Ch 4: Civil Liberties connect
physical evidence
Developed in the case of Nix v Williams (1984), the "inevitable discovery exception" states that exclusion of ___________ _______________ that would have been found anyway has no effect on the fairness of a trial and therefore allows admission of tainted evidence in certain cases
tainted evidence
Developed in the case of Nix v Williams (1984), the "inevitable discovery exception" states that exclusion of physical evidence that would have been found anyway has no effect on the fairness of a trial and therefore allows admission of __________ ______________ in certain cases
inevitable discovery exception
Developed in the case of Nix v Williams (1984), this states that exclusion of physical evidence that would have been found anyway has no effect on the fairness of a trial and therefore allows admission of tainted evidence in certain cases
busy, rush
Individuals cannot hold an assembly at a ________ intersection during _______ hour
did not
Initially, the Bill of Rights (did/did not) apply to state governments
actual malice
New York Times Co. v. Sullivan held that there must be proof of what in order to find libel against a public figure?
fairly, all
Regulations of public assemblies must be applied __________ to ______ groups
freedom of assembly
The Supreme Court case of DeJonge v Oregon incorporated this freedom into the states
imminent lawless
The ____________ _____________ test has two criteria for speech advocating the unlawful use of force, says that speech must be likely to produce lawless action, and says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action
4th, 5th, 6th, 8th
These Amendments contribute to ensuring criminal due process
False (Police must have probable cause to obtain a warrant; suspicion is insufficient)
True or False: According to the Supreme Court, police can search a person's home merely on the basis of a hunch that the owner might be breaking the law
True (The right to privacy is an emergent and evolving concept that was not explicitly enumerated in the Constitution)
True or False: Although it is a core principle for most Americans, the right to privacy is NOT explicitly mentioned in the Constitution
Gitlow v New York (1925)
established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment
slander
A false verbal statement about other people is known as ...
libel
A false written statement about other people that harms their reputation is known as ...
obscene, sexual
Freedom of expression does not cover ___________ forms of ___________ expression
exhaustive, home
In its rulings in Riley v California (2014) and United States v Wurie (2014), the Supreme Court compared the search of a suspect's cell phone or similar electronic device to an ______________ search of a suspect's _________
tax, vouchers
In the 2002 case of Zelman v Simmons-Harris, the Supreme Court ruled that _____- supported school _____________ used to send children to private and religious schools were not a violation of the establishment clause
sodomy
Texas's ___________ laws were challenged by Lawrence v Texas in 2003
forced relocation
The Supreme Court upheld the _________ ______________ of tens of thousands of Japanese Americans during World war II in the case of Korematsu v United States
interfering
The free-exercise clause prohibits the government from _____________ with individuals' practice of their religion
Griswold
_____________ v Connecticut was a case dealing with the right to privacy
favoring, supporting
The establishment clause of the Constitution restricts government from _________ on religion over another, and from ____________ religion over no religion
prosecution's evidence
A right of the accused that is protected by the Fifth Amendment includes the right to have a grand jury weigh the ...
exclusionary rule
A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
clear and present danger
According to this test, before speech can be restricted, the government must clearly demonstrate that a citizen's expression presents a very obvious and real danger to the public safety
clear and present danger test
According to this test, before speech can be restricted, the government must clearly demonstrate that a citizen's expression presents a very obvious and real danger to the public safety
good faith exception
Admission of illegally obtained evidence if illegality results from a technical or minor error
greater surveillance
After the September 11 terrorist attacks, the USA Patriot Act gave government ___________ __________________ power to monitor phone calls and emails without warrant or court order
privacy
Although it is a core principle for most Americans, the right to __________ is NOT explicitly mentioned in the Constitution
largest in the world
As a result of changes in sentencing policies, the U.S. prison population (specifically when compared to Cuba and Russia) is the ... per capita
content
Concerning symbolic speech, the Supreme Court has generally held that government regulation of the ____________ of a message is unconstitutional
military rule
Congress placed the former Confederate states under ___________ _______ when they refused to ratify the Fourteenth Amendment
Nix
Developed in the case of _______ v Williams (1984), the "inevitable discovery exception" states that exclusion of physical evidence that would have been found anyway has no effect on the fairness of a trial and therefore allows admission of tainted evidence in certain cases
Act of Toleration
England's _____ (of) _____________ gave members of Protestant sects the right to worship freely and publicly; the first Amendment reflects this tradition
probable cause
Establishing ____________ _________ for believing a crime has been committed is likely to convince a judge that police should be issued a search warrant
search warrant
Establishing probable clause for believing a crime has been committed is likely to convince a judge that police should be issued a ...
