Chapter 4: Civil Liberties (inquizitive)

Recent state actions have generally expanded access to firearms.

False

The Constitution explicitly states a right to privacy.

False

In an attempt to pay back their student loans just a bit faster, Mary and Bob commit identity theft and impersonate others so as to use their credit cards. The government prosecutes them but loses due to lack of evidence. After more evidence surfaces, the government attempts to prosecute Mary and Bob again. In doing so, it may be violating which amendment?

Fifth

Which clause in the Fourteenth Amendment applied the Bill of Rights to the states?

- Due process clause

Which case formally established the right to privacy?

- Griswold v. Connecticut

The _______ determines whether the government is allowed to restrict material that it believes to be _____.

- Miller test - obscene

What is the primary function of the Eighth Amendment?

- to protect citizens from cruel and unusual punishment

Which amendment has been used to protect both civil liberties and civil rights?

14

Basic political freedoms that protect citizens from governmental abuses of power are known as which of the following?

Civil liberties

Label each description with whether it describes civil liberties or civil rights.

Civil liberties - restricts what the government can do to you - basic freedom Civil rights - rooted in the "equal protection" clause of the Fourteenth Amendment - protects you from discrimination

Fighting words are protected under freedom of speech.

False

Members of the government are not allowed to pray as part of official government business?

False

Place each example of speech into the correct category.

Protected Speech - A person protests outside a politician's funeral. - A protestor burns the Texas state flag. - Inflammatory protestors picket at a military funeral. Unprotected Speech - A company advertises that their supplement can cure rare diseases.

You have been accused of a crime but cannot afford an attorney on your own. Nevertheless, you are provided an attorney by the city. What amendment was foundational in giving you this right?

Sixth Amendment

Which of the following best summarizes the Supreme Court's position on prayer in schools?

The Court has generally sided against prayer in public schools, with some exceptions.

Match each Civil War amendment with what that amendment accomplished.

Thirteenth Amendment (13th Amendment) - outlawed slavery Fourteenth Amendment (14th Amendment) - gave due process and equal protection rights to citizens Fifteenth Amendment (15th Amendment) - gave male former slaves the right to vote

Selective incorporation was an uneven process that progressed in fits and starts.

True

Roe v. Wade was one of the most controversial court cases of the 1900s. It dealt with access to

abortion

Why was a Bill of Rights added to the Constitution?

because Antifederalists demanded it for ratification of the Constitution

The ____ branch is responsible for determining whether a government action violates civil liberties.

judicial

magine 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, and so they sue you to prevent you from publishing it. What is the government engaging in?

prior restraint

What is one of the key trade-offs in civil liberty cases?

public good versus individual freedom

The Supreme Court has said that the government should avoid any "excessive entanglement" with which First Amendment freedom?

religion

Which constitutional civil liberty was Roe v. Wade based on?

right to privacy

Which of the following is most likely to be a violation of the free exercise clause?

- forcing gov employees to work on Friday night or Saturday if those are their days of worship

Order these types of speech from most protected to least protected.

- freedom of the press - symbolic speech - commercial speech - fighting words

Complete the following statement about the Religious Freedom Restoration Act (RFRA). The RFRA represents the struggle between the judicial and ______ branches over civil liberties, ______ the requirement of demonstrating a "compelling state interest" before limiting religious freedoms.

- legislative - creating

The Bill of Rights initially applied to the _____ government(s), whereas today the Bill of Rights applies to the ______ government(s).

- national - national and state

The Court has traditionally _______ state aid for religious activities. In recent years, the Court has been _____ accommodationist toward allowing religious activity in public institutions.

- prohibited - more

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

- searches and seizures - inadmissible

Which amendment to the Constitution allows the Supreme Court to selectively incorporate the other amendments so that they also apply to state governments?

14

Identify the correct and incorrect statements about the Brady Bill.

