Chapter 4: Civil Liberties

In general, the Supreme Court has _______ bans on obscenity, except for cases involving ________.

1. Struck down 2. broadcast television

Which case formally established the right to privacy?

Griswold v. Connecticut

How does the government tend to treat the "marketplace of ideas"?

The government tends to restrict very little in the "marketplace"

What role does the grand jury serve?

The grand jury determines if satisfactory evidence is accessible to warrant a trial

The United States has passed laws that make it illegal to say anything that might challenge the government.

True

How has the government protected the right to privacy?

Various Supreme Court cases have recognized the right to privacy.

The Constitution provides a basis for a right to privacy.

true

The _____ Amendment's ________ is primarily concerned with Congress sponsoring or favoring a specific religion, whereas the ______ has to do with Congress prohibiting or interfering with the practice of religion.

1. First 2. Establishment clause 3. Free exercise clause

Watch the animation below, and then put these categories in order, from the group with the largest percentage of the U.S. population to the group with the smallest.

1. Christian Denominations 2. Non-religious 3. Other major world religions

In 2008, a landmark Supreme Court ruling recognized a(n) _______ right to bear arms for the purpose(s) of ______.

1. individual 2. self-defense

In what ways is the Second Amendment different from the First Amendment? How are they similar? Place each option in its correct location on the Venn diagram.

1st Am: Allows freedom of speech. Allows for the freedom of press. Both: Within the Bill of Rights. Protects individual freedom. Limits the government's power. Reserves powers to the public 2nd Am: Allows for the right to bear arms.

The Bill of Rights was adopted as part of the Constitution as a concession to which political faction?

Antifederalists

Why was a bill of rights added to the Constitution?

Antifederalists demanded it for ratification of the constitution

Imagine that you have been arrested for a speech criticizing the government. In which years and at which levels of government would this be an unconstitutional violation of your civil liberties?

Arrest would be unconstitutional:The year is 1986, and you were arrested by the federal government. The year is 1986, and you were arrested by the state government. The year is 1886, and you were arrested by the federal government. Arrest would be constitutional: The year is 1886, and you were arrested by the state government.

The Bill of Rights describes the civil rights afforded to all Americans.

False

The Supreme Court has generally been consistent in its protection of the right to privacy.

False

The original Constitution did not specify any protected rights until the Bill of Rights was adopted.

False

The original purpose of the Second Amendment was to provide for an individual right to bear arms.

False

Which of the following instances of commercial speech can and cannot be regulated by the government?

Gov. can regulate this speech:A juice company falsely claims that its product can cure cancer. A city refuses to allow advertisements in the municipal softball fields. Gov. can't regulate this speech:A women's rights organization publishes a newspaper that describes various methods of birth control. A major corporation runs ads that endorse a particular a political candidate.

In which case did the Supreme Court apply Second Amendment protections to the states?

MCdonald v. Chicago

Selective incorporation was established in which Supreme Court case?

Palko v. Connecticut

Match each of the following First Amendment concepts to its meaning.

Speech Plus:speech accompanied by actions such as protesting Public forum doctrine:protection of public spaces traditionally used for assembly Prior restraint:government efforts to block the publication of material

Which statement about the Supreme Court's approach to dealing with gun rights over time is accurate?

The Court did not deal with many such cases until the twenty-first century

Which of the following best describes the Supreme Court's stance on public displays of religious symbols?

The Court's rulings have been inconsistent

How does the Fourth Amendment protect citizens from the government? The Fourth Amendment protects citizens from unreasonable ___________ by making illegally obtained evidence _____________ in court.

1. Searches and seizures 2. Inadmissible

Put the items related to the evolution of privacy rights in order from oldest to most recent.

1. The Supreme Court ruled in favor of marital privacy in contraceptive use. 2.The Supreme Court expanded the right to privacy with regard to abortions 3.The Supreme Court ruled that gays have a right to privacy

The cases Holt v. Hobbs and Burwell v. Hobby Lobby Stores both addressed the __________ clause of the First Amendment, and in both circumstances, the Court ____________ protection from religious discrimination.

1.free exercise 2.bolstered

Which amendment specifies the right to bear arms?

2nd

Match each of the following amendments with its purpose.

