Govt- chapter 4

The bill of rights protects civil liberties related to criminal procedure, including which of the following

- the right to a jury trial - protection from unreasonable searches - the right to an attorney - protection from self-incrimination

First Amendment allows Americans to

-Write or publish almost anything, with some limits -communicate thoughts of their choosing

The second amendment protects and support which of the following

-a well regulated militia -the right to keep and bear arms

What are the religious clauses in the fist amendment

-establishment clause -free exercise clause

For the government to restrain speech, the imminent lawless action test require

-that is satisfy two criteria for speech advocating the unlawful use of force -that the speech must actually be likely to produce lawless action -that the speech must be directed at inciting or producing imminent lawless action

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?

2008

According to this test, before speech can be restricted, the government must clearly demonstrate that a citizen expression presents a very obvious and real danger to the public safety

Clear-and-present test

In Engle v. Vitale (1962) the Supreme Court ruled against of prayers in public school grounds it violated the ___

Establishment clause

The bill of rights initially applied to which level or levels of government

Federal only

What constitutional amendment is of special signification for the Supreme Court when considering how to best protect individualism rights from action by state and local government

Fourteen

Which of the following statements is true regarding freedom of the press

Freedom of the press receives strong judicial protection.

Under which of the following Supreme Court cases did part of the bill of rights first become incorporated to apply to actions by the states

Gitlow v. New York

The barrier to restrict speech established in Brandenburg v. Ohio (1969) is best describes as

Imposing

How did congress react when the former confederate states (except Tennessee) refuse to ratify the fourteenth amendment

It placed the states under military rule until they agreed to do so

In 1993 in Wisconsin law that allowed lengthier sentences for hate crimes was challenged as a violation for the first amendment. How did the court rule

It upheld the law because it was not aimed at free speech but at actions that were not protected by the first Amendment

Which of the following statement about slander and libel is true

Neither slander nor libel is protected by the first amendment

In which of the following cases did the Supreme Court rule that for public figures to win a libel claim, they must prove actual malice

New York Times Co. v. Sullivan

Eighth Amendment

Protection against cruel and unusual punishment

Fourth Amendment

Protects against unreasonable search and seizure

Establishment Clause

Requires government neutrality toward religious institutions

Sixth Amendment

Right to a jury trial an attorney and to confront witnesses

Second Amendment

Right to bear arms

The Supreme Court decision that determined that the right to privacy extended to include abortion is

Roe v. Wade

In which 2011 case did the Supreme Court rule that the First Amendment's protection of speech extended even to hate speech during the funerals of soldiers killed in action?

Snyder v. Phelps

In a 2020 case what did the Supreme Court rule concerning a Montana law denying scholarship funds for children religious schools but granting them for children attending private secular schools

The court overturned the law ruling that states cannot disqualify private schools solely because they are religious

Schenck v. United States (1919) justice Holmes used which analogy in upholding the government's right to restrict speech that poses a clear and present danger

The first amendment does not permit a person to falsely yell "fire" in a crowded theater

What was the name of the 1798 law that criminalized any speech or writing critical of the government, congress, or the president

The sedition act

In mapp v. Ohio (1961) and other cases, the Supreme Court applied the doctrine of selective incorporation by

Using the 14th amendment To apply certain Provisions of the bill of right to certain states

In Lawrence v. Texas (2003) the Supreme Court ruled that states cannot lawfully

ban sexual relations between consenting same-sex adults.

Concerning symbolic speech, the Supreme Court has generally held that government regulation of the ______ of a message is unconstitutional. (This was illustrated by a Texas flag-burning case; the state of Texas actually burns old flags to dispose of them.)

content

The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as

due process protections

Today, most of the guarantees in the Bill of Rights are protected from action by which of the following?

federal and state governments

De Jonge v. Oregon

freedom of assembly

Hamilton v. Regents, U of C

freedom of religion

Fiske v. Kansas

freedom of speech

Near v. Minnesota

freedom of the press

Based on the Lemon test, state-funded programs are least likely to survive under the establishment clause if the program

has a significant effect on advancing a religion.

Civil ____ refer to individual rights, such as the freedom of speech and religion, while civil ____ refer to rights and privileges granted to citizens by government, such as equality under the law.

liberties, rights

The attempt to block the publication of material considered to be harmful is known as ______ restraint.

prior

Free Exercise Clause

prohibits government from interfering with the practice of religion

Fifth Amendment

protection against double jeopardy, self-incrimination, and punishment without due process of law.

First Amendment

religion, speech, press, assembly, petition

Griswold v. Connecticut was a case dealing with

right to privacy

Freedom of __________________ is the right of individual Americans to hold and communicate thoughts of their choosing.

speech

In mapp v. Ohio (1961) the Supreme Court extended the constitutional protection against unreasonable search and seizure to action by ____ governments

state

The Supreme Court has ruled that the right of free assembly

takes precedence over the mere possibility that the exercise of the right might have undesirable consequences

The 1977 Supreme Court case that provided guidance on the allowable restrictions on freedom of speech and freedom of assembly upheld which of the following

the right of an American Nazi Party group to hold a parade in Skokie, a city with a large Jewish population that included Holocaust survivors