Test Bank for Constitutional Law and the Criminal Justice System 6th Edition J Scott Harr Do

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 CHAPTER 6 TEST BANK

Multiple Choice

6.1 The First Amendment specifically prohibits Congress from making any laws that restrict
freedom of religion, speech, press, assembly, and:
a. privacy.
b. to petition the government.
c. the presumption of innocence.
d. travel.
ANS: B
REF: 128
LO: 1

6.2 Protected forms of speech include all of the following, except:

a. burning the American flag.
b. protesting abortion clinics.
c. advocating the violent overthrow of the government.
d. swearing at a law enforcement officer.
ANS: C
REF: 142
LO: 1, 2, 5

6.3 Which of the following is a permissible restriction on speech?

a. Defamation.
b. Political rhetoric
c. Criticism of the government
d. Depictions of animal cruelty
ANS: A
REF: 138-139
LO: 6

6.4 As ___________, law enforcement officers’ speech is protected by the First Amendment
only if it is a matter of public concern or unrelated to employment.
a. officers of the court
b. members of the Executive branch
c. public employees
d. private citizens
ANS: C
REF: 148
LO: 9

100
6.5 The Supreme Court upheld prison regulations that are “reasonably related to legitimate
penological interests” using the:
a. clear and present danger test
b. rational basis test
c. strict scrutiny test
d. clear and probable danger test
ANS: B
REF: 161
LO: 11

6.6 Hamilton v. Regents of the University of California (1934), involving compulsory

military training, was one of the earliest cases regarding:
a. freedom of the press.
b. freedom of religion.
c. freedom of speech.
d. freedom to assemble.
ANS: B
REF: 131
LO: 3

6.7 In Everson v. Board of Education (1947), the Supreme Court cited Thomas Jefferson,
stating that the ____________ was intended to erect a “wall of separation between
Church and State.”
a. establishment of religion clause
b. free exercise clause
c. separation of parochial and secular schools
d. ”excessive entanglement” test
ANS: A
REF: 132
LO: 1, 2, 4

6.8 Freedom of the press protects:

a. the right to publish information without governmental control.
b. magazine publishers from being told they can’t print obscene material.
c. the public from the publication of offensive material.
d. press premises from being searched by law enforcement.
ANS: A
REF: 154
LO: 10

101
6.9 The Espionage Act, passed by Congress in 1917:
a. empowered the President to expel “dangerous aliens.”
b. made it illegal to interfere with recruiting or drafting soldiers or any act that adversely
affected military morale.
c. made it illegal to write or speak “with the intent to defame” the government.
d. made it illegal to provide material support to terrorist organizations.
ANS: B
REF: 141
LO: 6

6.10 The ‘Lemon’ test regarding separation of church and state required that any law
challenged under the establishment clause must meet all of the following criteria, except:
a. have a primary secular purpose.
b. have a principle effect that neither advances nor inhibits religion.
c. have a principle effect that either advances or inhibits religion.
d. not generate excessive entanglement between government and religion.
ANS: C
REF: 132
LO: 4

6.11 The right to peaceful assembly:

a. permits anyone to enter private property to assert protected speech.
b. involves the right to assemble in public places.
c. permits demonstrations on the property of private abortion clinics.
d. cannot be restricted under any circumstances.
ANS: B
REF: 158-159
LO: 1, 2

6.12 Which of the following is not subject to regulation by the state to protect societal interests
under the free exercise clause?
a. Performance of autopsies.
b. Requiring Boy Scouts to promise to “Love God.”
c. Requiring Amish to put orange reflectors on their buggies.
d. Ingestion of illegal drugs in religious ceremonies.
ANS: B
REF: 135-136
LO: 2, 4

102
6.13 Control of the press during the Persian Gulf War was:
a. absolute.
b. close to 100 percent.
c. fairly lax.
d. nonexistent.
ANS: B
REF: 155
LO: 10

