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Why are there so few convictions of those who sharply criticize politicians and other public figures for libel?


A) The public figure must prove that the defendant deliberately spread false and malicious information.
B) Newspaper outlets retain high-profile attorneys who are so skilled that the public figures never really have a chance.
C) Determining what transpired in the spoken word is incredibly difficult without audio recordings.
D) Verifying who a voice belongs to in an audio recording is difficult.

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The Supreme Court established that government aid to religious schools would be accepted as constitutional if it had a secular purpose; its effect was neither to advance nor inhibit religion, and it did not entangle government and religious institutions in each other's affairs. This became known as the __________ test.


A) O'Brien
B) Lemon
C) Miranda
D) Apple

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A state legislator opposed to the development plans of a private contractor in his district decides to write an editorial in the local newspaper claiming that the private contractor is a racist and guilty of sexually harassing his employees. There is no evidence in support of these claims, but the contractor begins to lose business due to the controversial nature of the allegations. Which type of speech does this editorial most closely resemble?


A) political speech
B) commercial speech
C) slander
D) libel

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Alexander Hamilton and other Federalists argued that adding the Bill of Rights to the Constitution was not necessary.

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Which type of speech has never been determined by the Supreme Court to be protected speech under the First Amendment?


A) fighting words
B) obscenity and pornography
C) hate speech
D) commercial speech

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Why did Alexander Hamilton and other Federalists argue that a Bill of Rights was not necessary?


A) A list of vague rights would ultimately be too difficult for courts to interpret.
B) The national government could not abuse powers not given to it in the first place.
C) There was no need to include protections from government because the people controlled their leaders.
D) The Founders thought the proposed bill of rights imposed too many limits on the federal government.

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Which is a general term for rules that restrict the range of outcomes from collective action?


A) the exclusionary rule
B) prior restraint
C) civil rights
D) civil liberties

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The case of Miranda v. Arizona established the right of criminal suspects to


A) counsel in a civil trial.
B) an unbiased judge.
C) privacy in their personal associations.
D) be informed of their constitutional rights.

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Which amendment in the Bill of Rights explicitly addresses itself exclusively to the national government?


A) the First Amendment
B) the Second Amendment
C) the Fifth Amendment
D) the Seventh Amendment

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The fact that John Barron was treated separately as a citizen of the state of Maryland (and was thus entitled to certain protections from the Maryland state government) and as a citizen of the United States (which entitled him to a different set of protections valid only against infringements on his liberty by the U.S. government) exemplifies the principle of


A) dual nationality.
B) dual citizenship.
C) double jeopardy.
D) dual federalism.

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The 2008 Supreme Court decision in District of Columbia v. Heller was significant because it


A) reinforced the notion that the right to bear arms is only for militias, not for individuals.
B) allowed a city to prohibit the sale or barter of ammunition.
C) established an individual right to bear arms that the federal government could not interfere with.
D) allowed courts to strike down handgun laws but not laws regulating other types of firearms.

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In the cases of Barron v. Baltimore (1833) , the Slaughter House Cases (1873) , and Palko v. Connecticut (1937) , the Supreme Court basically


A) supported nationalization of the Bill of Rights.
B) rejected application of the Fifth Amendment to the states.
C) ended discrimination against minorities by private citizens.
D) confirmed application of the Fourteenth Amendment to the states.

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The Supreme Court decision that stated state legislatures did not have the authority to make homosexuality or any private sexual behavior a crime was


A) Bowers v. Hardwick.
B) Texas v. Johnson.
C) Lawrence v. Texas.
D) Palko v. Connecticut.

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Incorporation is a term that refers to the process by which states adopted provisions from the U.S. Constitution's Bill of Rights into their own state constitutions.

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Soon after its adoption, the Supreme Court interpreted the Fourteenth Amendment as applying the protections in the Bill of Rights to both the federal and state governments.

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The Supreme Court upheld a state law that allowed doctors to use drugs to facilitate the deaths of terminally ill patients who requested such assistance in


A) Bowers v. Hardwick.
B) Texas v. Johnson.
C) Lawrence v. Texas.
D) Gonzales v. Oregon.

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The criterion formerly used to determine whether speech endangers national security is known as the __________ test.


A) "I know it when I see it"
B) clear and present danger
C) Lemon
D) O'Brien

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Strict scrutiny refers to


A) the most stringent standard of judicial review of a government's actions.
B) the careful application of the Bill of Rights to the states.
C) the criteria used to determine whether commercial speech is protected.
D) careful attention to legal procedures.

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When the first Congress under the new Constitution met in 1789, the most important item of business was the consideration of a proposal to


A) create a department of war.
B) appoint officials to staff the fledgling bureaucracy.
C) add a Bill of Rights to the Constitution.
D) develop procedures for the admission of new states.

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The precedent established by Barron v. Baltimore was very long-lived, even after passage of the Fourteenth Amendment.

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