Civil Liberties Ch.4

Question 0

Areas of personal freedom with which governments are constrained from interfering

Answer 0

Civil liberties

Question 1

*Freedom of religion
*Free exercise of religion
*Freedom of speech and of the press
*Symbolic speech, speech plus, and the rights of assembly and petition
Freedom of the press

Answer 1

The first amendment

Question 2

The process by which different protections in the bill of rights were incorporated into the fourteenth amendment, thus guaranteeing citizens **protection from state as well as national governments ***

Answer 2

Selective incorporation

Question 3

The first 10 amendments to the U.S. Constitution, ratified in 1971; they ensure certain rights and liberties to the people

Answer 3

Bill of rights

Question 4

Says that “congress shall make no law respecting an establishment of religion.” This law means that a “wall of separation” exists between church and state.

Answer 4

Establishment clause

Question 5

• Lemon v. Kurtzman
• Sante Fe Independent School District v. Doe (2000)
• Elk Grov Unified School District v. Newdow (2004)

Answer 5

Establishment clause cases

1st amendment

Question 6

Government action toward religion is permissible if it is 1.secular in purpose,

2. neither promotes nor inhibits the practice of religion,
3. And does not lead to “excessive entanglement” with religion.

Answer 6

Lemon test

Question 7

Protects a citizen’s right to believe and practice whatever religion he or she chooses

Answer 7

Free exercise clause

Question 8

1. Reynolds v. U.S. (1879)
2. Employment Division v. Smith (1990)
3. Church of Lukumi Babalu Aye v. City of Hialeah (1993)

Answer 8

Free exercise clause cases

1st amendment

Question 9

No religion

Answer 9

Secularism

Question 10

Vietnam war case
Included obscenity and profanity on a t-shirt
Freedom of speech
Court ruled in favor of this mans’ free speech right

Answer 10

Cohen v. California (1971)

Question 11

Wrote letters telling young men not to go to war

Answer 11

Schenck v. U.S. (1919) WWI

Alien and Sedition act

Question 12

Wrote letters to people working in factories to strike and not make those guns and equipment for war.

Answer 12

Abrams v. U.S. (1919) WWI

Espionage act

Question 13

Illegal to criticize US government actions
(This act makes it a crime to say or publish anything that might tend to defame or bring into disrepute the government of the US)

Answer 13

Alien and Sedition Act

Question 14

Illegal to protest against the war

Opposing US involvement in the war

Answer 14

Espionage Act

Question 15

Clear and present danger

Answer 15

Schenck v. U.S. (1919) WWI

Question 16

Bad tendency

Answer 16

Abrams v. U.S. (1919) WWI

Question 17

Determines whether speech is protected or unprotected based on the capacity to present a “clear and present danger” to society

Answer 17

Clear and present danger test

Question 18

Vietnam war case
Received a draft card and set it on fire.
What is the name of the case? And what term or phrase describes his actions?
Who did the supreme ct rule in favor of?

Answer 18

• Case: U.S. v. O’Brien (1968)
• He demonstrated symbolic speech or speech plus.
• Supreme ct. Ruled in favor of the U.S.

Question 19

Speech accompanied by conduct such as sit-ins, picketing, and demonstrations. Protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order.

Answer 19

Speech plus

Question 20

Case about violent speech
People did not want this racist group in neighborhood because they were scaring the citizens by their violent speech.
Supreme ct. Ruled in favor of the group saying no legal action can be taken unless the speech turns into or has to be “imminent lawless actions.”
Supreme ct. Defends his freedom of speech.

Answer 20

Bradenbury v. Ohio (1969)

Question 21

Case about flag burning
Man protested against The Gulf War by burning a US flag at the courthouse steps in Dallas, TX.
Supreme ct ruling; this man won.
What is this case?

Answer 21

Texas v. Johnson (1989)

Question 22

Case pertaining to Freedom of the press
Includes falsity ad during the civil war about Dr. Martin Luther King
Dr. King was arrested by an officer
There was an article in the newspaper that stated Dr. Kings’ innocent and discussing the scene and the song that was sung.
The officer claimed it/ (the song and Dr. Kings’ innocent) was malicious and false against the officer.
The supreme ct ruled it was ONLY false and NOT malicious against the officer.
The supreme ct. Ruled in favor this newspaper.

Answer 22

New York Times v. Sullivan (1964)

Question 23

What is the term that refers to both “falsity” and “malice” when it comes to freedom of the press?
(It must include both of these elements in order to be labeled this term)
And is written

Answer 23

Libel

Question 24

Case pertaining to a joke about a man in a magazine being depicted in such a way that was inappropriate. The man sued the magazine saying it was false and malicious-libel The magazines defense was just that: it was a joke Supreme ct ruled in favor of the magazine

Answer 24

Hustler v. Falwell (1988)

Question 25

An oral statement made in "reckless disregard of the truth" that is considered damaging to the victim because it is "malicious, scandalous, and defamatory."

Answer 25

Slander

Question 26

A written statement made in "reckless disregard to the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory."

Answer 26

Libel

Question 27

The second amendment guarantees an individual's right to possess a firearm unconnected with service in militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Was the first Supreme Court case to decide whether the second amendment protects an individual right to keep and bear arms for self defense

Answer 27

District of Columbia v. Heller

Question 28

The second amendment right to keep and bear arms for self defense in one's home is fully applicable to the states through the 14th amendment. Court held that the right of an individual to "keep and bear arms" protected by the second amendment is incorporated by Due Process Clause of the 14th amendment and applies to the states.