6.14 Under the First Amendment, there is an absolute freedom to:

a. speak
b. act
c. protest
d. believe
ANS: D
REF: 134
LO: 1, 2, 3

6.15 Judicial activism is:

a. unconstitutional.
b. when judges interpret the Constitution and its amendments
c. a violation of due process.
d. all of the above.
ANS: B
REF: 137
LO: 1, 2

6.16 The Supreme Court struck down a law banning computer-generated or “virtual” child
pornography in:
a. Prewitt v. State of Arizona ex rel. Eyman (1969).
b. Procunier v. Martinez (1974).
c. City of Ladue v. Gilleo (1994).
d. Reno v. American Civil Liberties Union (1997).
ANS: D
REF: 152
LO: 4, 5

6.17 The Supreme Court ruled that cities may not prohibit yard signs in:
a. Prewitt v. State of Arizona ex rel. Eyman (1969).
b. Procunier v. Martinez (1974).
c. City of Ladue v. Gilleo (1994).
d. Reno v. American Civil Liberties Union (1997).
ANS: C
REF: 152
LO: 5, 9

103
6.18 The Smith Act (1940):
a. banned nude dancing.
b. made it unlawful to advocate overthrowing the government by force.
c. established national standards for obscenity.
d. established the ‘clear and probable danger’ test.
ANS: B
REF: 142
LO: 6

6.19 In order for speech to be considered obscene, and thus not protected by the First
Amendment, it must be all of the following except:
a. the work arouses erotic sexual interest.
b. the work taken as a whole appeals to the prurient interest in sex.
c. it portrays sexual conduct in a patently offensive way.
d. the work taken as a whole does not have a serious literary, artistic, political or
scientific value.
ANS: A
REF: 146
LO: 6

6.20 Which of the following is not part of the three-part test in determining “imminent lawless
action”?
a. The speaker subjectively intended incitement.
b. In context, the words used were likely to produce imminent, lawless action
c. the words used by the speaker objectively encouraged and urged incitement.
d. the words used by the speaker caused excitement.
ANS: D
REF: 142
LO: 7

6.21 Religious freedom includes all of the following, except:

a. the freedom to worship.
b. freedom to print instructional material.
c. freedom to train teachers.
d. prayer conducted in public schools.
ANS: D
REF: 131
LO: 3

104
6.22 Freedom of the press was made binding on the states through the Fourteenth Amendment
in Near v. Minnesota (1931), in which the Supreme Court ruled that:
a. no newspaper could be banned because of its contents, regardless how scandalous.
b. obscenity is not a constitutionally protected form of speech.
c. government may halt publication of books that endanger national security.
d. the press has no constitutional right to disregard promises of confidentiality.
ANS: A
REF: 155
LO: 10

6.23 “Whether the gravity of the evil discounted by its improbability, justifies such invasion of
free speech as is necessary to avoid the danger” is called the:
a. clear and probable danger test
b. clear and present danger test
c. imminent lawless action test
d. imminent probable danger test
ANS: A
REF: 142
LO: 6

6.24 The Supreme Court justified the screening of inmate mail in:
a. Prewitt v. State of Arizona ex rel. Eyman (1969).
b. Procunier v. Martinez (1974).
c. City of Ladue v. Gilleo (1994).
d. Reno v. American Civil Liberties Union (1997).
ANS: A
REF: 161
LO: 11

6.25 The establishment clause of the First Amendment sets forth all of the following, except:
a. Congress shall make no law respecting an establishment of religion.
b. Congress is prohibited from establishing a national church.
c. Congress may establish a national church if three-fourths of the states vote to ratify.
d. government cannot show preference to any particular religion.
ANS: C
REF: 131
LO: 4