danger, lawless, false
Free speech is usually protected in the United States unless it presents a clear and present ___________, leads to imminent and _____________ action, or involves ________ commercial advertising claims
expression
Freedom of ____________ is the right of individual Americans to hold and communicate thoughts of their own choosing
communicate thoughts
Freedom of expression allows individual Americans to _______________ ___________ of their choosing
commercial speech
Freedom of expression does not cover some forms of _______________ ___________ such as advertising
hate crimes
In 1993, a Wisconsin law that allowed lengthier sentences for ______ ________ was challenged as a violation of the First Amendment
Second Amendment
In 2008, in the case of District of Columbia v Heller, the Supreme Court finally addressed the issue of how the _____________ ________________ should be interpreted.
terrorism
In 2010 CNN survey, 2 in 5 Americans stated that individuals arrested by police on suspicion of ____________ should not be read their Miranda rights
Miranda rights
In 2010 CNN survey, 2 in 5 Americans stated that individuals arrested by police on suspicion of terrorism should not be read their ...
imminent lawless action test
In Brandenburg v Ohio the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?
political opinions
In Brandenburg v Ohio, the Supreme Court developed the imminent lawless action test which expanded protections for Americans to voice ...
reciting of prayers
In Engle v Vitale (1962), the Supreme Court ruled against the _____________ (of) ____________ in public schools on grounds that it violates the establishment clause
establishment
In Engle v Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the ________________ clause
unconstitutional
In Hamden v Rumsfeld, the Supreme Court ruled that the use of secret military tribunals to try detainees accused of terrorism was _________________, as detainees were entitled to a trial affording all the guarantees contained in the Constitution
uniform code, geneva
In Hamden v Rumsfield (2006), the Supreme Court ruled that enemy combatant detainees were protected both by the U.S. _____________ ________ of Military Justice and the ____________ Convention
ban, consenting
In Lawrence v Texas (2003), the Supreme Court ruled that states cannot lawfully _____ sexual relations between _____________ same-sex adults
search and seizure
In Mapp v Ohio, the Supreme Court extended the constitutional protection against unreasonable _________ (and) ____________ to action by state government
undue burden
In Planned Parenthood v Casey, the Supreme Court ruled that restrictions on abortion were legal so long as they didn't place an ___________ ___________ on a woman's right to obtain an abortion
faulty warrant
In United States v Leon, the Supreme Court ruled that, despite the exclusionary rule, that evidence discovered under a _______ __________ was admissible because police has acted in good faith
good faith
In United States v Leon, the Supreme Court ruled that, despite the exclusionary rule, that evidence discovered under a faulty warrant was admissible because police had acted in ...
symbolic speech
In a case involving protester Gregory Johnson, the Supreme Court ruled that burning the American flag was protected specifically as ...
unnecessarily cruel
In following the Eighth Amendment, in order for the Supreme Court to determine if an action constitutes cruel and unusual punishment, it must determine if a punishment is "_____________ _________"
fundamental standards
In following the Eighth Amendment, in order for the Supreme Court to determine if an action constitutes cruel and unusual punishment, it must determine if a punishment violates "_______________ _____________ of good conscience and fairness"
neutrality
The establishment clause requires government _____________ toward religious institutions
disproportionate
In following the Eighth Amendment, in order for the Supreme Court to determine if an action constitutes cruel and unusual punishment, it must determine whether a punishment is "_____________ to the offence"
combat crime
In its rulings in Riley v California (2014) and United States v Wurie (2014), the Supreme Court acknowledged that it would impact law enforcement's ability to ...
cell phone
In its rulings in Riley v California (2014) and United States v Wurie (2014), the Supreme Court compared the search of a suspect's ______ _________ or similar device to an exhaustive search of a suspect's home
funerals of soldiers
In the 2011 case of Snyder v Phelps ruled that the First Amendment's protection of speech extended even to hate speech during the __________ (of) ___________ killed in action
newly freed slaves
In the aftermath of the Civil War, Congress saw fit to pass three constitutional amendments to ensure that the rights of __________ ___________ ____________ would be protected even at the state level
tentative union
In the aftermath of the Civil War, wholly applying the protections found in the Bill of Rights would have threatened the ...
