CHAPTER 4: Civil Liberties: Protecting Individual Rights

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

Which amendment to the United States Constitution protects citizens from unreasonable searches and seizures?

4th

The right to legal counsel is a ______ Amendment protection.

6th

The cases of Riley v. California (2014) and United States v. Wurie (2014) both dealt with the use of what technology?

Cell Phones

True or false: 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.

False

True or false: In a 1992 cases involving a St. Paul, Minnesota city ordinance, the Supreme Court ruled that the government can restrict hate speech as it causes "anger or alarm."

False

The establishment clause of the Constitution restricts which of the following?

Government from favoring one religion over another Government from supporting religion over no religion

Regarding freedom of the press, the Supreme Court has generally upheld the principle of no prior restraint. This principle means that

Government generally cannot stop the news media from reporting a story

The imminent lawless action test

Has two criteria for speech advocating the unlawful use of force Says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action Says that speech must be likely to produce lawless action

The case of Carpenter v. United States (2018) dealt with the issue of the warrantless search of a cell phone in order to

Identify the locations at which cell phone calls were placed

In its rulings in Riley v. California (2014) and United States v. Wurie (2014), the Supreme Court acknowledged that

It would impact law enforcement's ability to combat crime

The Supreme Court has generally held that those convicted in state courts and who appeal on the grounds that their federal constitutional rights were violated are limited to

One Appeal

Which of the following states that evidence is admissible when it is immediately visible in the course of stopping a person for another infraction?

Plain view exception

Some critics argue that which of the following have weakened the exclusionary rule almost to the point that it applies only to extreme forms of police misconduct?

Plain view exception Inevitable discovery exception Good faith exception

The plain view exception

Says evidence found in plain sight is admissible even if a suspect was stopped for another infraction

The process by which the Supreme Court makes certain parts of the Bill of Rights applicable through the Fourteenth Amendment to actions by state governments is known as ____________ incorporation.

Selective

In a 2010 CNN survey, 2 in 5 Americans stated that individuals arrested by police on suspicion of terrorism

Should not be read their Miranda rights

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

Speech/Expression

Since the 1950s, what has been the government's approach to free speech?

The Supreme Court has ruled that national security must truly be at risk before the government can limit speech The Supreme Court has ruled that spoken words do not pose a true threat to national security, so Americans can speak their minds politically Not a single individual has been convicted solely for criticizing the government's war policies

Bill of Rights

The first 10 amendments to the constitution

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

Which of the following constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona?

The right to an attorney The right to remain silent

The exclusionary rule is based on the Supreme Court decision in

Weeks v. United States (1914)

The USA Patriot Act was passed

To combat terrorism

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

False

Match the Supreme Court case with the freedom incorporated into the states.

Fiske v. Kansas - Freedom of Speech Near v. Minnesota - Freedom of Press Hamilton v. Regents, U of C - Freedom of Religion DeJonge v. Oregon - Freedom of Assembly

How did Congress react when the former Confederate states (except Tennessee) refused to ratify the Fourteenth Amendment?

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

Which of the following statements about slander and libel is true?

Neither libel nor slander is protected by the First Amendment

In a case involving protester Gregory Johnson, the Supreme Court ruled that burning the American flag was protected specifically as ______ speech.

Symbolic

Griswold v. Connecticut is the landmark case that established the right to privacy. The case involved the question of whether a state can prohibit

The use of contraceptives by a married couple

Selective Incorporation

The use of the 14th Amendment to apply selected provisions of the Bill of Rights to the states

In the process of selective incorporation, which is the amendment that the Supreme Court relies on to apply most, but not all, of the provisions of the Bill of Rights to actions by the state governments?

14th Amendment

Which of the following amendments contribute to ensuring criminal due process?

4th Amendment 5th Amendment 6th Amendment 8th Amendment

Which amendment to the United States Constitution protects individuals from testifying against themselves in a court of law?

5th

The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated

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

What has the Supreme Court ruled concerning police use of modern technology, such as listening or thermal-imaging devices, to investigate a subject?

A search warrant is required, just as it would be for other circumstances

Which of the following best describes the subject under consideration in Roe v. Wade?

Abortion

According to the ______ doctrine, government can aid a religious organization so long as the aid is non-religious in nature and the government doesn't favor one religion over another.

Accomodationist

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

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

Establishment clause

The ______ clause of the First Amendment bans the state from helping religious institutions, whereas the ______ clause bans the state from restricting the free practice of religion by individuals.

Establishment; free-exercise

Based on the exclusionary rule, evidence that is illegally obtained can normally be used in a trial.

