Supreme Court Decisions on First Amendment

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Questions and Answers

In both Yates v U.S. (1957) & Brandenburg v Ohio (1969), the Supreme Court recognized what important distinction regarding speech?

speech that encourages hate of a particular group is never protected

the government can place limits on speech during times of war

there is a difference between speech that encourages violence & speech that actually results in violence, with the former being protected & the latter being punishable

the court acknowledged a difference between encouraging thought & encouraging actions, including actions that merely resulted from speech but were not directly advocated for (correct)

In response to the Bipartisan Campaign Reform Act (McCain-Feingold Act), the United States Supreme Court, in Citizens United v Federal Election Commission (2010), ruled that:

limits on campaign contributions by minors are constitutional under the First Amendment

limits on issue advertisements 90 days before an election are unconstitutional

independent political expenditures by corporations and unions to influence voters are protected by the First Amendment (correct)

limits cannot be placed upon candidates' contributions to their own campaigns

With respect to prayer in public schools, the United States Supreme Court has ruled that:

state-sponsored prayer is permitted by the free exercise clause of the First Amendment

state-sponsored prayer violates the establishment clause of the First Amendment (correct)

since educational policy is controlled largely by state governments, the First Amendment does not affect school policy on prayer

the free exercise clause permits teachers to mandate silent prayer

The United States Supreme Court has used which of the following to incorporate the Bill of Rights into state law?

the Fourteenth Amendment's Due Process Clause Signup and view all the answers

According to the Clear & Present Danger Test, speech may be more easily restricted

whenever the U.S. is at war Signup and view all the answers

Which of the following is true about the right of free speech, as currently interpreted by the Supreme Court?

It protects the right to express opinions even without the actual use of words Signup and view all the answers

Which of the following statements best describes how citizens regard the rights of free speech and assembly?

A majority agrees in principle with these rights, but in practice many people are often intolerant of views they do not support Signup and view all the answers

The Fourteenth Amendment to the Constitution has been interpreted by the Supreme Court to

make most rights contained in the Bill of Rights applicable to the states Signup and view all the answers

On which of the following constitutional principles did the Supreme Court base its decision in Engel v. Vitale?

the establishment clause Signup and view all the answers

Which of the following did the Supreme Court permit in New York Times v. United States?

printing government documents dealing with classified information since there was no inhibition of national security Signup and view all the answers

What principle did the Supreme Court affirm in New York Times Co. v. U.S. (1971)?

inability to enact prior restraint on printed news publications Signup and view all the answers

Most of the individual protections of the Bill of Rights now apply to the states because of the Supreme Court's interpretation of the Constitution's

Due Process Clause Signup and view all the answers

The preferred position doctrine—which holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do— can also be seen in the court's creation of which constitutional test?

Imminent Lawless Action Signup and view all the answers

Which of the following would NOT be a situation in which a suspension of the writ of habeas corpus would be considered constitutional?

riots in major cities during the civil rights movement cannot be put down by local police Signup and view all the answers

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local government is known as

selective incorporation Signup and view all the answers

Based on decisions like Reynolds v U.S. (1878) & Oregon Employment Div. v Smith (1990), which of the following statements is most applicable to a discussion of the Free Exercise Clause?

free exercise can be ruled subordinate to a law that is broadly applied to society if it is not directly meant to limit a groups' religious practices Signup and view all the answers

When we speak of laws that apply to all kinds of speech and to all views, not just that which is unpopular or divisive, we are referring to what?

Content or viewpoint neutrality Signup and view all the answers

Justice Holmes's Clear and Present Danger Test holds that government can

restrict speech that threatens national security Signup and view all the answers

What is an accurate comparison between Schenck v United States (1919) and Tinker v Des Moines (1969)?

A = Decided that fighting words violated First Amendment B = Decided that during times of war, speech can be restricted C = Established the Clear & Present Danger Test D = Set a lower standard for deciding if speech was protected Signup and view all the answers

The Supreme Court has altered the scope of the Fourth Amendment's protection that every citizen has the right to be free from unreasonable government intrusion into their persons. homes, businesses. and property. Which of the following Statements explains HOW the Court has done this?

Because vehicles are obviously highly mobile, a warrant is not required to search vehicles if police have probable cause to believe the vehicle contains evidence of a crime Signup and view all the answers

Which of the following Supreme Court decisions would allow public school students to wear T-shirts protesting a school board decision that eliminates funding for high school arts programs?

