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Chapter Exam

  1. The Supreme Court found that it is illegal to sentence persons convicted of child molestation to death in:
      a. Miller v. California
      b. Lawrence v. Texas
      c. Heller v. District of Columbia
      d. Kennedy v. Louisiana
  2. The police must obtain a search warrant before performing a search unless:
      a. The person being searched has been convicted of several felony offenses
      b. The police find evidence of a crime in plain sight
      c. The state passes a law that specifically names the person or premises to be searched
      d. None of the above
  3. The Supreme Court has upheld all of the following restrictions on abortion except:
      a. Twenty-four-hour waiting periods
      b. Bans on the use of public facilities to perform abortions
      c. Bans on the procedure known as partial birth abortion
      d. The requirement that an individual satisfactorily pass a series of mental health exams before being able to have an abortion
  4. Which amendment was most recently applied to state and local governments?
      a. The First Amendment
      b. The Second Amendment
      c. The Third Amendment
      d. The Fourth Amendment
  5. The Supreme Court upheld the suspension of a student for unfurling a sign that said:
      a. “Molly (the Drug) for President”
      b. “Bong Hits for Jesus”
      c. “Crack for Christians”
      d. “Marijuana for Muslims”
  6. Does the Constitution protect the speech of someone who advocates the violent overthrow of the government in the free speech area at California State University, Fresno?
      a. Yes, because there are no limits on free speech.
      b. Yes, because she surely could not have actually meant such a statement.
      c. No, because this speech presents a grave and immediate danger to society.
      d. No, because this speech offends someone.
  7. If your professor decides to burn the American flag at a demonstration at the U.S. Supreme Court, has he or she crossed the line with respect to protected speech under the Constitution?
      a. Yes, because flag burning is illegal.
      b. Yes, because forms of speech that can potentially cause property damage are illegal.
      c. No, because the Supreme Court ruled that flag burning is a form of protected speech.
      d. No, because the Constitution protects all forms of symbolic speech, regardless of the method or content of expression.
  8. Which of the following actions is NOT viewed by federal courts as protected symbolic speech?
      a. Wearing a black armband at school to protest the War on Terror
      b. Refusing to stand to salute the American flag during class because of a religious objection to doing so
      c. Holding a sign that states “Bong Hits for Jesus” during school hours
      d. Wearing a wristband that says “I [heart] boobies” to promote breast cancer awareness
  9. Can a federal, state, or local government ban someone from publishing documents that detail the nation's complete strategy with respect to the War on Terror?
      a. No, because freedom of speech is unlimited under the Constitution.
      b. No, because the War on Terror should have ended long ago.
      c. Yes, because the publication of these documents offends a large segment of the public.
      d. Yes, because this would qualify as an “exceptional case” in which the publication of these documents endangers national security.
  10. To prove that a person has libeled or slandered a public figure, one must prove that the person in question:
      a. Knowingly made a false statement
      b. Acted with actual malice
      c. Acted with reckless disregard of whether the statement was false or not
      d. All of the above
  11. If one provides evidence that a work lacks serious artistic, literary, political, or scientific value, he or she has satisfied one part of the test to determine whether the work is obscene under standards established in:
      a. Miller v. California
      b. Brown v. Board of Education
      c. Gitlow v. New York
      d. Gideon v. Wainwright
  12. In 2002, the Supreme Court upheld the constitutionality of:
      a. Obscenity
      b. Advocating the violent overthrow of the federal government
      c. School vouchers
      d. The actions of Julian Assange, the founder of WikiLeaks
  13. All of the following actions are unconstitutional EXCEPT:
      a. Broadcasting prayer over the loudspeaker at the start of school
      b. Starting school with a short reading from the Koran
      c. A student-led prayer of invocation before the start of a high school football game
      d. Individual prayer before the start of an in-class exam
  14. John Doe smoked peyote as part of a Native American religious ceremony, went to work immediately thereafter, and was fired for failing a drug test because of the presence of a hallucinogenic drug in his system. According to the Supreme Court, was his employer justified in firing him?
      a. Yes, because state drug laws override his right to freely exercise his religion.
      b. Yes, because he could have been a danger to the public while he was under the influence of a hallucinogen.
      c. No, because his right to freely exercise his religion is guaranteed by the Constitution.
      d. No, because he did not harm anyone while he was under the influence of a hallucinogen.
  15. Under McDonald v. City of Chicago, can a state or local government ban the private ownership of handguns by all individuals?
      a. Yes, because handguns are a danger to public safety.
      b. Yes, because other jurisdictions have banned handguns in the past.
      c. No, because an individual right to bear arms, including handguns, applies to state and local governments.
      d. No, because the Second Amendment allows any individual to own any kind of firearm that he or she pleases.
  16. The state must provide a person an attorney whenever he or she:
      a. Is accused of any type of traffic violation
      b. Is accused of any misdemeanor crime
      c. Is accused of a felony offense
      d. Would like one
  17. Being informed of the right to remain silent is the cornerstone of a:
      a. Miranda warning
      b. Miller warning
      c. Lemon warning
      d. Quarles warning
  18. Do persons suspected of a crime have to verbally invoke their right to remain silent during questioning before it takes effect?
      a. No, because the Miranda warning was already given.
      b. No, because people cannot be compelled to speak during questioning against their will.
      c. Yes, because a suspect has to make an unambiguous statement that he or she wishes to invoke this right.
      d. Yes, because police can do whatever is necessary to get a suspect to talk until he or she invokes his or her constitutional rights.
  19. During a traffic stop, a police officer found 50 pounds of cocaine in plain view on the passenger seat of Joe's car. Subsequently, the police searched his car and found 2,000 pounds of cocaine. Was this search legal?
      a. No, because the police did not acquire a search warrant.
      b. No, because Joe had an expectation of privacy in his car.
      c. Yes, because the officer saw the initial batch of cocaine in plain view, and the law allows for warrantless searches in situations like this.
      d. Yes, because the law allows police to search vehicles at any time, whether or not they have a warrant.
  20. The police randomly decided to search Sarah's house without a warrant. While carrying out the search, the police discovered 10,000 pounds of “molly” in her basement. Was this search legal?
      a. Yes, because the police can search homes at any time, whether or not they have a warrant.
      b. Yes, because the police discovered an illegal drug, “molly.”
      c. No, because the police never have the right to search a home.
      d. No, because any illegally obtained evidence cannot be used against a person in a court of law.
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