Constitutional Law-

Question 1 - The First Amendment specifically prohibits Congress from making any laws that restrict freedom of religion, speech, press, assembly, and:

	privacy.
	to petition the government.
	the presumption of innocence.
	travel.

Question 2 - Protected forms of speech include all of the following, except:

	burning the American flag.
	protesting abortion clinics.
	advocating the violent overthrow of the government.
	swearing at a law enforcement officer.

Question 3 - Which of the following is a permissible restriction on speech?

	Defamation.
	Political rhetoric
	Criticism of the government
	Depictions of animal cruelty

Question 4 - As , law enforcement officers' speech is protected by the First Amendment only if it is a matter of public concern or unrelated to employment.

	officers of the court
	members of the Executive branch
	public employees
	private citizens

Question 5 - The Supreme Court upheld prison regulations that are "reasonably related to legitimate penological interests" using the:

	clear and present danger test
	rational basis test
	strict scrutiny test
	clear and probable danger test

Question 6 - Hamilton v. Regents of the University of California (1934), involving compulsory military training, was one of the earliest cases regarding:

	freedom of the press.
	freedom of religion.
	freedom of speech.
	freedom to assemble.

Question 7 - In Everson v. Board of Education (1947), the Supreme Court cited Thomas Jefferson, stating that the was intended to erect a "wall of separation between Church and State."

	establishment of religion clause
	free exercise clause
	separation of parochial and secular schools
	"excessive entanglement" test

Question 8 - Freedom of the press protects:

	the right to publish information without governmental control.
	magazine publishers from being told they can't print obscene material.
	the public from the publication of offensive material.
	press premises from being searched by law enforcement.

Question 9 - The Espionage Act, passed by Congress in 1917:

	empowered the President to expel "dangerous aliens."
	made it illegal to interfere with recruiting or drafting soldiers or any act that adversely affected military morale.
	made it illegal to write or speak "with the intent to defame" the government.
	made it illegal to provide material support to terrorist organizations.

Question 10 - The 'Lemon' test regarding separation of church and state required that any law challenged under the establishment clause must meet all of the following criteria, except:

	have a primary secular purpose.
	have a principle effect that neither advances nor inhibits religion.
	have a principle effect that either advances or inhibits religion.
	not generate excessive entanglement between government and religion.

Question 11 - The right to peaceful assembly:

	permits anyone to enter private property to assert protected speech.
	involves the right to assemble in public places.
	permits demonstrations on the property of private abortion clinics.
	cannot be restricted under any circumstances.

Question 12 - Which of the following is not subject to regulation by the state to protect societal interests under the free exercise clause?

	Performance of autopsies.
	Requiring Boy Scouts to promise to "Love God."
	Requiring Amish to put orange reflectors on their buggies.
	Ingestion of illegal drugs in religious ceremonies.

Question 13 - Control of the press during the Persian Gulf War was:

	absolute.
	close to 100 percent.
	fairly lax.
	nonexistent.

Question 14 - Under the First Amendment, there is an absolute freedom to:

	speak
	act
	protest
	believe

Question 15 - Judicial activism is:

	unconstitutional.
	when judges interpret the Constitution and its amendments
	a violation of due process.
	all of the above.

Question 16 - The Supreme Court struck down a law banning computer generated or "virtual" child pornography in:

	Prewitt v. State of Arizona ex rel. Eyman (1969).
	Procunier v. Martinez (1974).
	City of Ladue v. Gilleo (1994).
	Reno v. American Civil Liberties Union (1997).

Question 17 - The Supreme Court ruled that cities may not prohibit yard signs in:

	Prewitt v. State of Arizona ex rel. Eyman (1969).
	Procunier v. Martinez (1974).
	City of Ladue v. Gilleo (1994).
	Reno v. American Civil Liberties Union (1997).

Question 18 - The Smith Act (1940):

	banned nude dancing.
	made it unlawful to advocate overthrowing the government by force.
	established national standards for obscenity.
	established the 'clear and probable danger' test.

Question 19 - In order for speech to be considered obscene, and thus not protected by the First Amendment, it must be all of the following except:

	the work arouses erotic sexual interest.
	the work taken as a whole appeals to the prurient interest in sex.
	it portrays sexual conduct in a patently offensive way.
	the work taken as a whole does not have a serious literary, artistic, political or scientific value.

Question 20 - Which of the following is not part of the threepart test in determining "imminent lawless action"?

	The speaker subjectively intended incitement.
	In context, the words used were likely to produce imminent, lawless action
	the words used by the speaker objectively encouraged and urged incitement.
	the words used by the speaker caused excitement.

Question 21 - Religious freedom includes all of the following, except:

	the freedom to worship.
	freedom to print instructional material.
	freedom to train teachers.
	prayer conducted in public schools.

Question 22 - Freedom of the press was made binding on the states through the Fourteenth Amendment in Near v. Minnesota (1931), in which the Supreme Court ruled that:

	no newspaper could be banned because of its contents, regardless how scandalous.
	obscenity is not a constitutionally protected form of speech.
	government may halt publication of books that endanger national security.
	the press has no constitutional right to disregard promises of confidentiality.

Question 23 - "Whether the gravity of the evil discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger" is called the:

	clear and probable danger test
	clear and present danger test
	imminent lawless action test
	imminent probable danger test

Question 24 - The Supreme Court justified the screening of inmate mail in:

	Prewitt v. State of Arizona ex rel. Eyman (1969).
	Procunier v. Martinez (1974).
	City of Ladue v. Gilleo (1994).
	Reno v. American Civil Liberties Union (1997).

Question 25 - The establishment clause of the First Amendment sets forth all of the following, except:

	Congress shall make no law respecting an establishment of religion.
	Congress is prohibited from establishing a national church.
	Congress may establish a national church if three-fourths of the states vote to ratify.
	government cannot show preference to any particular religion.