Answer 28

McDonald v. Chicago (2010)

Question 29

What kind of liberties are, freedom of speech and freedom of religion?

Answer 29

Substantive liberties

Question 30

African American woman arrested for having pornographic pics. Police entered her house without a warrant and found these pics. Could not use pics in court because they were obtained without a warrant.

Answer 30

Mapp v. Ohio 1961 Exclusionary rule 4th amendment

Question 31

Evidence obtained illegally will not and can not be used in/admitted in court.

Answer 31

Exclusionary rule

Question 32

Doesn't have a lawyer and can't read goes to jail Ruling: he has the right to counsel/ any poor dependent has the right counsel. Not just in capital cases but also in felonies/ in all cases where people can't afford lawyers.

Answer 32

Gideon v. Wainwrights 1963

Question 33

Case that says you have the right to remain silent

Answer 33

5th amendment Miranda v. Arizona 1966 Self incrimination

Question 34

Gives the right to remain silent at arrest

Answer 34

Self incrimination

Question 35

In this case capital punishment was being used in an arbitrary way ( state of Georgia gave capital punishment only to African American men) If capital punishment is used arbitrarily then it violates these two amendments?

Answer 35

Furman v. Georgia (1972) | Both 8th & 14th amendment

Question 36

Says capital punishment is not cruel and unusual punishment because we are use to it as a society! What case & amendment?

Answer 36

Gregg v. Georgia (1976) | 8th amendment

Question 37

Cruelty against children Spanking children in schools Supreme ct. decides spanking children is not cruel and unusual punishment. Corpul punishment

Answer 37

Ingraham v. Wright (1977)

Question 38

Exam Q: Where in the bill of rights does it say you have the right to privacy?

Answer 38

Not in there but inferred using the 9th amendment

Question 39

Case where supreme ct. said forbidding the use of birth control violated the right of marital privacy. Illegal to advise and prescribe birth control in Oregon

Answer 39

Griswold v. Connecticut (1965)

Question 40

Case about women's right to personal autonomy about abortion Women's right to terminate unwanted pregnancy Supreme ct. Rules in the right to abortion

Answer 40

Roe v. Wade (1973)

Question 41

Anti- sodomy laws in Texas *Personal Autonomy principle Supreme ct ruled in favor of privacy No knock warrant

Answer 41

Lawrence v. Texas (2003)

Question 42

Right to privacy cases/right to personal autonomy-self governing (9th amendment) cases:

Answer 42

Griswold v. Connecticut (1965) Roe v. Wade (1973) Lawrence v. Texas (2003

Question 43

Capital punishment cases: | 8th amendment

Answer 43

Furman v. Georgia (1972)- 8th&14th amendment Gregg v. Georgia (1976) only 8th Ingraham v. Wright (1977) about children

Question 44

Rights of criminally accused cases:

Answer 44

Mapp v. Ohio (1961) 4th-exclusionary rule Gideon v. Wainwrights (1963) 6th- right to counsel Miranda v. Arizona (1966) self-incrimination 5th

Question 45

Right to bear arms cases: | 2nd amendment incorporated with 14th-equality

Answer 45

District of Columbia v. Heller (2008) | McDonald v. Chicago (2010)

Question 46

``` Free exercise Freedoms of speech Speech plus Freedoms of the press Freedom of assembly and petition Obscenity and profanity Libel/slander ```

Answer 46

1st amendment

Question 47

Right to bear arms | Rights of the criminally accused- the 4th, 5th, 6th, and 8th make up due process

Answer 47

2nd amendment

Question 48

Freedom from unnecessary search and seizures Exclusionary rule No arrest without probable cause

Answer 48

4th amendment

Question 49

``` Miranda rule Self incrimination Eminent domain Double jeopardy Grand juries ```

Answer 49

5th amendment

Question 50

Right to be informed of charges *Right to counsel Right to speedy trial Right to confront witnesses

Answer 50

6th amendment

Question 51

No cruel and unusual punishment

Answer 51

8th amendment

Question 52

Quartering of soldiers | No soldier shall in time of peace be quartered in any house without the consent of the owner

Answer 52

The 3rd Amendment

Question 53

Trial by jury in civil case

Answer 53

The 7th amendment

Question 54

Freedoms stated in bill of rights not all the freedoms we have they are also implied/right to privacy

Answer 54

The 9th amendment

Question 55

Powers reserved to states or people

Answer 55

The 10th amendment

Question 56

Equal protection under the law not actually in the bill of rights

Answer 56

The 14th amendment

Question 57

4,5,6,(7),8 | What do these amendments pertain to?

Answer 57

Due process

Question 58

Another word for equality/arbitrary/civil rights/discrimination

Answer 58

Due process

Question 59

Another word for freedom | In bill of rights

Answer 59

Civil liberties

Question 60

Makes sure we are not treated in an arbitrary/discriminative way

Answer 60

Procedural civil liberties

Question 61

Keeping govt. out of our lives

Answer 61

Civil liberties

Question 62

Giving govt power to step in

Answer 62

Civil rights