make sure that questions are right
1- With respect to the “establishment clause” of the First Amendment and the current U.S. Supreme Court decisions, the Court
a-has ruled that public schools may post the Ten Commandments and have a teacher give a prayer.
b-is still maintaining that a “wall of separation” should exist between church and state
c-has ruled that a national church may be established by the Congress.
d- has upheld many kinds of church/state entanglements such as public funding for certain students in religious schools and allowing religious groups to meet in public schools
2- The “free exercise clause” of the First Amendment refers to
a- religious liberties
b- speech and press liberties
c-voting rights
d- protest and assembly rights
3- With respect to U.S. Supreme Court interpretation of the First Amendment “free exercise clause” it can best be said that the Court has viewed
a-freedom to exercise or act on one’s religious beliefs as an absolute right
b- that only the national government is limited by the First Amendment.
c-that only the state governments are limited by the First Amendment.
d-freedom of one’s religious beliefs as an absolute right
4- Which of the following does not enjoy First Amendment speech protection according to the U.S. Supreme Court?
a- burning of the American flag
b-symbolic speech
c-obscenity
d-material which has sexual content that does not violate the local community standards
5- With respect to “anti-governmental speech,” the current test applied by the Court to determine whether or not such speech is protected is the
a- clear and present danger test.
b-direct incitement test.
c-Lemon test.
d-actual malice test
6- According to the Court’s decision in New York Times Co. v. Sullivan, if libelous statements are made about a “public official,” the finding of libel would stand as long as it were proven that
a-public officials could never sue for libel.
b-the offending story was false, defamed a person, and that actual malice was present.
c- negligence was present.
d- false statements were made
7- In Miller v. California, with reference to obscenity, the U.S. Supreme Court defined “contemporary community standards” as being determined by
a-elected officials.
b-national standards
c-global standards
d- local standards
8- The burning of an American flag as a means of political protest has recently been viewed by the U.S. Supreme Court as
a- symbolic speech which has never been protected by the First Amendment
b-an issue that does not come under the Court’s jurisdiction.
c-non-protected speech
d-symbolic speech which is protected by the First Amendment
9- Which of the following forms of expression are least likely to be given First Amendment protection by the courts today?
a-symbolic speech
b-“hate speech”
c- anti-governmental speech that does not advocate illegal action
d-pornography
10- With respect to the Second Amendment, the U.S. Supreme Court’s most current view is
a- that citizens do not have a right to own ordinary militia weapons
b-that the federal government may not regulate firearms in any way
c-that states may not regulate firearms in any way.
d-that citizens do have a right to own ordinary militia weapons
11- Procedural guarantees provided by the Fourth, Fifth, Sixth, and Eighth amendments for those accused of crimes are known as
a-due process rights
b- privacy rights
c-free exercise rights
d-selective incorporation rights
12- In which of the following cases did the U.S. Supreme Court find that the Fifth Amendment requires that an individual arrested for a crime must be advised of his/her right to remain silent and to have counsel present?
a-Engel v. Vitale
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