CH 4. Civil Liberties Protecting Individuals Rights

Second Amendment

"A well regulated Militia being necessary to the security of a free state, the right of the people to keep and bear Arms shall not be infringed."

Burwell v. Hobby Lobby Stores

2014 held that "closely held" companies ( those with only a few owners) are not required to inculde contraacepptives in their employees' health insuraance coverage if the owners object on religious grounds./ 2010 Affordable Care Act requires companies that provide employees health isurance to include contraceptives./ 2020 ruling expanded the number of empoloyers and religious groups that can deny contraceptive coverage each of "religious and consietious objections."

The Bill of Rights protects a number of civil liberties, including freedom ______. Multiple select question. A .freedom of the press B. from hunger C. of assembly D. of the press

A .freedom of the press C. of assembly D. of the press

free-exercise clause-

A First Amendment provision that prohibits the government from interfering with the practice of religion.

right of privacy

A right implied by the freedoms in the Bill of Rights that grants individuals a degree of personal privacy upon which government cannot lawfully intrude. The right gives individuals a level of free choice in areas such as reproduction and intimate relations.

clear-and-present-danger test

A test devised by the Supreme Court in 1919 to define the limits of free speech in the context of national security. According to the test, government cannot abridge political expression unless it presents a clear and present danger to the nation's security.

The Supreme Court determined that privacy rights extend to consensual activity between same-sex partners in Blank______. Multiple choice question. A. Lawrence v. Texas B. Furman v. Georgia C. Roe v. Wade D. Miranda v. Arizona

A. Lawrence v. Texas

Procedural Due Process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

Which of the following Supreme Court cases was also known as the "Pentagon Papers" case? A. Multiple choice question. B. Gitlow v. New York C. Near v. Minnesota D. New York Times Co. v. Sullivan E. New York Times Co. v. United States

E. New York Times Co. v. United States

The Supreme Court decision in Schenck v. United States established which principle? Multiple choice question. A. The federal government cannot restrict free expression in any way. B. The federal government can and should restrict free expression at its discretion. C. The federal government, but not state governments, D. can restrict free expression when national security is at issue. E. he federal government can restrict free expression, but it does not have unlimited authority to do so.

E. he federal government can restrict free expression, but it does not have unlimited authority to do so.

True or false: The right to appeal after conviction is guaranteed in the Constitution. True False

False

The Courts and Free Society

Founded on the idea that individuals havve an innate right to liberty-to speak their minds. to worship freely, to be secure in their hommes and persons, and to be assured of fair trail. 2010 CNN survey found that 2 in 5 individuals arrested by police on suspicion of terrorism should not be read thir Miranda rights.

Webster v. Reproductive Health Services (1989)

prohibits abortones from being preformed in the state's publicly funded medical facilities, a policy that the Supreme Court Upheld

Engel v. Vitale (1962)

prohibits religious practices in public schools.

Law enforcement officials sometimes controversially rely on the practice of _________ _________under the assumption that certain groups of people are more likely to commit particular crimes.

racial profiling

In 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? Multiple choice question. A. The First Amendment does not permit a person to falsely yell "Fire" in a crowded theater. B.People on public land cannot post signs warning about dangerous animals that aren't really present. C. The First Amendment permits people to yell "Fire" in a crowded theater only if they think they smell smoke. D. Even though rumors about emergencies can be dangerous, people must be allowed to spread them in case they are true.

A. The First Amendment does not permit a person to falsely yell "Fire" in a crowded theater.

In 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? Multiple choice question. A. The First Amendment does not permit a person to falsely yell "Fire" in a crowded theater. B. People on public land cannot post signs warning about dangerous animals that aren't really present. C. The First Amendment permits people to yell "Fire" in a crowded theater only if they think they smell smoke. D. Even though rumors about emergencies can be dangerous, people must be allowed to spread them in case they are true.

A. The First Amendment does not permit a person to falsely yell "Fire" in a crowded theater.

What unique circumstance existed at the time of the Korematsu v. United States decision? Multiple choice question. A. The nation was at war. B. The Supreme Court was ideologically split. C. It was the "tough on crime" 1990s. D. It was the height of the Civil Rights movement.

