52 terms

Civil Liberties and Civil Rights

7. A basic difference between the Bill of Rights and the U.S. Constitution proper is that the former is a list of what?
"do nots"
8. A name used to describe laws that officially sanctioned racial discrimination is what?
Jim Crow Laws
A state cannot apply a license fee on Jehovah's Witnesses who solicit door to door. This is in keeping with what clause of the First Amendment?
Free Exercise
10. After defining the clear-and-present-danger test, Supreme Court Justice Oliver Wendell Holmes did what?
11. An act that conveys a political message is called what?
symbolic speech
Blacks were finally able to advance their interests during the 1960s by shifting the struggle from what to what?
congress to the courts
Blacks were finally able to advance their interests during the 1960s by doing what?
dramatizing their plights. Sit in's, march in's.
Burning a flag is protected by the First Amendment whereas burning a draft card is not. The difference between these two acts is what?
overiding governmental interest
Civil liberties become a major issue for what three reasons?
rights in conflict, enterpeuneral politics, cultural conflicts
Civil liberties conflicts between the Fraternal Order of Police and the American Civil Liberties Union (ACLU) are most likely to be examples of what kind of politics?
interest group politics
17. Forbidding the use of federal funds to pay for abortions is the intent of what law?
Hyde admendment
How has the Supreme Court reacted to wartime curtailments of civil liberties?
allowed during period of crisis
19. In general, you may make false and defamatory statements about public officials as long as you lack what?
Incident to the valid arrest of a person inside a building, police may legitimately search what?
the person, things in plain sight, things in immediate control.
Is taxing different groups at different rates deemed to be "reasonable?"
22. Police use of a defective search warrant that they believed to be valid would not result in the application of the exclusionary rule under a doctrine known as what?
good faith
Since 1992, a member of clergy's offering a prayer or an invocation at a public school graduation ceremony is what?
The argument that tainted evidence (that is, evidence that is tainted by the fact that it was obtained without compliance with the 4th or 5th Amendments) cannot be used in court if citizens' rights are to be maintained leads to what is called what?
exclusionary rule
25. The Bill of Rights was added to the U.S. Constitution at the insistence of whom?
the states
26. The Court arguably protected freedom of religion at the risk of establishing it when they decided what?
the amish
27. The crucial phrase of the constitutional amendment that allowed federal judges to supervise criminal procedures in the states was what?
due process of law
28. The English jurist William Blackstone believed that freedom of the press should be characterized by what?
no prior restraint
29. The First Amendment states that Congress shall make no law prohibiting the "free exercise" of religion. It may, however, do what?
it may require everyone to get shots
30. The historical source for the phrase "wall of separation" between church and the state is what?
Thomas Jeffereson
31. The possibility that the Bill of Rights might restrict some state actions came about with the adoption of what?
14th admendement
32. The Supreme Court denied the Hazelwood High School student newspaper the right to print certain stories, using what argument?
principles can act reasonabley for educational mission of school
33. The Supreme Court first suggested that basic liberties might be applied to the states in what case?
Gitlow vs. New York
34. The Supreme Court's ruling in Roe v. Wade gave women the unrestricted right to abortions in what trimester(s)?
35. The two clauses of the First Amendment that deal with religion are what?
free exercise and establishment
36. The two freedoms covered in the First Amendment are what?
free speech and religion
37. The use of dogs to sniff high school lockers for drugs has been determined by the Supreme Court to be constitutional under what conditions?
any conditions
38. What acts of symbolic speech are protected by the First Amendment?
political speech
39. What are the six guarantees of the First Amendment?
speech, press, assembly and petition
40. What did the Supreme Court hold in the case of Texas v. Johnson?
burn American Flag
41. What did the Supreme Court rule that schools could and could not do in the Bakke decision?
cannot use racial quotas
42. What did the Supremes decide in "the New Jersey school bus case?"
its ok to pay peroquial school students if busing public school students
43. What did the Supremes decide in Mapp v. Ohio?
exclusionary rule
44. What does someone have to prove in order to win a lawsuit for defamation of character?
damages, reckless disregard for truth
45. What is meant by the doctrine of "preferred position?"
notion that in case of conflict, first admendment wins
46. What is the purpose of the exclusionary rule?
to deture police misconduct
47. What was the test for obscenity in the 1973 Miller v. California decision?
to obscene material has to be sexual, lacking value.
When someone arouses large numbers of ordinarily indifferent people to demand restrictions on the freedom of minorities, this is an example of what kind of politics?
When U.S. Nazis sought to parade in Skokie, Illinois, where many Jews lived, the courts ruled what?
Which Amendment to the U.S. Constitution appeared to guarantee equal rights for blacks?
Who said "There is no right to yell 'fire' in a crowded theater?"
Written (actually, "published" is the accurate definition) defamation of character is known as what?
busing for racial integration of schools.
color-blind administration of the laws.
comparable-worth pay scales.
eliminating job barriers.
freedom-of-choice school districts.
preferential treatment for blacks.