chapter 4 civil liberties

due process

Gideon v Wainwright, Mapp v Ohio, Miranda v Arizona

expression

Gitlow v New York and Near v Minnesota

prior restraint

imagine you are the editor at a major daily newspaper. the government finds out that you are about to run a story detailing sensitive government information so it sues you to prevent you from publishing it

the courts refused to extend bill of rights protections to state laws

how did the precedent of Barron v Baltimore influence future court decisions?

the wall of separation refers to the divide between the government and the church

how does the wall of separation apply to the establishment clause?

the government must give individuals a fair trial if suspected of a crime, the government must treat individuals as innocent until proven guilty

procedural restraint

history principle

centuries after it was ratified the Bill of Rights continues to have consequences over political outcomes. Which of the five principles does this support?

true

due process rights refer to citizens rights in the legal process and protections from government

is not, increased

in general, newspaper and television ________ considered to be protected by the first amendment. In the 20th century, the court gave mixed treatment to restrictions on commercial speech and in sum __________ commercial speech's level of protection

if police entered your house without a warrant or probable cause, if police used drug dogs on the front porches of houses

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

civil liberties

mechanism that makes it more difficult for the collective to take action

Congress, the supreme court, protect

over the past 50 years _______ has established restrictions on money in political campaigns but the _____________ has reversed many of these restrictions. This is largely because political donations are considered a form of __________

the supreme court ruled in favor of marital privacy in contraceptive use, the supreme court expanded the right to privacy with regard to abortions, the supreme court ruled that gays have a right to privacy

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

right to privacy

roe v wade was based on which constitutional civil liberty?

false

selective incorporation was a process that occurred smoothly rather than in fits and starts

consistently

since 2008, the supreme court has ___________ struck down state and local firearms restrictions and applied the second amendment to states

the government cannot seize private property without compensation, the government cannot establish a national religion

substantive restraint

establishment clause, free exercise clause

the _________ is primarily concerned with congress sponsoring a favoring specific religion, whereas the ___________ has to do with congress prohibiting or interfering with the practice of religion

civil liberties are a mechanism that makes it more difficult for the collective to take action

the civil liberties enshrined in the constitution protect citizens from certain actions by the government or in other words the collective. Which statement best describes how civil liberties relate to the collective action principle

true

the clear and present danger test means that the courts allowed arrests for dangerous speeches to be sustained

false

the difference between libel and slander is that only libel requires reckless disregard of the truth

true

the federalists argued that the bill of rights was unnecessary because the national government already had checks on tyranny

searches and seizures, exclusionary rule

the fourth amendment protects citizens from unreasonable _____________ it does this by guaranteeing citizens due process of law and by applying the ___________ which makes evidence from illegal searches inadmissible

Griswold v. Connecticut

the right to privacy was established in which case?

false

the supreme court allows for bans on forms of expression that assert hatred towards a specific group such as African Americans, Jews, Muslims, or others

lacked, inconsistent, overturning

the supreme courts treatment of obscenity has ___________ a clear standard for most of its time. It has given ___________ decisions on internet pornography while _______ restrictions on cable television

broad regulations of speech, vague terminology in content regulation

what characteristics are likely to get courts to overturn restrictions on speech?

the restriction on speech is likely to be overturned

what does it mean for the court to use a standard of strict scrutiny when reviewing a restriction on speech?

the clause allows individuals to abstain from religion, the clause allows citizens to believe and practice whatever religion they choose

what does the free exercise clause allow?

speech in conjunction with a public protest

what form of speech would be considered speech plus?

to protect citizens from cruel and unusual punishment

what is the primary function of the eighth amendment?

procedural restraints address how the government is supposed to act

what makes government restraint procedural, rather than substantive?

supreme court, the states and national government

when a provision from the bill of rights is incorporated into the fourteenth amendment it means _________ has ruled that it applies to _________

false

when the supreme court incorporates an amendment from the bill of rights into the fourteenth amendment, it means all the protections from that amendment are guaranteed by the states

the fourteenth amendment

which amendment was most responsible for reversing Barron v Baltimore and imposing some bill of rights protections on the state?

fourth amendment, ninth amendment, first amendment, third amendment, fifth amendment

which elements of the constitution did the supreme court invoke to develop the right to privacy?

does the practice have a secular legislative purpose, does the practice foster an excessive government entanglement with religion, does the practice advance or inhibit religion

which of the following are part of the lemon test?

the supreme court did not deal with many second amendment cases until the 21st century

which of the following best describes the pattern of court cases dealing with the right to bear arms over the course of our nations history?

it has been strengthened by legislation and court decisions

which of the following describes what has happened in recent years to the principle of free exercise?

wearing black arm bands during school in protest, burning crosses on private property, burning the flag of the United States

which of the following forms of symbolic speech would the court deem permissible?

death penalty usage and sentences have decreased overtime, the supreme court has restricted the cases in which the death penalty can be applied

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

the freedom of speech is nearly absolute, courts are more likely to uphold neutral restrictions, courts are less likely to strike down highly specific speech restrictions

which of the following statements about the freedom of speech are accurate?

the decision replaced the clear and present danger test with new criterion, the decision overturned the precedent from previous decisions

which of the following statements about the supreme courts decision in the Brandenburg case are accurate?

if the national government had done what the city of Baltimore did, it would have been unconstitutional, the fifth amendment protects citizens from the national government, not from the state and local governments

which of the following statements regarding Chief Justice Marshall's decision on Barron v Baltimore are accurate?

the supreme court has given inconclusive rulings on governments relationship with religion

which of the following statements regarding the Supreme Courts treatment of the establishment clause is most accurate?

in the 19th century, many states could pass laws that violated due process rights without violating the constitution, barron continued to restrict national influence on state laws well into the 1960s

which of the following statements regarding the timeline of selective incorporation are accurate?

roadblocks to look for drugs in cars, searching and seizing a cell phone during an arrest, place GPS trackers on cars without a warrant

which practices have the courts considered unacceptable as they violate fourth amendment protections and which are acceptable under the fourth amendment?

right to remain silent, right to a grand jury, protection from double jeopardy, protection of private property

which protections are you afforded by the fifth amendment?

a moment of silence for meditation or voluntary prayer, prayers before a public high school football game

which religious practices has the supreme court found to violate the wall of separation?

it is far worse to convict an innocent man than to let a guilty man go free

which statement best characterizes the judicial values represented by due process rights?

the bill of rights offers specific protections for citizens from the national government, but is unclear elsewhere

which statement best characterizes the level of government that the bill of rights offers protections from?

the court allows for speech consistent with the schools educational mission, but allow for restrictions

which statement best characterizes the way that the court has considered the freedom of speech in public schools?

the miranda rights remind citizens that they can use a lawyer in their defense, the miranda rights notify citizens that they have protection from self-incrimination, the Miranda rights remind citizens that there are lawyers paid for by the government to work on their defense

why are the miranda rights important?

sixth amendment

you have been accused of a crime and cannot afford an attorney on your own. Nevertheless, you are provided an attorney by the city what amendment gives you this right?