A. The nation was at war.

The Second Amendment protects and supports which of the following? Multiple select question. A. a well-regulated militia B. the right to keep and bear arms C. protection against unreasonable search and seizure D. freedom of association

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

Which of the following is likely to convince a judge that police should be issued a search warrant? Multiple choice question. A. establishing probable cause for believing a crime has been committed B. noting the suspect's reputation for being a lawbreaker C. describing the ethnicity and religion of the suspect D. indicating the neighborhood the suspect lives in

A. establishing probable cause for believing a crime has been committed

The First Amendment protection that makes it illegal for the government to enact laws that restrict the free practice of religion by any individual is known as the Blank______. Multiple choice question. A. free-exercise clause B. commerce clause C. prayer and practice clause D. etablishment clause

A. free-exercise clause

The Sedition Act of 1798 attempted to: Multiple choice question. A. make it a crime to publish stories that are harshly critical of the president. B. protect free speech, even if it promotes revolution or anarchy. C. limit Congress's ability to restrict free speech and freedom of the press. D. protect the rights of journalists to openly criticize public officials.

A. make it a crime to publish stories that are harshly critical of the president.

The Bill of Rights protects a number of civil liberties, including freedom ______. select all that apply. A. of the press B. of speech C. from hunger D. of assembly

A. of the press B. of speech D. of assembly

Identify the rights the federal government must protect according to the Bill of Rights. Check all that apply A. protection from self-incrimination the right to a jury trial B. the right to use arms under all circumstances C. the right to an attorney D. protection from unreasonable searches E. protection from arrest

A. protection from self-incrimination the right to a jury trial B. the right to use arms under all circumstances C. the right to an attorney D. protection from unreasonable searches

According to the establishment clause, the government is required to Blank______. Multiple choice question. A. remain neutral toward all religions. B. favor nonreligious groups over religious groups C. favor religious groups over nonreligious groups D.establish an official religion in the United States

A. remain neutral toward all religions.

What are the religious clauses in the First Amendment? (Choose every correct answer.) A. the establishment clause B. the necessary and proper clause C. the free-exercise clause D. the commerce clause

A. the establishment clause, C. the free-exercise clause

Which of the following constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona (1966)? select ALL question. A. the right to remain silent B. the right to an attorney C. the right to a speedy trial D. the right to appeal any unfavorable ruling

A. the right to remain silent B. the right to an attorney

Which of the following statements is true regarding freedom of the press? Multiple choice question. A.Freedom of the press receives strong judicial protection. B. The government can prohibit publication before it occurs. C. The White House Press Secretary must approve all D.media releases regarding government policies. E. Freedom of the press receives little judicial protection.

A.Freedom of the press receives strong judicial protection.

In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following? Multiple select ALL THAT APPLY. A.the Geneva Convention B. the U.S. Uniform Code of Military Justice C. the International Court of Justice D. the UN Court of Human Rights

A.the Geneva Convention B. the U.S. Uniform Code of Military Justice

symbolic speech

Action (for example, the waving or burning of a flag) for the purpose of expressing a political opinion.

freedom of expression

Americans' freedom to communicate their views, the foundation of which is the First Amendment rights of freedom of conscience, speech, press, assembly, and petition

freedom of expression

Americans' freedom to communicate their views, the foundation of which is the First Amendment rights of freedom of conscience, speech, press, assembly, and petition.

In which decade did the election of "tough on crime" candidates lead to state legislatures enacting stiffer penalties for crime while also limiting judges' abilities to reduce sentences for nonviolent crimes of first-time offenders? Multiple choice question. A.1950s B. 1990s C. 2010s D. 1960s

B. 1990s

England's Blank______ gave members of Protestant sects the right to worship freely and publicly. The First Amendment reflects this tradition. Multiple choice questions. A. Act of Settlement B. Act of Toleration C. Magna Carta D. Petition of Right

B. Act of Toleration

The free-exercise clause has been interpreted to mean that Blank______. select all that apply. A. people who don't hold religious beliefs cannot object to the religious practices of those who do. B. Americans cannot always act on their religious beliefs if they conflict with other laws C. people can break laws while practicing their religion if they are on private church property D. Americans can hold any religious belief of their choosing

B. Americans cannot always act on their religious beliefs if they conflict with other laws, D. Americans can hold any religious belief of their choosing

Which amendment to the United States Constitution protects individuals from testifying against themselves in a court of law? Multiple choice question. A. Sixth B. Fifth C. Second D. Fourth

B. Fifth

Which amendment to the United States Constitution protects citizens from unreasonable searches and seizures? Multiple choice question. A. First B. Fourth C. Fifth D. Third