Civil War
In the aftermath of the ___________ _______, Congress saw fit to pass three constitutional amendments to ensure that the rights of newly freed slaves would be protected even at the state level
service in a militia
In the case of District of Columbia v Heller, the Supreme Court ruled that the Second Amendment protects an individual's right to possess a firearm unconnected to __________ (in a) _________
times of peace
In the case of Korematsu v United States, the courts allowed government policies during wartime that would not be allowed in ...
compelling argument
In the case of New York Times Co v United States it was ruled that prior restraint is unconstitutional without a ______________ ______________ for the restriction
fourteenth amendment
In the process of selective incorporation, which is the amendment that the Supreme Court relies on to apply most, but not all, of the provisions of the Bill of Rights to actions by the state governments?
2008
In what year, in the case of District of Columbia v Heller, did the Supreme Court finally address the issue of how the Second Amendment should be interpreted?
establishment clause
Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."
time and place
Public officials can regulate the ________ (and) ________ of assemblies
2010
Recent incorporation includes McDonald v Chicago in (what year) where the Supreme Court ruled that the due process clause of the 14th Amendment did extend the right to keep and bear arms for self-defense found in the 2nd Amendment
gradual process
Selective Incorporation is the ____________ ___________ by which the protections of individual liberty found in the Bill of Rights have been applied to the actions of states in addition to the federal government
tough on crime
Sentencing polices became an issue when political candidates who are "_______ ____ ________" (popular with some voters) led state legislatures in the 90s to enact stiffer penalties for crime while also limiting the ability of judges to reduce sentences for nonviolent crimes committed by first-time offenders
penalties, limiting
Sentencing policies became an issue when political candidates who are "tough on crime" (popular with some voters) led state legislatures in the 90s to enact stiffer _____________ for crime while also ___________ the ability of judges to reduce sentences for nonviolent crimes committed by first-time offenders
nonviolent, first time
Sentencing policies became an issue when political candidates who are "tough on crime" (popular with some voters) led state legislatures in the 90s to enact stiffer penalties for crime while also limiting the ability of judges to reduce sentences for ________________ crimes committed by ________-_______ offenders
plain view, good faith, inevitable discovery
Some critics argue that these three exceptions have weakened the exclusionary rule almost to the point that it applies only to extreme forms of police misconduct
geographically proximate
States were reasoned to have their own protections of rights and should not fear because they were more ... to citizens
redefined and extended
The 14th Amendment _______________ (and) _____________ protections of rights and liberties
detention camps
The 1944 Korematsu v United States ruling upheld the use of _____________ _________ for Japanese Americans during World War II
Nazi Party
The 1977 Supreme Court case that provided guidance on the allowable restrictions on freedom of speech and freedom of assembly upheld the right of an American ________ _________ group to hold a parade in Skokie, a city with a large Jewish population that included Holocaust Survivors
not incorporated
The 3rd, 5th (grand jury), 7th, and 8th (excessive fines and bails) Amendments are....
criminal due process
The 4th, 5th, 6th, and 8th Amendments contribute to ensuring ...
fundamental protections
The Bill of Rights includes ... of speech, religion, press, and gun ownership
speech, religion, press, gun
The Bill of Rights includes fundamental protections of __________, __________, _________, and ______ ownership
federal only
The Bill of Rights initially applied to which level or levels of government?
first ten amendments
The Bill of Rights is located in the ________ _____ ______________ in the U.S. Constitution
protections
The Bill of Rights represent ________________ from federal government actions
federal government actions
The Bill of Rights represent protections from _______________ _________________ __________ and includes fundamental protections of speech, religion, press, and gun ownership
constitutional rights
The Court acknowledged that the ruling in Riley v California would make the work of police more difficult, but said that the protection of Americans' ______________ ________ took priority
not protected
The Court upheld the Wisconsin law because the violation was aimed at free speech but at actions that were _____ __________ by the First Amendment
cruel and unusual
The Eighth Amendment protects against _______ (and) ___________ punishment
state crimes
The Fifth Amendment does NOT apply to ...