Correct Ans - It established waiting periods to purchase handguns. - It strengthened gun control laws. Incorrect Ans - It was passed in 2012. - It was passed in reaction to a school shooting.

Over the past 50 years, _______ has established restrictions on money in political campaigns, but the ______ has reversed many of them. This is largely because political donations are considered a form of ______ speech.

- Congress - Supreme Court - protected

Although gay rights are often seen as a civil rights issue, how can they be considered a civil liberties issue as well?

- Court rulings have established broad privacy rights for sexual behavior

Use this map to place the following abortion waiting periods in order from most to least common.

- 24+ hour waiting period - no mandatory waiting period - waiting period law blocked - less than 24 hour waiting period

Which of the following best describes the pattern of court cases dealing with the right to bear arms over the course of our nation's history?

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

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

- 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

If someone printed a leaflet urging Americans to resist the military draft, this would violate which free speech test(s)?

- The clear and present danger test

Basic political freedoms that protect citizens from governmental abuses of power are called _____ , while things the government must do to ensure that citizens are protected from discrimination are called _____.

- civil liberties - civil rights

Which document is the legal foundation for the civil liberties of American citizens?

- the Bill of Rights

Privacy rights have been limited to apply only to reproductive rights.

False

In which ways is the Second Amendment different from the First Amendment? How are they similar?

First Amendment (1st Amendment) - allows for the freedom of press - allows for the freedom of speech Second Amendment (2nd Amendment) - allows for the right to bear arms Both - within the Bill of Rights - reserves powers to the public - protects individual freedom - limits the government's power

Freedom of religion is one of several civil liberties protected in the first ten amendments to the Constitution, known as the _______. The _____ Amendment specifically addresses religious freedom and freedom of speech.

- Bill of Rights - First

Each of the following amendments deals with the due process of law. Match the amendment to its function in protecting due process rights.

Fourth Amendment (4th Amendment) - protects against unreasonable searches and seizures Fifth Amendment (5th Amendment) - protects citizens from being tried twice for the same alleged crime Sixth Amendment (6th Amendment) - protects citizens by giving the right to receive counsel for defense of a crime Eighth Amendment (8th Amendment) - protects citizens from being tortured or excessively threatened

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

True

Watch the animation below, and then match the terms with whether they are more applicable to freedom of expression or to freedom of religion.

freedom of religion - establishment clause - free exercise clause freedom of expression - fighting words - right to petition

Which of the following amendments has the Supreme Court argued have elements of the right to privacy?

Correct Ans: - First - Third - Fourth - Fifth - Ninth Incorrect Ans: - Second - Sixth

The _______ is one of the primary interest groups involved in lobbying around the Second Amendment. This amendment deals with ________.

- National Rifle Association - the right to bear arms

Read the following instances of commercial speech, and select those that can be regulated by the state.

Correct Ans: - A juice company falsely claims that its product can cure cancer. - A city refuses to allow advertisements in the municipal softball fields. Incorrect Ans: - A major corporation runs ads that endorse a particular political candidate. - A women's rights organization publishes a newspaper that describes various methods of birth control.

Which of the following situations are examples of libel?

Correct Ans: - A magazine that wants to boost its circulation runs an article making a knowingly false accusation about a senator running a gambling ring. - A newspaper falsely accuses a local business owner of cheating on his taxes, with the intention of damaging his career. Incorrect Ans: - A politician sues a newspaper for its accurate reporting of his extramarital affair. - John Jacobson sues a newspaper for inadvertently confusing him with criminal Jacob Johnson.

The government can forbid snake handling in fundamentalist Christian church services.

True

Which amendment specifies the right to bear arms?

2

Which of the following falls under the exclusionary rule?

Correct Ans: - Illegally or unconstitutionally acquired evidence cannot be used in a trial. - Suspect confessions given without proper reading of Miranda rights cannot be used at trial. Incorrect Ans - The government cannot pass laws that unfairly exclude certain groups from political participation. - Each party to a lawsuit is allowed to veto the inclusion of a certain number of jury members.