Tinker v. Des Moines Independent Community School District (1969) Signup and view all the answers

The 1973 Roe v. Wade decision that upheld a woman's right to secure an abortion was based on the right to

privacy implied in the Bill of Rights Signup and view all the answers

Which of the following did the Supreme Court assert in Gideon v. Wainwright?

proper defense is essential to a fair trial at any level of government Signup and view all the answers

Which protection bars the use of illegally seized evidence at trial?

exclusionary rule Signup and view all the answers

The free exercise clause states that the national government will not interfere with which of the following?

the practice of an individual's religious beliefs Signup and view all the answers

What founding principle has been frequently cited as a basis for opposition to the Court's occasional application of the Bill of Rights protections to the state & local governments?

federalism Signup and view all the answers

If a police officer has a reasonable belief that someone is engaged in criminal activity, that officer can conduct a Terry Search ______ .

without getting a warrant Signup and view all the answers

Which of the following best represents the reasoning used by the Supreme Court in Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, in which the Court overturned a city ordinance prohibiting the ritual killing of animals as part of religious ceremonies?

a law that happens to prohibit a religious practice must be broadly applied to all citizens & groups under the government's authority Signup and view all the answers

In McDonald v. Chicago (2010), the United States Supreme Court stated that, "[s]elf-defense is a basic right, recognized by many legal systems from ancient times to the present day" and that an individual's right to bear arms was "deeply rooted in this Nation's history and tradition." Which amendment was at issue in McDonald?

The Second Amendment Signup and view all the answers

Which of the following is an accurate comparison of the two court cases?

A = case concerning the Establishment Clause B = Ruled in favor of the school C = Decreased power of state gov't D = Decided that school's couldn't have sponsored prayer Signup and view all the answers

Study Notes

Question 1

Supreme Court recognized important distinctions in Yates v U.S. (1957) and Brandenburg v Ohio (1969) regarding speech limitations during wartime
The court acknowledged a difference between encouraging thought or actions and actions that merely result from speech, but not directly advocated.

Question 2

Independent political expenditures by corporations and unions to influence voters are protected by the First Amendment
Limits on campaign contributions by minors are constitutional under the First Amendment

Question 3

With respect to prayer in public schools, the Supreme Court ruled that since educational policy is largely controlled by state governments, the First Amendment does not affect school policy on prayer.

Question 4

The Fourteenth Amendment's Due Process Clause was used to incorporate the Bill of Rights into State law.

Question 5

According to the Clear & Present Danger Test, speech may be more easily restricted whenever the U.S. is at war or when speech incites violent action.

Question 6

(No information provided regarding question six)

Question 7

Free speech is protected from federal infringement, but not from state infringement
Free speech protects the right to express opinions even without the use of words (e.g., symbolic speech).
Citizens have the right to disobey laws that they believe are unjust, but this right is not absolute.

Question 8

The Fourteenth Amendment has been interpreted by the Supreme Court to prevent states from taxing agencies of the federal government.

Question 9

The Supreme Court based its decision on Engel v. Vitale (1962) on the Establishment Clause

Question 10

The Supreme Court permitted the publication of the Pentagon Papers in New York Times v. U.S. (1971)

Question 11

The Supreme Court affirmed the principle of preventing prior restraint on printed news publications in New York Times Co v U.S.

Question 12

The Due Process Clause of the Fourteenth Amendment is the principle by which provisions from the Bill of Rights were incorporated into state law.

Question 13

(No information provided regarding question thirteen)

Question 14

Several states seceding from the union in the wake of Abraham Lincoln's election is not a situation in which suspending the writ of habeas corpus would be considered constitutional.

Question 15

The process of incorporating Bill of Rights provisions into state and local governments is known as selective incorporation.

Question 16

Free exercise can be subordinate to laws that are broadly applied to society, as long as they aren't explicitly targeted at religious practices.
Free exercise does not contradict the separation of church and state.

Question 17

Laws that apply to all kinds of speech are considered "content- and viewpoint-neutral".

Question 18

(No information provided regarding question eighteen)

Question 19

Schenck v. United States (1919) and Tinker v Des Moines (1969) contrasted by the protection of "fighting words" versus expressive symbolic speech.

Question 20

(No information provided regarding question twenty)

Question 21

The Supreme Court altered the scope of the Fourth Amendment's protection by stating that a warrant isn't always required to search vehicles with probable cause that a crime is linked to a vehicle.

Question 22

Roe v. Wade (1973) was based on the right to life, liberty, and the pursuit of happiness, implied in the Declaration of Independence

Question 23

Gideon v. Wainwright (1963) asserts that a proper defense is essential for a fair trial at any level of government.

Question 24

(No information provided regarding question twenty-four)

Question 25

The exclusionary rule bars the use of illegally seized evidence in a trial.

Question 26

Federalism is a basis for opposition to the Court's application of Bill of Rights protections to state and local governments.

Question 27

A police officer can conduct a Terry Search if they have a reasonable belief that criminal activity is occurring, and intend to arrest the suspect.

Question 28

(No information provided regarding question twenty-eight)

Question 29

The Fourteenth Amendment and the right to bear arms are at issue in McDonald v. Chicago (2010).

Question 30

Engle v. Vitale (1962) is about the establishment clause, and Wisconsin v. Yoder (1972) is about the free exercise clause.

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Description

This quiz examines significant Supreme Court cases that have shaped the understanding of the First Amendment and its implications for speech, political contributions, and prayer in schools. It covers landmark rulings and critical distinctions made by the court regarding freedom of expression and its limitations.