testifying against
The Fifth Amendment to the United States Constitution protects individuals from ___________ ________ themselves in a court of law
free exercise
The First Amendment clause barring the government from passing any laws that prohibit an individual's practice of his or her religion is known as the _______-___________ clause
illegally obtained
The exclusionary rule restricts the ability of courts to admit ___________ __________ evidence during a trial
authorized, president George W Bush
The National Security Agency's wiretapping of phone calls and e-mail messages originating in the United States, first revealed by The New York Times in 2005, was controversial because the wiretapping had been ______________ by ... without approval from the courts
nearly every call
The National Security Agency's wiretapping of phone calls and e-mails messages originating in the United States, first revealed by The New York Times in 2005, was controversial because the NSA had collected date on .... made by Americans
keep and bear arms
The Second Amendment of the U.S. Constitution protects the right of people to _______ (and) _______ ______.
freedom of speech
The Supreme Court case of Fiske v Kansas incorporated this freedom into the states
freedom of religion
The Supreme Court case of Hamilton v Regents, U of C, incorporated this freedom into the states
freedom of press
The Supreme Court case of Near v Minnesota incorporated this freedom into the states
Roe v Wade
The Supreme Court decision that determined that the right to privacy extended to include abortion is...
consensual, same sex
The Supreme Court determined that privacy rights extend to ______________ activity between ______-_____ partners in Lawrence v Texas
one appeal
The Supreme Court has generally held that those convicted in state courts and who appeal on the grounds that their federal constitutional rights were violated are limited to ...
inmates
The Supreme Court has ruled that, except in unusual cases, it is fair to ask ____________ to first pursue their options in state courts and then to limit themselves to a single federal appeal
state, federal
The Supreme Court has ruled that, except in unusual cases, it is fair to ask inmates to first pursue their options in _________ courts and then to limit themselves to a single ___________ appeal
single federal appeal
The Supreme Court has ruled that, except in unusual cases, it is fair to ask inmates to first pursue their options in state courts and then to limit themselves to a ...
New York Times
The Supreme Court rule that established proof for "actual malice" was the _____ _______ _______, Co v Sullivan
drugs and weapons
The Supreme Court ruled that school administrators have discretion in searching student lockers for __________ (and) _____________, as they are responsible for student safety
student safety
The Supreme Court ruled that school administrators have discretion in searching student lockers for drugs and weapons, as they are responsible for ...
abortion
The Supreme court decision of Roe v Wade determined that the right to privacy extended to include ___________
combat terrorism
The USA Patriot Act was passed to ...
Bill of Rights
The _______ (of) ___________ is located in the first ten amendments in the U.S. Constitution
first wave
The ________ _________ of Incorporation spanned from 1925 to 1940 and focused on first amendment protections
Sedition Act
The ___________ ______ of 1798 made it a crime to publish stories that were harshly critical of the president
second wave
The ____________ ________ of incorporation peaked during the 1960s under Chief Justice Earl Warren and focused on criminal due process protections
establishment, helping
The _________________ clause of the First Amendment bans the state from ___________ religious institutions
prior
The attempt to block the publication of material considered to be harmful is known as _________ restraint
imposing
The barrier to restrict speech established in Bradenburg v Ohio is best described as ...
cell phone calls
The case of Carpenter v United States (2018) dealt with the issue of the warrantless search of a cell phone in order to identify the locations at which ... were placed
obtained legally
The case of New York Times Co v United States was ruled in the Time's favor, and the documents had been ...
cell phones
The case of Riley v California (2014) and United States v Wurie (2014) both dealt with the use of what technology?