Which of these cases dealt with a right to privacy?

Correct Ans: - Roe v. Wade - Griswold v. Connecticut Incorrect Ans: - Gitlow v. New York - Lemon v. Kurtzman

Which of the following statements about selective incorporation are correct?

Correct Ans: - Selective incorporation has occurred in surges rather than smoothly or incrementally. - Selective incorporation involves applying Bill of Rights protections to state governments Incorrect Ans: - Selective incorporation was possible because of the precedent of Barron v. Baltimore. - Selective incorporation began shortly after the passage of the Fourteenth Amendment.

Why are the Miranda rights important?

Correct Ans: - The Miranda rights remind citizens that there are lawyers paid for by the government to act on their defense. - The Miranda rights notify citizens that they have protection from self-incrimination. - The Miranda rights remind citizens that they can use a lawyer in their defense. Incorrect Ans: - The Miranda rights remind citizens that due process of law makes evidence from illegal searches admissible in court.

What does the free exercise clause allow?

Correct Ans: - The clause allows citizens to hold any religious beliefs they choose. - The clause allows individuals to abstain from religion. Incorrect Ans: - The clause allows schools to force children to recite the Pledge of Allegiance to the American flag. - The clause allows cities to prevent individuals from constructing their own church buildings.

What component(s) must be met for speech to be regulated under the direct incitement test?

Correct Ans: - The speech is likely to produce a lawless action. Incorrect Ans: - The government deems the speech dangerous. - The government deems the speech obscene. - The speech is targeted at an individual instead of at a group.

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

Correct Ans: - 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. Incorrect Ans: - The year is 1886, and you were arrested by the state government.

Which confessions would be legally admissible today?

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

Which of the following forms of speech would be subject to the intermediate scrutiny standard?

Correct Ans: - a law banning advertisements on public utility poles - a law forbidding all picketing in residential areas Incorrect Ans: - a law forbidding political campaign yard signs - a law prohibiting anti-abortion protesters in a city park

Which terms are associated with the freedom of religion?

Correct Ans: - establishment clause - Lemon test - free exercise clause Incorrect Ans: - clear and present danger test

The ________ is primarily concerned with Congress sponsoring or favoring a specific religion, whereas the ________ pertains to Congress prohibiting or interfering with the practice of religion.

- establishment clause - free exercise clause

Freedom of expression and freedom of religion are part of which amendment to the Constitution?

1

Which of the following are parts of the Lemon test?

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

Which of the following are part of the First Amendment?

Correct Ans: - freedom of assembly - freedom to exercise one's own religion - freedom of petition Incorrect Ans: - freedom from testifying against oneself - freedom to bear arms

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

Correct Ans: - guarantee of habeas corpus - prohibition against ex post facto laws Incorrect Ans: - protection against unreasonable searches - right to petition the government

Which practices has the Court considered unacceptable, as they violate Fourth Amendment protections?

Correct Ans: - placing GPS trackers on cars without a warrant - searching and seizing a cell phone during an arrest Incorrect Ans: - collecting DNA from arrestees - requiring mandatory drug testing

In which of the following situations would evidence from a warrantless search likely be permissible in court?

Correct Ans: - searching school lockers for stolen property if the police have probable cause - pulling over a driver for speeding and then arresting the driver for drugs sitting in the open in the passenger seat Incorrect Ans: - searching a home for an escaped prisoner but arresting the homeowner for illegal pornography kept in a drawer - subjecting a middle school student to a strip search for drugs, based on an anonymous tip

When it comes to freedom of assembly, the government may make reasonable regulations restricting which of the following?

Correct Ans: - the manner in which groups are allowed to assemble - the place in which groups can assemble - the time at which groups are allowed to assemble Incorrect Ans: - the content of the messages groups can promote

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

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