B. Fourth

The Supreme Court decision in Schenck v. United States established which principle? Multiple choice question. A. The federal government cannot restrict free expression in any way. B. The federal government can restrict free expression, but it does not have unlimited authority to do so. C.The federal government can and should restrict free D. expression at its discretion. E. The federal government, but not state governments, F.can restrict free expression when national security is at issue

B. The federal government can restrict free expression, but it does not have unlimited authority to do so.

The Supreme Court decision in Schenck v. United States established which principle? Multiple choice question. A. The federal government, but not state governments, can restrict free expression when national security is at issue. B. The federal government can restrict free expression, but it does not have unlimited authority to do so. C. The federal government can and should restrict free expression at its discretion. D. The federal government cannot restrict free expression in any way.

B. The federal government can restrict free expression, but it does not have unlimited authority to do so.

What is the purpose of the Fifth and Fourteenth Amendments? Multiple choice question. A. They protect citizens from the quartering of troops in their private residences. B. They provide that no person can be deprived of life, liberty, or property without due process of law. C. They prohibit the government from establishing a state religion. D. They guarantee the right of a well-regulated militia to keep and bear arms.

B. They provide that no person can be deprived of life, liberty, or property without due process of law.

Passed by Congress soon after the 9/11 attacks, the law that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the Blank______. Multiple choice question. A. Guantanamo Bay Act B. USA Patriot Act C. Department of Homeland Security Act D. Uniform Code of Military Justice

B. USA Patriot Act

The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated ______. Multiple choice question. A. the right to hire a lawyer B. a basis for taking the alleged violation into a court of law for a ruling by a judge C.judge the right to call the police D. the opportunity to appeal to members of Congress for stronger protections of individual rights

B. a basis for taking the alleged violation into a court of law for a ruling by a judge

In Hamden v. Rumsfeld, the Supreme Court ruled that the use of secret military tribunals to try detainees accused of terrorism was Blank______, as detainees were entitled to a trial affording all the guarantees contained in the Constitution. Multiple choice question. A. a moot issue B. constitutional C. unconstitutional

B. constitutional

Multiple Choice Question The Eighth Amendment protects people convicted of crimes from Blank______. Multiple choice question. A. double jeopardy B. cruel and unusual punishment C. an unfair sentencing trial D. unreasonable search and seizure in prison

B. cruel and unusual punishment

Which of the following is likely to convince a judge that police should be issued a search warrant? Multiple choice question. A. noting the suspect's reputation for being a lawbreaker B. establishing probable cause for believing a crime has been committed C. describing the ethnicity and religion of the suspect D. indicating the neighborhood the suspect lives in

B. establishing probable cause for believing a crime has been committed

The Supreme Court has recently employed the Eighth Amendment to ban which of the following? Multiple select question. A. life sentences without parole for juveniles B. the death penalty for the mentally ill C. "three strikes and you're out" laws D. the death penalty for juveniles

B. the death penalty for the mentally ill C. "three strikes and you're out" laws D. the death penalty for juveniles

The Supreme Court has recently employed the Eighth Amendment to ban which of the following? Multiple select ALL that Apply. A.life sentences without parole for juveniles B. the dseath penalty for the mentally ill C. "three strikes and you're out" laws D. the death penalty for juveniles

C. "three strikes and you're out" laws D. the death penalty for juveniles

The Supreme Court upheld the forced relocation of tens of thousands of Japanese Americans during World War II in which of the following cases? Multiple choice question. A. United States v. Wurie B. the Civil Rights cases C. Korematsu v. United States D. Miranda v. Arizona

C. Korematsu v. United States

The constitutional right to bear arms is found in which of the following amendments? Multiple choice question. A. Fifth Amendment B. Fourth Amendment C. Second Amendment D. Third Amendment

C. Second Amendment

The right to legal counsel is a Blank______ Amendment protection. Multiple choice question. A. First B. Fourth C. Sixth D. Second

C. Sixth

In Lawrence v. Texas (2003), the Supreme Court ruled that states cannot lawfully Blank______. Multiple choice question. A. set restrictions on what constitutes "marriage" set an age of consent that is lower than the federal age of consent B. ban any type of sexual behavior C. ban sexual relations between consenting same-sex adults

C. ban sexual relations between consenting same-sex adults

In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the Blank______. Multiple choice questions. A. free-exercise clause B. necessary and proper clause C. establishment clause D. commerce clause

