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Members of Congress have frequently proposed a constitutional amendment to make flag burning a crime because


A) state laws that make flag burning a crime are too lenient.
B) state laws that make flag burning a crime are too harsh.
C) the only way to overturn the Supreme Court's ruling that flag burning is protected speech is through a constitutional amendment.
D) the Supreme Court has already ruled that flag burning is a crime.

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In West Virginia State Board of Education v.Barnette (1943) , the Supreme Court ruled that


A) Amish children are not required to attend school past the age of 12.
B) children cannot be required to salute the flag if it violates their religious faith.
C) school officials are permitted greater authority to censor speech and expression than would be permissible off school grounds.
D) prayer in school violates the establishment clause.

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The 1940 case of Cantwell v.Connecticut was significant because it established that


A) Americans are free to adhere to any religious beliefs, but the time, place, and manner of their exercise are subject to regulation in the public interest.
B) a display of the Ten Commandments outside the Connecticut State Capitol did violate the Constitution.
C) a display of the Ten Commandments outside the Connecticut State Capitol did not violate the Constitution.
D) Americans are free to adhere to any religious beliefs, and the government cannot regulate the time, place, and manner of their exercise.

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The Supreme Court case Burwell v.Hobby Lobby Stores addressed the


A) Affordable Care Act's requirement that employers provide their female employees with free contraceptive coverage, stating it violated their religious expression as protected by the Religious Freedom Restoration Act.
B) Affordable Care Act's requirement that individuals show proof of health insurance coverage or face a tax penalty from the federal government.
C) issue of whether a religious group at the University of Virginia could be denied student activities funds merely because it espouses a particular viewpoint about a deity.
D) question of whether a company can refuse to hire a Muslim woman who might wear a head scarf in violation of the company's dress code.

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The Bill of Rights was ratified by the states in


A) 1776.
B) 1787.
C) 1791.
D) 1812.

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The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate speech is called


A) libel.
B) prior restraint.
C) strict scrutiny.
D) speech plus.

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Freedom of speech and of the press have a special place in the American system because


A) free and open debate is an essential mechanism for determining the quality and validity of competing ideas.
B) they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment.
C) they have never been restricted in the history of the United States.
D) they were the only liberties explicitly mentioned in Article I of the Constitution.

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In the 1969 case of Brandenburg v.Ohio, the Supreme Court ruled that


A) the First Amendment provides no protection for "fighting words" because such words "are no essential part of any exposition of ideas."
B) the Alien and Sedition Acts, which made it a crime to say or publish anything that might defame the government, were an unconstitutional violation of the First Amendment.
C) as long as speech falls short of actually inciting action, it cannot be prohibited, even if it is hostile to or subversive of the government and its policies.
D) the First Amendment does not require schools to permit students to advocate illegal drug use.

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Which of the following best reflects the Supreme Court's position on commercial speech?


A) Commercial speech receives no First Amendment protection.
B) Advertisements do not have full First Amendment protection.
C) Advertisements receive as much First Amendment protection as anything else that is published in a newspaper.
D) Commercial speech regulations depend on the commerce clause, not the Bill of Rights.

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Which of the following statements MOST accurately summarizes the Supreme Court's rulings on "suspicionless" drug testing for government employees and high school students participating in interscholastic sports?


A) The Supreme Court has never ruled on the constitutionality of "suspicionless" drug testing for government employees or high school students participating in interscholastic sports.
B) The Supreme Court has upheld "suspicionless" drug-testing program for government employees but struck down similar programs for high school students participating in interscholastic sports.
C) The Supreme Court has upheld "suspicionless" drug-testing program for high school students participating in interscholastic sports but struck down similar programs for government employees.
D) The Supreme Court has upheld drug-testing program for both government employees and high school students participating in interscholastic sports.

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The so-called wall of separation between church and state is best found in which clause of the Constitution?


A) free exercise
B) establishment
C) equal protection
D) wall of separation

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The first test for determining when the government may intervene to suppress political speech was called the ________ test.


A) speech plus
B) clear and present danger
C) strict scrutiny
D) Lemon

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The Lemon test involves what part of the Constitution?


A) free speech
B) the establishment clause
C) due process
D) the free exercise clause

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What was Justice Potter Stewart talking about when he declared "I know it when I see it."


A) free speech
B) slander
C) pornography
D) sedition

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The Eighth Amendment's protection from cruel and unusual punishment was incorporated as a result of


A) the ratification of the Twenty-Seventh Amendment.
B) a 1964 Supreme Court decision about Illinois police officers' denial of a suspect's request to see his lawyer during interrogation.
C) a 1962 Supreme Court decision about California's 90-day sentence for people found guilty of "addiction to the use of narcotics."
D) a 1969 Supreme Court decision about an individual tried twice in the state of Maryland for the same crime of larceny.

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The Supreme Court articulated a right to privacy in a case involving


A) a law criminalizing abortion.
B) access to birth control.
C) the right to die.
D) sodomy laws.

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The Terri Schiavo case was an example of


A) the controversy surrounding the so-called right to die.
B) selective incorporation of the Bill of Rights.
C) the Supreme Court's difficulty in defining "cruel and unusual punishment."
D) the conflict between the establishment clause and the free exercise clause.

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The First Amendment to the Constitution says that "Congress shall make no law" abridging freedom of the press.Explain how much constitutional protection the press actually receives in practice by discussing prior restraint, "shield laws," and laws against libel and slander.In your answer, be sure to define each of these legal concepts and to address relevant Supreme Court decisions.

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Near v.Minnesota (1931) established the principle that


A) the government could block publication of newspapers during a time of crisis such as the Cold War.
B) only under the most extraordinary circumstances could the government prevent the publication of newspapers and magazines.
C) news articles that were not truthful received no First Amendment protection.
D) the news media could not publish obscene material.

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Which of the following civil liberties was included in Article III of the Constitution?


A) guarantee of trial by jury in state where crime was committed
B) protection against "double jeopardy"
C) protection against self-incrimination
D) guarantee of habeas corpus

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