4th Am: Protects against unreasonable searches and seizures. 5th Am: protects citizens from being tried twice for the same alleged crime (double jeopardy) 6th Am: protects citizens by giving the right to receive counsel for defense of a crime 8th Am: protects citizens from being tortured or excessively threatened

Why are fighting words an "unprotected" form of speech?

Correct:They may directly incite damaging action. They do not contribute to the marketplace of ideas. Incorrect:They violate Title IX of the Higher Education Act. They are considered obscene.

Which confessions would be legally admissible today?

Correct:a confession made after the suspect has been informed of his right to silence a confession made when the suspect and his attorney have agreed to a plea deal Incorrect:a confession made when the suspect was not allowed to use the bathroom or drink water a confession made before the suspect had been informed of his right to silence

In which of the following scenarios would evidence be subject to the exclusionary rule?

Correct:if police entered your house without a warrant or probable cause if police used drug dogs on the front porches of houses Incorrect:if police search a car for alcohol after noticing an intoxicated driver if police obtain a warrant before searching a house for weapons

Which of the following amendments have been selectively incorporated to the states using the Fourteenth Amendment?

Correct: 1st amend, 2nd amend, 8th amend Incorrect: 7th amend, 10th amend

Place the following examples of speech into the correct category.

Correct: A protestor burns the Texas state flag. Walter's Widgets Inc. runs ads supporting a political candidate. Inflammatory protestors picket at a military funeral. Incorrect:A newspaper publishes detailed U.S. military positions during wartime.

Which of the following protections are guaranteed by the Fifth Amendment?

Correct: protection from self-incrimination the right to a grand jury protection from double jeopardy Incorrect:the right to a trial by jury in civil cases the protection from unreasonable search and seizure

Why has the "stop and frisk" police tactic been a topic of controversy?

Correct: this tactic has been linked to racial profiling This tactic does not reduce crime. This tactic leaves a lot of discretion to a police officer to determine probable cause. Incorrect: This tactic has been used in many affluent areas, frustrating the upper class.

Which of the following are the three parts of the Lemon test?

Correct:Does the practice foster an excessive government entanglement with religion? Does the practice have a secular legislative purpose? Does the practice advance or inhibit religion? Incorrect:Does the practice favor or discriminate against any one religion?

Which of the following were among Alexander Hamilton's arguments concerning the Bill of Rights?

Correct:Hamilton argued that the Constitution already contained provisions that amounted to a bill of rights. Hamilton argued that a bill of rights would be irrelevant because the national government had only delegated powers. Incorrect:Hamilton argued that a bill of rights was a necessary limit on the federal government and that the Constitution should not be ratified without one. Hamilton argued that the Constitution would not be able to be ratified with a bill of rights.

Which of the following statements about background checks are accurate?

Correct:In most states, no background check is necessary to buy a firearm from an unlicensed dealer. States on the West Coast tend to have background checks for all firearms. States can determine for themselves whether or not to require a background check for the sale of a firearm by an unlicensed dealer. Incorrect:Most states in the South require background checks for handguns only.

Which of the following terms are associated with freedom of religion?

Correct:Lemon test free exercise clause astablishment clause Incorrect:"Godless Government" standard clear and present danger test

How does the "wall of separation" apply to the establishment clause?

Correct:The "wall of separation" refers to the dissociation between church and state. incorrect:The "wall of separation" protects the rights of nonbelievers. The "wall of separation" separates the establishment clause from the free exercise clause. The "wall of separation" refers to a recent law that keeps religious individuals from persecuting nonreligious individuals.

Which of the following statements about the death penalty are correct?

Correct:The Supreme Court has never banned the death penalty. Death penalty usage and sentences have decreased over time. The Supreme Court has restricted the cases in which the death penalty can be applied. Incorrect:Procedural changes in the 1970s remedied the uneven application of the death penalty.

Which practices have the courts considered unacceptable, as they violated Fourth Amendment protections?

Correct:placing GPS trackers on cars searching and seizing a cell phone during an arrest Incorrect:requiring mandatory drug testing collecting DNA from arrestees

Which of the following rights appeared in the original text of the Constitution, before the addition of the Bill of Rights?

Correct:right of habeas corpus right to trial by jury in the state where a crime was committed Incorrect: right to petition the government right to protection against unreasonable searches