Chapter 4: Civil Liberties


Terms in this set (...)

Civil Liberties
Limit government actions against individuals
As originally presented in the Constitution, the Bill of Rights
Limited only the power of the national government, not that of the states
The Fourteenth Amendment has been used to
apply the Bill of Rights to the state governments
The Supreme Court began applying the Bill of Rights to state governments
only in 1925, in Gitlow v. New York, a case dealing with free speech
The incorporation theory
holds the view that most of the protections of the Bill of Rights aply to state and local governments' activities through the Fourteenth Amendment
The establishment clause in the First Amendment
Has been aplied to questions of the legality of state and local government aid to religious organizations and schools. Means that neither the federal government nor state governments can set up a church. Is different than the free exercise clause. Has been used to decide the actions of government allowing or prohibiting school prayer.
The free exercise clause
limits the national government from prohibiting people from practicing their religions and is part of the Fourteenth Amendment
All of the following were ruled by the Supreme Court in Lemon v. Kurtzman except that
the states could not purchase computers for parochial schools
The term "separation of church and state"
was developed by Thomas Jefferson and refers to the establishment clause
A concern with school vouchers is that they may be used at religious schools and, therefore, violate
the establishment clause
In Engel v. Vitale (1962), the Supreme Court threw out the Regents' Prayer used in New York public schools because
it is no part of the business of government to compose official prayers
The teacheing of evolution in public schools
Is constitutional, cannot be prohibited because that would be promoting a particular relgious viewpoint, was outlawed in the past, and is still a controversial issue today
All of the following are true about religious displays on public property except that
displays such as lights, Santa Claus, and reindeer have been allowed
The free exercise clause allows
one to believe whatever he/she may want
Prior restraint is defined as
restraining an activity before that activity has actually ocurred
The New York Times v. United States case
affirmed the no prior restrain doctrine
Symbolic speech is
the nonverbal expression of beliefs
All of the following are true of flag burning except
a constitutional amendment has been passed outlawing flag burning
According to the clear and present danger test, expression could be restricted if
evidence exists that such expression would cause a condition that would endanger the public
is based on community standards
The bad-tendency rule meant that
speech may be curtailed if there is a possibility that such expression might lead to some evil
In 1969, the Supreme Court in Brandenburg v. Ohio significantly broadened the protections afforded political speech by
protecting the advocacy of force so long as the advocacy was not directed at inciting imminent unlawful actions
To be considered obscene, a work
must lack serious redeeming literary, artistic, political, or scientifiv merit
In osborne v. Ohio, the Supreme Court ruled that states can outlas the possession of child pornography in the home
because owning the material perpetuates the commercial demand to exploit children
The Communications Decency Act of 1996 and the Children's Online Protection act of 1998
have been blocked on constitutional grounds
Slander is
a false statement that harms the good reputation of another
In the area of freedom of speech,
high schools can impose restrictions that are not allowed in colleges, high school officials may censor school publications, some universities have prohibited "hate speech," and campus speech restrictions have usually been ruled unconstitutional
Libel is
defamation in writing
For a public official to obtain a damage award under libel laws, he or she must prove
actual malice
Gag orders have been used to
restrict the publication of pre-trial news
The Supreme Court has allowed municipalities to require permits for parades, sound trucks, and demonstrations
so that public officials may control traffic or prevent demonstrations from turning into riots
All of the following are true of the decision in Roe v. Wade except that
it settled the questions about abortion
In 1965, in Griswold v. Conneticut, a case involving the legality of contraceptives, the Supreme Court
held that the law violated the right to privacy
The Court has based the right to privacy on
the First Amendment, the Third and Fourth Amendments, the Fifth Amendment, and the Ninth Amendment
According to the Supreme Court ruling in Roe v. Wade, which of the following restrictions may the state place on abortions?
During the third trimester, the state may regulate or outlaw abortions except when necessary to preserve the life or health of the mother
In 1989, in Webster v. Reproductive health Services and Planeed Parenthood v. casey, the Supreme Court ruled that the state may
require public employeesto assist in abortions and requiretax-payer money to provide abortions
The 1994 Freedom of Access to Clinic Entrances Act
prohibits protestors from blocking entrances to abortion clinics
All of the following statements about "partial birth abortion" are true except that
individual states have not tried to ban the practice
Following Cruzan v. Director, Missouri Department of Health,
living wills became common
Some criticisism of the Patriot Act's strengthening of governmental investigatory powers reflects
the fear that the increase powers may be used to silence government critics
With regard to physician-assisted suicide, the Supreme Court has said that
the liberty interest does not include a right to commit suicide
The Patriot Act that strengthned the government's investigatory powers
has caused some concern that Fourth Amendment restriction on search and seizures may be violated
A defendant's pretrial rights include all of the following except
no cruel or unusual punishment
the writ of habeus corpus is
the right to be brought before a court and have the reasons for detention explained
In Gideon v. Wain wright the Supreme Court ruled
that if one cannot afford an attorney the government must provide one
An individual's trial rights include all of the following except
the right to not be subject to lengthy questioning
The Miranda rule
requires that suspects be read their rights before questioning
The exclusionary rule is a policy
forbidding the admission of illegaly seized evidence at trial
All of the following are true of the death penalty except that
in 2002, the Court ruled that persons under the age of nineteen cannot be put to death
Cruel and unusual punishment is prohibited by
the Eigth Amendment
Which Iowa Senatory recently announced that he will not seek another term?
Chuck Grassley
the United States Secretary of state is
John Kerry
The Senate Majority leader is
Harry Reid
The Senate Minority Leader is
Mitch McConnell