105
6.26 In the case of Texas v. Johnson (1989), the Supreme Court ruled: “If there is a bedrock
principle underlying the First Amendment, it is that the government may not prohibit the
expression of an idea simply because society finds the idea itself offensive or
disagreeable.” This case involved:
a. child pornography
b. flag burning
c. cross burning
d. nude dancing
ANS: B
REF: 150
LO: 9

6.27 The Supreme Court placed restrictions on the censorship of inmate mail in:
a. Prewitt v. State of Arizona ex rel. Eyman (1969).
b. Procunier v. Martinez (1974).
c. City of Ladue v. Gilleo (1994).
d. Reno v. American Civil Liberties Union (1997).
ANS: B
REF: 161
LO: 11

6.28 The Supreme Court held that obscenity is not a constitutionally protected form of free
speech in:
a. Near v. Minnesota.
b. Cohen v. Cowles Media Company.
c. Roth v. United States.
d. the Zenger case.
ANS: C
REF: 155
LO: 6

6.29 Standards to define obscenity were set forth in:

a. Near v. Minnesota.
b. the Zenger case.
c. Edwards v. City of Goldsboro, NC.
d. Miller v. California.
ANS: D
REF: 155
LO: 10

106
6.30 The first guarantee to be made applicable to the states through incorporation was:
a. freedom of religion.
b. freedom to assemble.
c. freedom of speech.
d. freedom of the press.
ANS: C
REF: 138
LO: 1

True/False

6.31 Many states apply a higher fighting words standard to law enforcement officers because
they are expected to exercise a higher degree of restraint than the average citizen.
ANS: T
REF: 146
LO: 7

6.32 In Virginia v. Black, the Supreme Court ruled the singular act of cross burning was not a
form of free speech protected by the First Amendment.
ANS: F
REF: 151
LO: 9

6.33 The Supreme Court has ruled that states cannot require children to pledge allegiance to
the United States each day.
ANS: T
REF: 135
LO: 1, 4

6.34 The Supreme Court has ruled that Americans have a free-speech right to pass out
anonymous political pamphlets.
ANS: T
REF: 156
LO: 10

6.35 The United States has been a model of religious tolerance throughout history.
ANS: F
REF: 130
LO: 1

6.36 Any officer who speaks in public on an employment matter is not protected by the First
Amendment.
ANS: T
REF: 148
LO: 8

107
6.37 In the 1999 case of Chicago v. Morales, the Supreme Court upheld an “anti-loitering”
ordinance, stating that the definition of illegal loitering as “to remain in any one place
with no apparent purpose” was not unconstitutionally vague.
ANS: F
REF: 158
LO: 1

6.38 The court has no duty to protect those who come before it from undue adverse publicity.
ANS: F
REF: 157
LO: 10

6.39 In Virginia v. Black (2003), the Supreme Court held that a law banning cross burning as a
hate crime itself is unconstitutional because the law presumes hate is the purpose—
without more evidence, cross burning is deemed a protected form of speech.
ANS: T
REF: 151
LO: 9

6.40 Government’s restriction of the press through use of prior restraint is rare in the United
States and most other democratic countries.
ANS: T
REF: 154
LO: 10

Fill-In

6.41 The First Amendment provision that prohibits the government from creating a national
church is the ____________ clause.
ANS: establishment
REF: 131
LO: 4

6.42 The Religious Freedom Restoration Act of 1993 was declared __________ by the
Supreme Court.
ANS: unconstitutional
REF: 162
LO: 11

6.43 In upholding the free speech right of anonymous pamphleteering, the Supreme Court
held that “Anonymity is a shield from the tyranny of the ______________.”
ANS: majority
REF: 156
LO: 10

108
6.44 The act making it illegal to provide material support to any group that has been
designated by the Attorney General as a “foreign terrorist organization” is the
____________.
A: USA Patriot Act, or Patriot Act
REF: 140
LO: 6

6.45 In determining when speech should not be protected, the courts replaced the clear and
present danger test with the ____________ test.
ANS: imminent lawless action
REF: 142
LO: 7

