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Spoken words that are known to be false and harmful to a person's reputation are an example of


A) libel.
B) slander.
C) blasphemy.
D) obscenity.
E) symbolic speech.

F) A) and E)
G) All of the above

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Government can lawfully prevent a political rally from taking place


A) under no circumstances; people have an unconditional right to express their views.
B) when the rally would require unduly expensive police protection.
C) when the views of those holding the rally are unpopular.
D) when it can demonstrate that harmful acts will necessarily result from the rally.
E) None of these answers is correct.

F) A) and B)
G) All of the above

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The Supreme Court's position on prior restraint of the press is that


A) national security needs are of highest priority.
B) only classified government documents are subject to prior restraint.
C) prior restraint can never be exercised by government.
D) prior restraint should apply only in rare circumstances, and it is better to hold the press responsible for what it has printed than to restrict what it may print.
E) prior restraint should be used fairly frequently in a democracy.

F) A) and B)
G) C) and E)

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The inevitable discovery exception


A) holds that the exclusionary rule can be waived in cases where failure to convict can lead to further public harm.
B) holds that otherwise excludable evidence can be admitted in trial if police believed they were following the proper procedures.
C) allows the use of evidence that would have been discovered by other means or through other forms of evidence.
D) has effectively invalidated the exclusionary rule.
E) holds that a convicted person may not appeal the conviction when his or her own actions would have ultimately led to further unlawful acts.

F) D) and E)
G) C) and E)

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C

Which of the following is NOT protected by the First Amendment


A) freedom of speech.
B) freedom of press.
C) freedom of assembly.
D) freedom of bearing arms.
E) freedom of religion.

F) A) and D)
G) D) and E)

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According to Freedom House, which of the following countries has the highest degree of freedom?


A) Japan
B) Mexico
C) Guatemala
D) Russia
E) United States

F) A) and D)
G) B) and E)

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In its 2011 Snyder v. Phelps ruling, the Supreme Court held that Westboro Baptist Church protests at military funerals


A) were unconstitutional because the funerals were military, but they would have been constitutional at civilian funerals.
B) would need specific prior approval by a federal judge.
C) were a constitutionally protected form of free speech.
D) could not be considered constitutionally protected freedom of assembly.
E) were a state matter and must be decided on a case-by-case basis in state courts.

F) B) and D)
G) C) and D)

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The exclusionary rule states that


A) federal law cannot be applied in state courts.
B) the laws of one state court cannot be applied in the courts of another state.
C) after seven years, the statute of limitations applies, except in murder cases.
D) evidence obtained illegally is inadmissible in court.
E) state law cannot be applied in federal courts.

F) A) and B)
G) B) and D)

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D

According to the Supreme Court, prayer in public schools violates


A) the free exercise clause.
B) the establishment clause.
C) the exclusionary rule.
D) procedural due process.
E) the clear and present danger test.

F) A) and C)
G) C) and E)

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"You have the right to remain silent....Anything you say can and will be used against you in a court of law....You have the right to an attorney." This is called the


A) preferred position doctrine.
B) clear and present danger test.
C) Miranda warning.
D) fairness doctrine.
E) None of these answers is correct.

F) A) and D)
G) A) and C)

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C

The Supreme Court has reasoned that a right of privacy is provided by


A) the Civil Rights Act of 1964.
B) the Ninth Amendment, which says that people's rights are not limited to those enumerated in the Constitution.
C) the Tenth Amendment, which reserves to the people and the states those powers not granted to the federal government.
D) the implication of the right to privacy by the freedoms in the Bill of Rights.
E) the Civil Rights Act of 1991.

F) A) and C)
G) All of the above

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The term civil liberties refers to specific individual rights that


A) apply in civil cases but not in criminal cases.
B) apply in civil cases but not in military ones.
C) are constitutionally protected from infringement by government.
D) are constitutionally protected from infringement by individuals.
E) are not covered by the First Amendment.

F) C) and E)
G) A) and E)

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Gideon v. Wainwright required the states to


A) temporarily abolish the death penalty.
B) expand the exclusionary rule to both felony and misdemeanor cases.
C) furnish attorneys for poor defendants in felony cases.
D) grant speedy trials to defendants after 90 days of delay.
E) provide more funding for education.

F) C) and E)
G) A) and E)

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?


A) allowing the prosecution an unlimited number of challenges in capital cases
B) preventing convicted persons in capital cases from filing an appeal
C) preventing the prosecution from challenging jury selections in felony cases
D) the failure to provide low income defendants with court-appointed lawyers
E) encouragement of low income defendants to act as their own attorney

F) C) and D)
G) None of the above

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How did the Supreme Court's position on the rights of the accused in state courts change in the 1960s?


A) The Supreme Court began to allow states greater freedom to interpret the rights of the accused.
B) The Supreme Court began to dramatically reduce federal power to force the states to make special accommodations for the rights of accused minorities.
C) The Supreme Court began to protect the rights of the accused from action by the states.
D) The Supreme Court position did not change noticeably.
E) The Supreme Court ceased to enforce the practice of selective incorporation.

F) B) and D)
G) A) and B)

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Justice Holmes's "clear and present danger" test holds that government can


A) restrict speech that threatens national security.
B) restrict any speech of an inflammatory nature.
C) imprison political dissidents during time of war without following normal procedures.
D) engage in prior restraint of the press whenever national security is at issue.
E) restrict speech that is disrespectful to specific classes of citizens.

F) A) and E)
G) B) and E)

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In deciding two 2014 cases involving the legality of searching a suspect's cell phone, the Supreme Court ruled that


A) the cell phone can be searched only if there is sufficient other evidence that it contains information relevant to the crime.
B) the cell phone can be searched if officers believe it may contain information that will lead to the arrest of other suspects.
C) the cell phone can be searched as long as the search is approved by a higher police authority, such as a precinct captain or county sheriff.
D) the cell phone cannot be searched, unless police believe that doing so could prevent a serious imminent crime, such as a terrorist attack.
E) the cell phone cannot be searched under any circumstances.

F) A) and B)
G) A) and C)

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Explain the concept of procedural due process and list several of the procedural rights protected by the Constitution. Do these rights apply to all levels of government? Explain.

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Procedural due process refers to procedu...

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In the case of McNabb v. United States, Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether


A) governments had observed procedural guarantees.
B) those convicted are actually guilty.
C) those convicted have the opportunity for appeal.
D) those convicted are treated humanely while imprisoned.
E) everyone is treated fairly in every case.

F) A) and B)
G) A) and E)

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Libel applies to defamation of an individual's reputation through the


A) written word.
B) spoken word.
C) written and spoken word.
D) written, spoken, and symbolic word.
E) None of these answers is correct.

F) None of the above
G) C) and D)

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