Chapter 14: Politics and Personal Liberty

Question 1

The Bill of Rights consists of

Answer 1

The first ten amendments to the Constitution

Question 2

The Bill of Rights, written by

Answer 2

James Madison

Question 3

The Bill of Rights originally only

Answer 3

Restricted the national government’s power

Question 4

The Bill of Rights has been referred to as a list of

Answer 4

“Thou shall nots” against our government

Question 5

The 14th Amendment’s Due Process Clause states

Answer 5

“Nor shall any states deprive any person of life, liberty, or property without due process of law.”

Question 6

The First Amendment

Answer 6

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

Question 7

Freedom of speech is

Answer 7

Broad but it is not absolute

Question 8

A state cannot prohibit advocating the use of force or law violation unless such advocacy is

Answer 8

Directed to producing or inciting imminent lawless action, and is likely to produce or incite such action and brandenburg

Question 9

Pure Speech

Answer 9

Speech without any conduct (besides the speech itself)

Question 10

Rule: Individuals can say what they want as long as they do not cause

Answer 10

A breach of the peace or riot, or hurl “fighting words” at specific persons

Question 11

Fighting words are

Answer 11

Personally abusive epithets likely to incite immediate physical retaliation

Question 12

Cohen v. California the draft:

Answer 12

The court permitted it

Question 13

George Carlin’s “Filthy Words” monologue was

Answer 13

Banned on the airwaves

Question 14

Speech is combined with

Answer 14

Conduct that is intended to convey ideas—ex. carrying signs while chanting

Question 15

The government uses time, place, and manner restrictions. The speech plus

Answer 15

Conduct must be done in a reasonable time, place and manner

Question 16

Collin V. Smith

Answer 16

The Court upheld the right of the neo-Nazis to march in Skokie

Question 17

Target picketing

Answer 17

Will not be upheld

Question 18

The use of symbols, rather than words, to

Answer 18

Convey ideas

Question 19

Wearing black armbands to

Answer 19

Protest the Vietnam War

Question 20

Burning the U.S flag in political

Answer 20

In protest

Question 21

Burning draft cards during

Answer 21

Vietnam War

Question 22

Freedom of the Press

Answer 22

Rule: freedom from prior restraint aka censorship

Question 23

A series of papers were leaked by

Answer 23

Someone in the Pentagon to the Washington Post

Question 24

The Washington Post began

Answer 24

Publishing the “Papers” in a series

Question 25

The Nixon Administration sought injunctions to

Answer 25

Restrain the newspaper from publishing more excerpts, but the SCT refused to grant it

Question 26

The justices said they would grant the injunctions if they involved

Answer 26

Matters of national security, however, the "Papers" contained historical data, so no granted injunction

Question 27

This case created the

Answer 27

First exception to the general rule of no prior restraint

Question 28

A prior restraint would be allowed when the data involved

Answer 28

Matters of national security

Question 29

Printed or broadcast statements that are

Answer 29

False and tarnish someone's reputation

Question 30

If these elements are proven, victims may

Answer 30

Recover money damages

Question 31

Public officials must show the statements were

Answer 31

1) False, harmed their reputation, and were made with "reckless disregard for the truth." 2) Later cases have extended this rule to public figures

Question 32

A description or depiction of sexual conduct that, taken as a whole, by the average person, applying

Answer 32

Contemporary community standards

Question 33

Obscenity appeals to the

Answer 33

1) Prurient (shameful, morbid, incites lust) interest in sex 2) Portrays sex in a potently offensive way 3) Does not have serious literacy, artistic, political, and scientific value using a national, reasonable person standard, rather than the contemporary community standard

Question 34

The Free Exercise Clause

Answer 34

"Congress shall make no law...prohibiting the free exercise (of religion)"

Question 35

The free exercise clause allows individuals to practice their religion.

Answer 35

Without government coercion

Question 36

It prohibits the government from punishing someone based on a person's

Answer 36

Religious beliefs

Question 37

The Free Exercise of Religion:

Answer 37

The Religious Freedom Restoration Act

Question 38

Government shall not

Answer 38

Substantially burden a person's exercise of religion even if the burden results from a rule of general applicability

Question 39

Government may

Answer 39

Substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person

Question 40

The Religious Freedom Restoration Act

Answer 40

1) Is in furtherance of a compelling governmental interest; and 2) Is the least restrictive means of furthering that compelling governmental interest

Question 41

The Establishment Clause

Answer 41

"Congress shall make no law respecting an establishment of religion..."

Question 42

Sect preference: If a law or government program includes a preference for some religious sects over others, the law will be held invalid unless it is

Answer 42

Narrowly tailored to promote a compelling interest

Question 43

No sect preference: The governmental program will be valid under the Establishment Clause if it:

Answer 43

1) Has a secular purpose 2) Has a primary effect that neither advance nor inhibit religion, and 3) Does not produce excessive entangle with religion

Question 44

The Second Amendment: A well-regulated militia is necessary for the security of a

Answer 44

Free state and the right of the people to keep and bear Arms shall not be infringed

Question 45

In the U.S Supreme Court case of

Answer 45

District of Columbia V. Heller

Question 46

The U.S Supreme Court ruled for

Answer 46

The first time that the Second Amendment protects an individual's right, not a collective or militia's right, to keep and bear arms for self-defense

Question 47

A defendant's factual guilt must be

Answer 47

Established

Question 48

Must prove the defendant had the

Answer 48

Requisite state of mind

Question 49

Legal guilt must be proven beyond

Answer 49

A reasonable doubt

Question 50

The Fourth Amendment: The right of the people to be secure...against

Answer 50

Unreasonable searches and seizures

Question 51

The Fifth Amendment prohibits

Answer 51

1) Compelled self-incrimination in any criminal case 2) Any person to be subject to double jeopardy of life or limb for the same offense

Question 52

Probable Cause is a

Answer 52

Standard used in determining when arrests and searches can be conducted by police

Question 53

The Exclusionary rule is based on the

Answer 53

Fourth Amendment

Question 54

It is a judge-made rule that prohibits the use in many circumstances of evidence obtained in violation of the

Answer 54

Fourth Amendment

Question 55

The Sixth Amendment assures, among other freedoms, and

Answer 55

The right to counsel

Question 56

A plea bargain occurs

Answer 56

When suspects deal with the prosecutor to obtain lighter sentence in exchange for a guilty plea

Question 57

The Eighth Amendment prohibits

Answer 57

A cruel and unusual punishment

Question 58

The Ninth Amendment

Answer 58

The Constitution shall not be construed to deny or disparage certain rights retained by the people

Question 59

The Right to Privacy: Roe v. Wade:

Answer 59

The U.S Supreme Court ruled a woman's right to privacy of her body is paramount

Question 60

Roe V. Wade

Answer 60

1) 0-3 months: A woman can have an abortion 2) 3-6 months: A woman can have the abortion subject to reasonable regulations for health 3) 6-9 months: States can prohibit abortion

Question 61

In the Cruzan case, the Supreme Court established the right to

Answer 61

Die for individuals

Question 62

The justices ruled that

Answer 62

Individuals can refuse medical treatment, including food and water, even if this means they will die if they.