Supreme Court upheld the right of what
organization to refuse membership to homosexual men?
Boy Scouts of America
Which of the following statements concerning the
Bill of Rights
state power is
None of the above
Bill of Rights
has come to apply to the states through the
the Fourteenth Amendment.
The earliest incorporations of portions of the
Bill of Rights
the due process and equal protection clauses.
Court began to apply rights to the
the notions of ordered liberty and fundamental rights.
Which of the following has been incorporated (applied) to the states?
None of the above.
The First Amendment does
the right to bear arms.
The Sedition Act of 1798 was considered an improvement over the
British example because it left the determination of guilt or
innocence up to
The Espionage and Sedition acts that were passed in 1917 and 1918
placed restrictions on publications that
advocated treason, insurrection, or forced resistance.
Charles T. Schenck was convicted in 1919 for
s to young men.
n the early 1920s, the Supreme Court upheld the conviction of
Charles T. Schenck under
the Espionage Act because
his actions presented a clear and present danger.
The English jurist William Blackstone believed that freedom of the
press should be characterized by
freedom from prior restr
The Supreme Court justice who compared unpopular political speech
to falsely shouting fire in a theater was
Oliver Wendell Holmes.
When eleven communists were convicted under the Smith Act of
1940, the Supreme Court
upheld the convictions.
Brandenburg vacated the street at a Ku Klux Klan
burning rally as ordered but threatened to reoccupy it later, the
overturned his conviction.
When U.S. Nazis sought to parade in Skokie, Illinois, where many
Jews lived, the courts
upheld their right to parade peacefully.
In 1992, the Supreme Court overturned a Minnesota statute involving
display of odious symbols. The Court ruled that the display is
protected by the
The right of free expression, although not absolute, enjoys a higher
status than the other rights
granted by the U.S. Constitution. This is
known as the doctrine of
Written defamation of cha
racter is known as
Slander differs from libel in that it refers to
If you, as a private individual, are harmed grievously by the
statements of someone who can also prove that the statements were
cannot collect damages from that
If you, as a public figure are harmed grievously by the written
statements of someone who cannot prove that they were true, you
can collect damages if you demonstrate malice.
Justice Potter Stewart's oft
quoted dictum on hard
core as opposed
core pornography was
"I know it when I see it."
Which Justice argued obscenity is a form
of speech that is, or should
be, protected by the First Amendment?
The 1973 Supreme Court definition of obscenity den
protection to materials or activities that
lack serious literary, artistic, political, or scientific value.
A local statute forbidding adult movie theaters from being located
near churches, schools, or parks w
upheld as a regulation of land use.
Protection under the Supreme Court's definition of obscenity is
almost any form of visual or auditory communication,
including nude dancing.
An Indianapolis ordinance defining pornography as the "graphic,
xually explicit subordination of women" was held by the Supreme
Court to be
in violation of the Fir
In a 2002 case, the Supreme Court struck down a portion of a 1996
law related to child pornography because the case at hand involved
virtual, or computer simulated images.
Symbolic speech, as defined by the text, is
an act that conveys a political message.
When the House and the Senate recently c
onsidered a law making it
a federal crime to burn the American flag,
it passed in both houses by large majorities.
One form of symbolic speech permitted by the Supreme Court is
If people have a right to speak and publish, do corporations, interest
groups, and children have the same right?
Yes, although there are some exceptions.
When the Supreme Court was asked to consider con
challenges to restrictions on speech in the McCain
campaign finance reform law of 2002 it
accepted the case and upheld the restrictions in question.
Each of the following groups has recently been regarded by the
preme Court as a "person" enjoying rights of free expression
the Hazelwood High School student newspaper.
The Supreme Court denied the Hazelwood High School student
newspaper the right to print certain stories, using the argument that
the exercise of
free expression by students cannot impede the
educational mission of the school.
The two clauses of the First Amendment that deal with religion are
free exercise and establishment.
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