How can I find the answers to the following questions about equality and rights provided for by the American government? 1.The history of free speech in the United States shows that: - a. the...

How can I find the answers to the following questions about equality and rights provided for by the American government?

1.The history of free speech in the United States shows that: - a. the right of free speech has been inviolate since the Constitution was adopted b. speech rights are far more limited today than they were in the eighteenth and nineteenth centuries c. no institution of government has ever taken this right seriously or d. although the principles is honored, individuals have been prosecuted on numerous occasions for speech critical of government policy

2.Gitlow v. New York (1925) was a historic case because - a. the Court ruled that freedom of speech is an unconditional constitutional guarantee b. the Court ruled that the First Amendment does not apply to the states c. the Court formulated the clear and present danger test or dd. for the first time, the Court rules that the First Amendment applied to the states, through the due process clause of the Fourteenth Amendment

3.Under Brandenburg v. Ohio (1969), threatening speech is not protected by the First Amendment if it - a. advocates lawless action b. angers those who hear it c. advocates the overthrow of the government of the United States or d. is intended to incite lawless action and is likely to produce it.

4.The current standard for judging whether material is obscene - a. applies a single national standard to a work or any of its parts b. applies a contemporary community standard to an entire work, which must lack serious literary, political, artistic, or scientific merit c. prohibits portrayal of vaguely defined "sexual practices", thus giving local courts wide latitude in finding published material obscene or pornographic or d. applies a single national standard to the work taken as a whole

5.The exclusionary rule holds that - a. "fighting words" can be excluded from constitutional protection b. a court can order or constrain an action by an individual c. evidence obtained from an illegal search and seizure cannot be used in a trial or d. people who are biased against a defendant may be excluded from serving on a jury

6. The Civil Rights Act of 1964 provided for all of the following EXCEPT: - a. equal access to public accommodations regardless of race, religion, or national origin. b. equal employment opportunities, regardless of race c. withholding federal grants-in-aid from state programs that discriminated on the basis of race or d. elimination of the poll tax as a requirement for voting

Asked on by readeal3

1 Answer | Add Yours

pohnpei397's profile pic

pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted on

Question 1:  Best answer is D.  A is clearly wrong as things like the Alien and Sedition Acts show.  B is wrong because there have been no major new legal limitations on speech imposed in the 20th and 21st century.  C is wrong.  One example is that the Supreme Court has allowed things like the Nazi march through Skokie or the Westboro Baptist Church protests.  This leaves D, which is true because free speech is generally honored but we also have things like the prosecution of Eugene V. Debs for his opposition to WWI.

Question 2: D is the correct answer.  This was part of the process of selective incorporation.  The Bill of Rights, as originally written, does not apply to the states.  In this case, the Court found that the First Amendment protection of freedom of speech, at least, does apply to the states because of the 14th Amendment.

Question 3: D is the correct answer again.  This case specifically says that speech is only illegal if it calls for illegal action AND it is likely to cause that illegal action to occur.  The Court ruled in this case that both of these criteria have to apply, making D the better answer than A.

Question 4: B is the correct answer.  This is the “Miller Test,” which was set out in the Supreme Court’s ruling in Miller v. California from 1973.  It says that a work is only obscene if it has no serious literary, artistic, political, or scientific value, if it violates the standards of a particular community, and if the sexual activity depicted is specifically defined by the law.

Question 5: C is the correct answer.  None of the other answers is even close.  The exclusionary rule (applied to the states in Mapp v. Ohio) says that evidence found in an illegal search cannot be used in court.  As you can see, none of the other options has to do with any related idea.

Question 6: The best answer is D.  The easiest way to know this is to know that poll taxes were banned in other ways.  The poll tax was banned in national elections by the 24th Amendment to the Constitution, ratified in 1964.  The Court case of Harper v. Virginia Board of Elections, decided in 1966, said that poll taxes were also illegal in all other elections.  Therefore, poll taxes were not banned by the 1964 Civil Rights Act.

Sources:

We’ve answered 318,915 questions. We can answer yours, too.

Ask a question