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