C. establishment clause

According to the establishment clause, the government is required to Blank______. Multiple choice question. A. establish an official religion in the United States B. favor nonreligious groups over religious groups favor religious groups over nonreligious groups C. remain neutral toward all religions

C. remain neutral toward all religions

The Supreme Court has ruled that the right of free assembly Blank______. Multiple choice question. A. does not apply to assemblies aimed to show displeasure with a protected minority group B. is more important than any disruptions it may cause in the lives of others C. takes precedence over the mere possibility that the exercise of the right might have undesirable consequences D. does not exist if it might offend a majority of onlooker

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

What was the name of the 1798 law that criminalized any speech or writings critical of the government, Congress, or the president? Multiple choice question. A. the Stamp Act B. the Unlawful Criticism Act C. the Sedition Act D. the Treason Act

C. the Sedition Act

Sixth Amendment

Counsel: Yo have a right to be represented by an attorney and can demand to speak first with an attorney before respnding to questions from law enforcement officials./ Promp and reasonable procedings: You have a right to be arraigned promptly, to be infromend of the charges, to confront witnesses, and to have a speedyt aad open trial by impartial jury.

Korematsu v. United States

Customaary legal protections would not be aafforded to individuals it deemed to have engaged in terriorist activity.

What constitutional amendment is of special significance for the Supreme Court when considering how to best protect individual rights from action by state and local governments? Multiple choice question. A. Fifteenth B. First C.Fifth D. Fourteenth

D. Fourteenth

The Supreme Court decision that determined that the right to privacy extended to include abortion is ______. Multiple choice question. A. Lawrence v. Texas B . Furman v. Georgia C .Miranda v. Arizona D. Roe v. Wade

D. Roe v. Wade

Which of the following was the subject under consideration in Roe v. Wade (1973)? Multiple choice question. A. assisted suicide B. same-sex relations C. the death penalty D. abortion rights

D. abortion rights

In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the Blank______. Multiple choice question. A. commerce clause B. necessary and proper clause C. free-exercise clause D. establishment clause

D. establishment clause

Under the Fifth Amendment, suspects charged with a Blank______. Multiple choice question. A. violent crime lose their right to have their case heard before a grand jury B. state crime cannot be tried unless indicted by a grand jury C.federal or state crime cannot be tried unless indicted by a grand jury D. federal crime cannot be tried unless indicted by a grand jury

D. federal crime cannot be tried unless indicted by a grand jury

The Supreme Court has ruled that prisoners should generally appeal their cases first Blank______. Multiple choice question. A. to the U.S. Supreme Court B. in federal district courts C. To State supreme courts D. in state courts

D. in state courts

Which of these groups is typically more protective of individual rights? Multiple choice question. A. elected officials B. police officers C. general public D. judges

D. judges

According to the establishment clause, the government is required to Blank______. Multiple choice question. A. favor nonreligious groups over religious groups B. favor religious groups over nonreligious groups C. establish an official religion in the United States D. remain neutral toward all religions

D. remain neutral toward all religions

In a 2010 CNN survey, 2 in 5 Americans stated that individuals arrested by police on suspicion of terrorism Blank______. Multiple choice question. A. were not entitled to a court-appointed attorney B. should be detained in Guantánamo Bay C.should immediately be designated "enemy combatants" D. should not be read their Miranda rights

D. should not be read their Miranda rights

Peal Harbor 1941

Franklin D. Roosevelt ordered the forced relocation of Japanese Americans living on the West Coast to detention camps in Arizona, Utah and other inland locations.

Freedom of Religion

Free religous expression is the forerinner of free political exression, at least within the English tradition of limted government.

Roe v. Wade (1973)

Gave women the right to seek abortion in the first three months of pregnancy, under their right to privacy.

prior restraint

Government prohibition of speech or publication before the fact, which is presumed by the courts to be unconstitutional unless the justification for it is overwhelming.

2015......... 2018

Heated debate and close vote in the Senat, Congress pass legislation authorizing the program while plaving limits on it.....for example the legislation requires phone data be stored with telecommunications companies rather than with NSA aand to be available to NSA only if it obtaains a warrant 2018 Congress reauthorized the program extending it for a period of six years.

National Security Agency (NSA)

Intelligence agency primarily responsible for gathering intelligence from electronic and nonelectronic sources and for breaking foreign information transmission codes.

