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The decision in R.A.V. v. City of St. Paul (1992) suggests that


A) high school students have the same freedom of speech rights as adults.
B) political speech receives more protection under the Constitution than commercial speech.
C) commercial speech receives more protection under the Constitution than political speech.
D) virtually all hate speech is not protected by the Constitution.
E) virtually all hate speech is constitutionally protected.

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

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Since 1973, the right to an abortion has been


A) upheld and expanded.
B) upheld but narrowed in scope.
C) overturned by the Supreme Court.
D) unchanged because the Supreme Court has not heard another case involving abortion.
E) repealed by a constitutional amendment.

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

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The Bill of Rights was written because


A) the Antifederalists demanded it as the price of ratification of the Constitution.
B) the Federalists realized that no Constitution would last for long without a bill of rights.
C) the federal government in the early days of the republic was violating too many individual rights.
D) Alexander Hamilton advocated the measure very forcefully.
E) the Supreme Court ruled that a bill of rights was needed.

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

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________ was largely responsible for getting a series of constitutional amendment proposals passed in the U.S. House of Representatives that would ultimately become known as the Bill of Rights.


A) Alexander Hamilton
B) James Madison
C) Patrick Henry
D) Benjamin Cardozo
E) Henry Clay

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

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In what year was freedom of speech extended to protect against the acts of state governments?


A) 1833
B) 1865
C) 1868
D) 1925
E) 1964

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

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________ is a court order demanding that an individual in custody be brought into court and shown the cause for detention.


A) An advisory opinion
B) A bill of attainder
C) Ex post facto
D) Habeas corpus
E) A writ of mandamus

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

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West Virginia State Board of Education v. Barnette (1943) was significant because it


A) endorsed the free exercise of religion even when it was offensive to the beliefs of the majority.
B) allowed the use of tax-supported vouchers for religious schools.
C) established a constitutional right to privacy.
D) prohibited suspicion-less searches of high school students.
E) banned prayers in public schools.

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

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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 should 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.
E) the government cannot regulate any form of commercial speech.

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

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________ is most closely associated with the idea that the First Amendment protects the "marketplace of ideas."


A) John Marshall
B) Oliver Wendell Holmes
C) Earl Warren
D) Antonin Scalia
E) Thurgood Marshall

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

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Van Orden v. Perry (2005) and McCreary v. ACLU (2005) illustrate that


A) the issue of government-sponsored displays of religious symbols has not yet been definitively settled.
B) there are different opinions about whether the establishment clause should apply to state governments as well as to the federal government.
C) the free exercise clause has still not been incorporated through the Fourteenth Amendment.
D) the Lemon test does not apply to cases involving school prayer.
E) the government will never be allowed to display any kind of religious symbols anywhere on government property.

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

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Describe the piecemeal nationalization of the Bill of Rights. What issue is at stake with the nationalization of the Bill of Rights? What was the Supreme Court justices' earliest interpretation of the scope of the Bill of Rights? How did the Fourteenth Amendment challenge this interpretation? Describe the process, under the Palko test, of selective incorporation.

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The piecemeal nationalization of the Bil...

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The exclusionary rule was applied to all levels of government by the Supreme Court justices in ________.


A) Miranda v. Arizona (1966)
B) Near v. Minnesota (1931)
C) Mapp v. Ohio (1961)
D) Escobedo v. Illinois (1964)
E) Griswold v. Connecticut (1965)

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

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The process by which the Supreme Court justices have expanded specific parts of the Bill of Rights to protect citizens against state and federal actions is called ________.


A) habeas corpus
B) selective incorporation
C) the takings clause
D) dual federalism
E) cooperative federalism

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

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Which of the following would NOT be an example of speech plus?


A) burning the American flag
B) assassinating a political leader
C) picketing a factory
D) holding a sit-in at a public park
E) distributing leaflets advocating political reform

F) B) and E)
G) None of the above

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The ________ rule forbids the introduction in trial of any piece of evidence obtained illegally.


A) warrant
B) exclusionary
C) Miranda
D) ex post facto
E) evidentiary

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

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Which of the following is the best description of the Supreme Court's first ruling on the issue of the nationalization of the Bill of Rights in 1833?


A) The takings clause restricts national and state governments but not city governments.
B) The Bill of Rights should not be used if a state's constitution already contains its own bill of rights.
C) The takings clause does not cover accidents caused by government officials.
D) The Bill of Rights limits the national government but not state governments.
E) The Bill of Rights limits state governments but not the national government.

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

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


A) free speech
B) slander
C) pornography
D) prior restraint
E) sedition

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

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The Supreme Court justices do not give full protection to fighting words because


A) insults hurt people's feelings.
B) such words are not part of the essential exposition of ideas.
C) they are a form of sedition.
D) they are a form of obscenity.
E) they are necessarily slanderous.

F) None of the above
G) A) and B)

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Not all speech is treated equally. What forms of speech have received the highest levels of protection? Why have the Supreme Court justices developed two tiers of speech protection? Describe some of the types of speech that have received lower levels of constitutional protection than political speech. What recent controversies involve speech that does not receive absolute protection?

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The forms of speech that have received t...

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________ imprisons more of its people than any other country on earth.


A) Russia
B) Rwanda
C) Iran
D) Brazil
E) The United States

F) None of the above
G) A) and E)

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