False

In United States v. Leon, the Supreme Court ruled that, despite the exclusionary rule, that evidence discovered under a faulty warrant was admissible because police had acted

In good faith

The Supreme Court has ruled that prisoners should generally appeal their cases first

In state courts

In the case of New York Times Co. v. United States

It was ruled that prior restraint is unconstitutional without a compelling argument for the restriction

The Supreme Court upheld the forced relocation of tens of thousands of Japanese Americans during World War II in which of the following cases?

Korematsu v. United States

The current standard used to determine whether the establishment clause has been violated is known as ______ test.

Lemon

In Gitlow v. New York, the Supreme Court ruled that the Bill of Rights

Protects individuals from actions by state governments as well as the federal government

Which of the following statements are true concerning the right of assembly?

Public officials can regulate the time and place of assemblies Individuals cannot hold an assembly at a busy intersection during rush hour Regulations of public assemblies must be applied fairly to all groups

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

What was challenged by Lawrence v. Texas (2003)?

Texas's sodomy laws

What was the name of the 1798 law that criminalized any speech or writings critical of the government, Congress, or the president?

The Sedition Act

Which of the following statements are true concerning the Supreme Court's decisions involving symbolic speech?

The Supreme Court has protected symbolic speech nearly as vigorously as actual speech The Supreme Court has ruled that burning an American flag is a protected form of symbolic speech

Due Process Clause (of the 14th Amendment)

The clause of the constitution that has been used by the judiciary to apply Bill of Rights protections to the actions of state governments

The Supreme Court has recently employed the Eighth Amendment to ban which of the following?

The death penalty for juveniles Life sentences without parole for juveniles The death penalty for the mentally ill

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

The federal and state governments

The Supreme Court decision in Schenck v. United States established which principle?

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

Where is the Bill of Rights located in the U.S. Constitution?

The first 10 amendments to the Constitution make up the Bill of Rights

What are the religious clauses in the First Amendment?

The free-exercise clause The establishment clause

In Brandenburg v. Ohio the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?

The imminent lawless action test

In order for police roadblocks to check drivers to be legal, they must conform to which of the following?

They can be used to check for signs of alcohol intoxication They must be systematic and not arbitrary

Which of the following is a right of the accused that is protected by the Fifth Amendment?

To have a grand jury weigh the prosecution's evidence

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

True

True or false: The Supreme Court ruled that school administrators have discretion in searching student lockers for drugs and weapons, as they are responsible for student safety.

True

The law passed by Congress, soon after the 9/11 attacks, that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the

USA Patriot Act

The Supreme Court consistently ruled that the George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was

Under the jurisdiction of the United States courts

In Planned Parenthood v. Casey, the Supreme Court ruled that restrictions on abortion were legal so long as they didn't place an ______ ____ on a woman's right to obtain an abortion.

Undue Burden

1st Amendment 2nd Amendment 4th Amendment 5th Amendment 6th Amendment 8th Amendment

1. Right to speech, press, assembly and religion 2. Right to bear arms 4. Protection against unreasonable search and seizure 5. Protection against self-incrimination and double jeopardy 6. Right to a jury trial, an attorney, and to confront witnesses 8. Protection against cruel and unusual punishment

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?

1990s

The Eighth Amendment protects

Against cruel and unusual punishment

In the case of Korematsu v. United States, the courts

Allowed government polices during wartime that would not be allowed in times of peace

The inevitable discovery exception

Allows admission of tainted evidence in certain cases Was developed in the case of Nix v. Williams (1984) States that exclusion of physical evidence that would have been found anyway has no effect on the fairness of a trial

In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following?

The U.S. Uniform Code of Military Justice The Geneva Convention

England's ______ gave members of Protestant sects the right to worship freely and publicly. The first Amendment reflects this tradition.

Act of Toleration

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

Clear and present danger

The exclusionary rule restricts the ability of

Courts to admit illegally obtained evidence during a trial.

In following the Eighth Amendment, the Supreme Court has used which of the following tests to determine if an action constitutes cruel and unusual punishment?

Determining if a punishment violates "fundamental standards of good conscience and fairness" Determining whether a punishment is "disproportionate to the offence" Determining if a punishment is "unnecessarily cruel"

What is the question at the heart of the debate over the Second Amendment?

Does the amendment give individuals the right to possess weapons?

The First Amendment clause barring the government from passing any laws that prohibit an individual's practice of his or her religion is known as the ______ clause.

Free-exercise

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

Free-exercise clause

In which of these cases did the Supreme Court rule that the Second Amendment, with some restrictions, prohibited state and local governments from effectively banning gun ownership?

McDonald v. Chicago

Which of the following statements are true of libel and slander?

Public officials can usually be criticized freely without fear the writer or speaker will have to pay for damages due to libel or slander Laws on libel and slander are based on the assumption that society has an interest in encouraging media and citizens to express themselves freely

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

Racial Profiling