First Amendment

It protects freedom of speech, the press, assembly, and the right to petition the government to redress grievances./ Thomas Jefferson called the Sedition Act. Print newspaper stories critical, July 14, the Sedition Act of 1798 was part of the president or other top national officials. a series of measures, commonly known as the Alien and Sedition Acts, ostensibly designed to deal with the threats involved in the "quasi-war" with France. Critics viewed the act as a thinly disguised partisan effort to control political debate until the next presidential election. The clash over the Sedition Act yielded the first sustained debate over the meaning of the First Amendment./ Bloodless, Revolution of 1689 Act of Toleration/ The Free-Execise Clause- A first Amendment provision that prohibits the government from interfering with the practice of religion.

Eight Amendment

Prohibits cruel and unusual punishment and excessive bail or fines.

Fourth Amendment

Protects against unreasonable search and seizure.

Slander

Spoken falsehoods that damage a person's reputation.

Lawrence v. Texas (2003)

State law may not ban sexual relations between same-sex partners. "the right of privacy" implied by grantin of liberty in the Fourtheeth Amendment.

Schenck v. United States (1919)

Supreme court decides that any actions taken that present a "clear and present danger" to the public or government isn't allowed, this can limit free speech.

establishment clause

The First Amendment provision stating that government may not favor one religion over another or favor religion over no religion and prohibiting Congress from passing laws respecting the establishment of religion.

The Constitution does not guarantee an appea after convition, but the federal government and all states permit at leaast one appeal.

The Supreme Court has the ruled that the appeal process cannor discriminate against poor defenadants.

due process clause

The clause of the Constitution (included in the Fourteenth Amendment) that has been used by the judiciary to apply Bill of Rights protections to the actions of state governments.

Ninth Amendment.......Right of Privacy....Griswold v. Connecticut......

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people...........A right implied by the freedoms in the Bill of Rights that grants individuals a degree of personal privacy upon which government cannot lawfully intrude. The right gives individuals a level of free choice in areas such as reproduction and intimate relations........- challenged a stat law prohiiting the use of condoms and other birth control devices,eben by married couples.

Bill of Rights

The first 10 amendments to the Constitution. They include rights such as freedom of speech and religion and due process protections (for example, the right to a jury trial) for persons accused of crimes.

civil liberties

The fundamental individual rights of a free society, such as freedom of speech and the right to a jury trial, which in the United States are protected by the Bill of Rights.

exclusionary rule

The legal principle that government is prohibited from using in trials evidence that was obtained by unconstitutional means (for example, illegal search and seizure).

inevitable discovery exception

The legal principle that otherwise excludable evidence can be admitted in trial if police would eventually have discovered the evidence by other means.

selective incorporation

The process by which certain of the rights (for example, freedom of speech) contained in the Bill of Rights become applicable through the Fourteenth Amendment to actions by the state governments.

libel

The publication of false material that damages a person's reputation.

True or false: Although it is a core principle for most Americans, the right to privacy is not explicitly mentioned in the Constitution.

True

Fifth Amendmet

You are protected agianst self -incrimination, whicb means you have the right to remain silent./ You are also proteced from arrest unless authoritises hae probabple cause to believe that you have comitted a crime./Double Jepord: You cannot be tried twive for the samw crime if the first trial results in aquittal./ Due process: You cannot be depried of life, liberty, or property without proper legaal preceedings.

Gidon v. Wainwright (1963)

convicected of breaking into a pool hall. The judge denied his case for a lawyer at trial.

According to the Supreme Court, police can search a person's home merely on the basis of a hunch that the owner might be breaking the law. True false

false

USA Patriot Act

gave the government additional tools for combatinh terrorism, including expanded survillance power.

Miranda v. Arizona (1966)

he was not informed of his rights during a confession to kidnapping and rape during police questioning.

Johnson v. Zerbst (1863)

held that vriminal defendancts in federal cases must be provided a lawyer at government expense if they cannr afford one.

good faith exeption

inadmisable evidence can be used in a police tria. if officer is following procedure.

Judges

must balance society's need for security and public order against the rights of the individual.

Planned Parenthood v. Casey (1992)

the court upheld Pennsylvania law that required a minor to have parental judicial consent before obtaining an abortion.

plain view exception

the rule that any evidence police can see or hear in plain view when they are where they have a legal right to be is admissible in court, even without a legal warrant or probable cause

racial profiling

the use of race or ethnicity as grounds for suspecting someone of having committed an offense.

Hamdan v. Rumsfeld (2006)

tribunals were unlawful because they did not provide even minimal protections of detainees' rights, including th right to see thee evidence against them.