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

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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) None of the above
G) A) and C)

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Since the 1980s,the Supreme Court has addressed the exclusionary rule by


A) expanding its application to virtually all criminal cases both at the state and federal levels.
B) determining that the rule was unconstitutional,in that it weakened the effectiveness of the police in maintaining an orderly society.
C) expanding its application to federal cases only.
D) expanding its application to state cases only.
E) None of these answers is correct.

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

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In the Johnson flag-burning case,the Supreme Court ruled that


A) flag burning is an imminent danger to public safety.
B) flag burning is not symbolic speech.
C) flag burning,although offensive,cannot be prohibited.
D) flag burning can be prohibited by the national government but not by the states.
E) flag burning could be banned by Congress.

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

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The inclusion of certain provisions of the Bill of Rights in the Fourteenth Amendment,so that these rights are protected from infringements by the state governments,is called


A) the preferred position doctrine.
B) procedural change.
C) selective incorporation.
D) the absorption doctrine.
E) prior restraint.

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

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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


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

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

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Which constitutional amendment protects the individual against self-incrimination?


A) First
B) Second
C) Fourth
D) Fifth
E) Ninth

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

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The right to privacy was instrumental in which decision?


A) Roe v.Wade
B) Mapp v.Ohio
C) Schenck v.United States
D) Miranda v.Arizona
E) New York Times Co.v.United States

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

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Justice Stone argued in 1938 that


A) citizens should have priority over non-citizens in the legal system.
B) First Amendment rights are the basis of most other rights.
C) the interests of the majority are more important than the rights of the individual.
D) the requirements of national security take precedence over freedom of expression.
E) the Bill of Rights should be fully applied to the states.

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

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According to the Supreme Court,prior restraint on the press is only acceptable if


A) lower federal courts approve the action.
B) the government can clearly justify the restriction.
C) the press itself willingly accepts that restraint.
D) the press is careless in its claims.
E) the press is malicious in its intent.

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

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If a person yells "fire" in a crowded theater when there is no fire,and people are hurt in the ensuing panic,that individual abused his freedom of speech according to the doctrine of


A) malice.
B) clear and present danger.
C) unlawful assembly.
D) privacy.
E) prior restraint.

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

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Like all other rights,the right of free expression is


A) spelled out in precise terms in the Bill of Rights.
B) not absolute.
C) fully respected by public officials.
D) protected from action by federal officials but not state officials.
E) None of these answers is correct.

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

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Gideon v.Wainwright is to the Sixth Amendment as Mapp v.Ohio is to the


A) First Amendment.
B) Fourth Amendment.
C) Fifth Amendment.
D) Eighth Amendment.
E) Tenth Amendment.

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

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,the justices


A) ruled that states are free to adopt abortion laws of their choosing.
B) reaffirmed the essential aspects of Roe v.Wade.
C) invoked the Ninth Amendment for the first time in an abortion decision.
D) invalidated the right to an abortion in the early months of pregnancy.
E) None of these answers is correct.

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

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Explain the concept of prior restraint of the press.Include one example of how the Supreme Court has ruled on this issue.

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Prior restraint is government prohibitio...

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The Supreme Court


A) has ruled that even forms of symbolic speech considered to be dangerous to the public are protected.
B) ruled during the Vietnam war that the burning of draft registration cards was a protected form of symbolic speech.
C) has reduced its protections of symbolic speech dramatically,and recently has ruled against flag burning as a form of protected symbolic speech.
D) has protected symbolic speech much more substantially than it has protected verbal speech.
E) has generally protected symbolic speech,though less substantially than it has protected verbal speech.

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

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Which of the following is correct with regard to obscenity and the law?


A) Obscenity is not protected by the First Amendment.
B) Obscenity is never unlawful.
C) Child pornography is protected by the First Amendment.
D) Obscenity has been easy for courts to define with precision.
E) Obscenity is protected under the Ninth Amendment.

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

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

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The Fourth Amendment protects Americans from


A) any search conducted without a warrant.
B) unreasonable searches.
C) unreasonable searches conducted only by federal officers.
D) all searches conducted by state officers.
E) searches conducted only by local officers.

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

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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) D) and E)
G) B) and E)

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