6.46 No rights are absolute, so government can regulate them when __________ outweigh
those of the individual.
ANS: societal interests
REF: 129
LO: 2

6.47 The constitutionality of prison regulations that restrict prisoners’ First Amendment rights
are judged by using a ____________ test.
ANS: rational basis
REF: 161
LO: 11

6.48 Balancing society’s need for law and order and for effective law enforcement against the
________________ of individuals is known as the balancing test.
ANS: privacy rights
REF: 142
LO: 7

6.49 The free exercise of religion involves both the freedom to believe and the freedom to
______.
ANS: act
REF: 134
LO: 3, 4

6.50 Historically, freedom of the press has been attached to the general concept of
__________.
ANS: censorship
REF: 154
LO: 10

109
Essay

6.51 Rank the four basic freedoms guaranteed by the First Amendment in descending order of
importance to you, then explain why you rank them as you do.

ANS: The four basic First Amendment freedoms addressed in this chapter include
freedom of religion, freedom of speech, freedom of the press and freedom of peaceable
assembly. Students’ rankings and reasons will vary.
REF: 128
LO: 1

6.52 Discuss the delicate balance being struck by the Court in achieving the separation of
church and state in schools.

ANS: Made applicable to the states in Everson v. Board of Education (1947), the Court
ruled in this case that no constitutional violation occurred, as the reimbursement policy
applied to parochial and public school students alike. Later cases ruled that reading Bible
verses and moments of silence for meditation or voluntary prayer were unconstitutional.
In the Lemon case, the Court found secular and religious education so tightly intertwined
that supporting one without supporting the other would be virtually impossible, Laws
requiring the posting of the Ten Commandments have been struck down, but students
have been given the right to hold religious meetings in public high schools outside class
hours. The issue is a case-by-case challenge to the Court and ultimately, no clear set of
rules has been defined to determine the outcomes of these types of cases.
REF: 131-133
LO: 3, 4

6.53 Discuss the constitutionality of flag burning. Explain your feelings about this symbolic
act and whether it should be constitutionally protected.

ANS: Although highly controversial, flag burning is not unconstitutional. Proposed

constitutional amendments to ban flag desecration have been narrowly defeated several
times. In its landmark Texas v. Johnson (1989) ruling, the Supreme Court held that
burning an American flag as a political protest is “symbolic speech” protected by the
First and Fourteenth Amendments. In response Congress passed the Flag Protection Act
of 1989 which, in United States v. Eichman (1990), the Court struck down on the
grounds set forth in Johnson. Students’ opinions on this issue will vary.
REF: 150
LO: 9

110
Test Bank for Constitutional Law and the Criminal Justice System 6th Edition J Scott Harr Do

6.54 Discuss the evolution of the “imminent lawless action” test.

ANS: Restrictions on freedom of speech began with the Alien and Sedition Acts of 1798.
There followed the Espionage Act of 1917, and the Court’s application of a “clear and
present danger” test in 1925 and a “clear and probable danger” test in 1951. Brandenburg
v. Ohio (1969) led to adoption of the “imminent lawless action” test, a three-part test to
determine whether certain communication intentionally urges incitement and, thus, is not
protected by the First Amendment. The approach has also been called the balancing test.
Such a test might be used to determine if statements or other speech were used so as to
create a threat to public safety or to incite others to commit lawless acts.
REF: 141-142
LO: 7

6.55 Discuss how protestors are protected and restricted by the First Amendment.

ANS: The First Amendment protects protestors’ right to speak out about issues and to
gather peacefully, on public or quasi-public property, to demonstrate their causes. It
restricts their ability to infringe on others’ privacy rights, to interfere with public access
to businesses, or to engage in any unlawful activity in support of their demonstration
(vandalism, noise ordinances, harassment, assault, etc.; refer to Table 6.2.)
REF: 157-159
LO: 1, 5, 6

111

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