_____ is defined as laws which are unconstitutional under the Due Process Clause because they are so general and unclear that they do not provide notice to the public as to which actions are criminal.
Answer
Correct Answer:
Void for vagueness
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_____ is regulations by government entities that state when and where public speech can take place, such as regulations for a public university that list the rules for when students can hold protest rallies on campus.
Answer
Correct Answer:
Time, place, and manner
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Is symbolic speech speech communicated through the use of images or symbols, such flag burning?
Answer
Correct Answer:
True
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_____ is known as constitutional amendment that protects the right to bear arms.
Answer
Correct Answer:
Second Amendment
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_____ is defined as not explicitly written in the Constitution but rooted in several amendments protects privacy in areas that include contraception and family relations.
Answer
Correct Answer:
Right to privacy
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Is mcLaughlin v. Florida any negro man and White woman, or any White man and negro woman, who are not married to each other, who shall habitually live in and occupy in the nighttime the same room shall each be punished by imprisonment not exceeding twelve months, or by fine not exceeding five hundred dollars?
Answer
Correct Answer:
True
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Is loving v. Virginia when the Court heard the case in 1967, 16 states had antimiscegenation laws on the books. In 1958, Richard Loving, a White man, and Mildred Jeter, a Black woman, were married in Washington, DC. The newly wedded couple returned to Virginia, and they were charged with violating a Virginia law that banned Whites from marrying non-Whites?
Answer
Correct Answer:
True
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Is lawrence v. Texas after observing John Lawrence and Tyron Garner engaging in a sex act, Houston police charged the men with violating a state law that criminalized “deviate sexual intercourse.” Following their conviction, they appealed. After hearing the case, the Supreme Court held that private, consensual sodomy, between adults is constitutionally protected activity?
Answer
Correct Answer:
True
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_____ is defined as legal doctrine that makes some parts of the Bill of Rights applicable to the states through the Fourteenth Amendment.
Answer
Correct Answer:
Incorporation
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_____ is test used by the U.S. Supreme Court in Brandenburg v. Ohio, to determine whether particular speech is constitutionally protected. Speech that is likely to cause imminent, lawless action is not protected under the First Amendment.
Answer
Correct Answer:
Imminent, lawless action
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Is hate speech speech used to express hatred toward an individual or group based upon specific characteristics, such as race, ethnicity, gender, sexual orientation, or religion. Hate speech alone is not criminal. However, when it is joined with conduct, it may be subject to additional criminal sanctions (e.g., penalty enhancement)?
Answer
Correct Answer:
True
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_____ is known as first Amendment constitutional guarantee, which allows people to express their opinions through speech, so long as the state does not have a compelling reason to regulate or prohibit the speech.
Answer
Correct Answer:
Freedom of speech
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_____ is defined as constitutional provision within the First Amendment that permits people to practice religion without undue interference by the state.
Answer
Correct Answer:
Free exercise clause
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_____ is includes the constitutional guarantee of Equal Protection and Due Process. This Amendment makes the Bill of Rights’ protections applicable to state laws.
Answer
Correct Answer:
Fourteenth Amendment
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Is fighting words in Chaplinsky v. New Hampshire, the U.S. Supreme Court defined fighting words as words, “which by their very utterance inflict injury or tend to incite an immediate breach of the peace.” Fighting words are not constitutionally protected under the First Amendment?
Answer
Correct Answer:
True
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_____ is known as included within the U.S. Constitution’s Bill of Rights, mandates due process of law.
Answer
Correct Answer:
Fifth Amendment
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_____ is defined as u.S. constitutional guarantee protected by the Fourteenth Amendment, which provides that all persons are entitled to equal protection under the law.
Answer
Correct Answer:
Equal protection clause
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_____ is u.S. constitutional prohibition against cruel and unusual punishment for someone convicted of a crime.
Answer
Correct Answer:
Eighth Amendment
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Is edwards v. South Carolina the First Amendment protects “the right of the people peaceably to assemble.” This case demonstrates that this constitutional right was an important legal tool in the fight for racial equality during the 1960s civil rights movement. Without it, civil rights advocates could have been prevented from planning and participating in large group demonstrations, including marches such as the Selma to Montgomery marches and the 1963 March on Washington?
Answer
Correct Answer:
True
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_____ is defined as constitutional guarantee in the Fifth and Fourteenth Amendments, which requires that a person not be deprived of “life, liberty or property without due process of law.” It guarantees a fair process, including clear notice of which actions are unlawful.
Answer
Correct Answer:
Due process clause
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_____ is the Eighth Amendment to the U.S. Constitution prohibits punishment that is cruel and unusual. Postconviction punishment must be proportionate to the crime and must not exceed society’s norms for sanctions.
Answer
Correct Answer:
Cruel and unusual punishment
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Is cohen v. California appellant Paul Robert Cohen was convicted in the Los Angeles Municipal Court of . . . “maliciously and willfully disturb(ing) the peace or quiet of any neighborhood or person . . . by . . . offensive conduct . . .” He was given 30 days’ imprisonment . . ?
Answer
Correct Answer:
True
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_____ is known as the appellant [Clarence Brandenburg], a leader of a Ku Klux Klan group, was convicted under the Ohio Criminal Syndicalism statute for: [A]dvocat(ing) * * * the duty, necessity, or propriety of crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform’ [and for] voluntarily assembl(ing) with any society, group, or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism.
Answer
Correct Answer:
Brandenburg v. Ohio
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_____ is defined as the first 10 amendments of the U.S. Constitution, including the right to free speech, the right to bear arms, the prohibition against cruel and unusual punishment, and due process. Some of the Bill of Rights protections are made binding on the states through the Fourteenth Amendment.
Answer
Correct Answer:
Bill of Rights
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Which of the following amendments does not have any elements of right to privacy?
Answer
Correct Answer:
Second Amendment
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Which of the following are examples of issues that have been raised in Supreme Court cases?
Answer
Correct Answer:
All of these
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The Fourteenth Amendment was passed 6 years after which war?
Answer
Correct Answer:
Civil War
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The prohibition against cruel and unusual punishment refers to post-conviction punishments.
Answer
Correct Answer:
True
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There is only one due process clause.
Answer
Correct Answer:
False
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The First Amendment protects the right to bear arms.
Answer
Correct Answer:
False
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______can impose rules for public gatherings, establish hours during which public protests can be held, and set noise level for gatherings.
Answer
Correct Answer:
All of these
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The U.S. Supreme Court applied a clear and present danger test in
Answer
Correct Answer:
Schenck v. United States (1919)
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Speech prohibitions must be content-neutral.
Answer
Correct Answer:
True
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The U.S. Supreme Court announced a new test for obscenity in
Answer
Correct Answer:
Miller v. California (1973)
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A balancing act is used by Congress to weigh an individual’s right to free expression against society’s interests.
Answer
Correct Answer:
False
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Which of the following involved the issue of wearing a black armband with a peace symbol?
Answer
Correct Answer:
Tinker v. Des Moines (1969)
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Symbolic speech has constitutional protection.
Answer
Correct Answer:
True
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Totalitarian and militaristic governments cannot sensor public speech.
Answer
Correct Answer:
False
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Three rights are promised in the First Amendment.
Answer
Correct Answer:
False
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State laws may not encroach upon individual rights guaranteed by the first 10 amendments of the U.S. Constitution.
Answer
Correct Answer:
True
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