Miranda
The case of ____________ v Arizona established that law enforcement officers must advise detainees of their rights, including the right to remain silent and the right to an attorney, before beginning questioning in a criminal investigation
Schenck
The clear-and-present danger test was developed in ___________ v United States
Schenck v United States
The clear-and-present-danger test was developed in this Supreme Court decision
attorney, silent, trial
The constitutional protections at issue in the Supreme Court decision in Miranda v Arizona included the right to an ____________, the right to remain _________, and the right to a speedy _______
Second
The constitutional right to bear arms is found in the ___________ Amendment
Lemon
The current standard used to determine whether the establishment clause has been violated is known as the __________ test
selective incorporation
The gradual application of the Bill of Rights at the state level is called ...
two criteria
The imminent lawless action test has _____ ____________ for speech advocating the unlawful use of force
inciting or producing
The imminent lawless action test says that for speech to be restricted, it must be directed at ____________ (or) ________________ imminent lawless action
lawless action
The imminent lawless action test says that speech must be likely to produce ...
listing individual rights
The importance of ____________ __________________ ___________ in the Constitution is that it gives individuals who feel that their rights have been violated a basis for taking the alleged violation into a court of law for a ruling by a judge
court of law
The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated a basis for taking the alleged violation into a ________ (of) _____ for a ruling by a judge
due process of law
The language of the 14th Amendment directly applied the same "______ _____________ (of) ________" required at the national level to the actions of States as well
Patriot Act
The law passed by Congress, soon after the 9/11 attacks, that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the USA _____________ ______
due process
The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as ____ ____________ protections
due process protections
The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as....
immediately visible
The plain view exception states that evidence is admissible when it is _____________ __________ in the course of stopping a person for another infraction
case by case
The process of applying protections granted by amendments to the Constitution to the states has been a gradual one through _________-___-________ decisions
flag burning
The protection of symbolic speech was illustrated by a Texas _______-__________ case; the state of Texas actually does this to dispose of them.
emergent and evolving
The right to privacy is an ___________ (and) ____________ concept that was not explicitly enumerated in the Constitution
13th amendment
This amendment abolished slavery
15th Amendment
This amendment secured the right to vote regardless of race, color, or previous enslavement
due process clause
This clause in the Fourteenth Amendment states that "No state shall... deprive any person of life, liberty, or property without due process of law"
second amendment
This constitutional amendment protect the right to bear arms
eighth amendment
This constitutional amendment protects against cruel and unusual punishment
fifth amendment
This constitutional amendment protects against self-incrimination and double jeopardy
fourth amendment
This constitutional amendment protects against unreasonable search and seizure
first amendment
This constitutional amendment protects the right to speech, press, assembly, and religion
sixth amendment
This constitutional amendment reserves the right to a jury trial, an attorney, and to confront witnesses
plain view exception
This rule says that evidence found in plain sight is admissible even if a suspect was stopped for another infraction
procedural due process
This term describes the set of procedures authorities must follow before a person can be lawfully punished for an offense
Lemon test
This test was established in Lemon v Kurtzman and was concerned with religion, primarily drawing on the establishment clause
lemon test
This test, developed in the Supreme Court case of Lemon v Kurtzman, was concerned with religion, primarily drawing on the establishment clause
total incorporation
This would be the act of instantaneously applying the totality of the Constitution and its protections of liberty to the actions of state governments
federal and state
Today, most of the guarantees in the Bill of Rights are protected from action by the ..... government
False (Recall that evidence must be legally obtained in order to be admissible in court)
True or False: Based on the exclusionary rule, evidence that is illegally obtained can normally be used in trial
True
True or False: The Supreme Court ruled that school administrators have discretion in searching student lockers for drugs and weapons, as they are responsible for student safety
False (This is not in the Constitution)
True or False: The right to appeal after conviction is guaranteed in the Constitution
federal crime
Under the Fifth Amendment, suspects charged with a ___________ ________ cannot be tried unless indicted by a grand jury
grand jury
Under the Fifth Amendment, suspects charged with a federal crime cannot be tried unless indicted by a ...
Fifth Amendment
Under the ________ ____________, suspects charged with a federal crime cannot be tried unless indicted by a grand jury
malice
When either knowledge of a defamatory statement's falsity or a reckless disregard for the truth is used in libel against a public figure, it is called "actual __________"
free exercise, restricting
Whereas the ______-__________ clause bans the state from _______________ the free practice of religion by individuals
Tennessee
Which former Confederate state complied with ratification of the Fourteenth Amendment?
14th Amendment
With the ratification of this amendment in 1868, the protections found in the Bill of Rights were extended to the sphere of state actions
