Topic Test: Protecting Civil Liberties

How did the case Gitlow v. New York change the way the Bill of Rights was applied to Americans?

- Began process of incorporation. - Freedom of speech and press, which 1st Amendment says cannot be denied by National Government, are also among the fundamental personal rights and liberties protected by the Due Process Clause of the 14th Amendment from impairment by the States.

The table lists some examples of civil liberties and civil rights. Which situation below describes a violation of civil rights?

A couple are turned down in their offer to buy a house because of their race.

How has the Supreme Court ruled in cases involving free exercise of religion such as those described in the table?

Both of these laws are constitutional because they protect the public good in a way that overrides the Free Exercise Clause.

Look at the cases below. Choose the answer that provides the correct rulings in each of the two cases.

Burning a draft card is not a form of free speech. A campaign contribution is a form of free speech.

What is the general rule used by the Supreme Court when deciding if civil disobedience is a constitutionally protected right?

Civil disobedience is not protected by the First Amendment and so protestors may be charged if they break any laws.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. . . ."—1st Amendment Which statement best explains the meaning of the guarantees provided in this excerpt from the First Amendment?

Each person is free to believe as he or she wishes in religious matters, and government cannot favor any one religion.

Summarize the three-part test the Supreme Court uses to determine if the government can punish an act of protest or dissent without violating free speech.

First, the protest must involve something over which the government has constitutional authority. Second, the limits the government places on free expression must not be too extreme. Third, the government must not be motivated simply by the desire to keep people from expressing dissent. There must be a public interest served by the punishment.

What is the current legal status of the idea expressed in this excerpt?"No State shall make any law respecting an establishment of religion, or prohibiting the free exercise thereof; and no money raised by taxation in any State for the support of public schools, or derived from any public fund therefor, nor any public lands devoted thereto, shall ever be under the control of any religious sect . . ."—Blaine Amendment, 1875

Individual States choose whether to follow this principle by adopting amendments to their own State constitutions.

What is the significance of the 14th Amendment?

It provides that the States, like the Federal Government, cannot deny basic rights to their people.

What ruling did the Supreme Court make regarding flag burning in Texas v. Johnson?

Laws banning the burning of the U.S. flag are unconstitutional because flag burning is a form of free speech.

Which of the following statements best summarizes the key point of this excerpt from the Supreme Court's ruling on public assemblies in the case Cox v. New Hampshire? "If a municipality has authority to control the use of its public streets for parades or processions, as it undoubtedly has, it cannot be denied authority to give consideration, without unfair discrimination, to time, place and manner in relation to the other proper uses of the streets."—Cox v. New Hampshire

Limits on public demonstrations are legal as long as they are reasonable and in the public interest.

Which of the following facts about a grand jury could be added to the table?

cannot decide whether a defendant is innocent or guilty

The stand taken by the Founding Fathers concerning the practice of religion was based on their

desire to prevent the creation of official government-sponsored churches in the colonies.

Examine the interaction between the police officer and citizen. Identify the legal justification the police officer must have under the 4th Amendment to do what she is doing.

probable cause

Review the two categories of due process shown here, then choose the example that would represent a violation of substantive due process.

A State requires voter identification cards, but only for members of a racial minority.

What is the Miranda rule established by the Supreme Court's ruling in Miranda v. Arizona?

Police must read criminal suspects their rights before questioning them.

Which of the following amendments would have protected this person against the situation he is describing?

The 5th Amendment right to avoid self-incrimination

How did the Supreme Court reinterpret the provisions of the 13th Amendment in the 1968 case Jones v. Mayer?

The Court expanded the 13th Amendment's protections against racial discrimination to include granting African Americans the same rights as whites in buying or renting a home.

How does the current interpretation of the Due Process Clause of the 14th Amendment enforce both the principles of federalism and limited government?

The Due Process Clause of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only restricts the federal government. It states that no person shall be "deprived of life, liberty, or property without due process of law." Usually, "due process" refers to fair procedures.

Explain the significance of the Supreme Court's ruling in the case Engel v. Vitale.

The Supreme Court decision in Engel v. Vitale (1962) held that official recitation of prayers in public schools violated the First Amendment's Establishment Clause. The ruling is hailed by some as a victory for religious freedom, while criticized by others as striking a blow to the nation's religious traditions.

What did the Supreme Court cite as the constitutional basis of its decision in Roe v. Wade?

The Supreme Court issued a 7-2 decision ruling that the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides a "right to privacy" that protects a pregnant woman's right to choose whether or not to have an abortion.

What controversial Supreme Court ruling involving individual rights was triggered by events like the one shown in this photo?

The Supreme Court ruled in Korematsu v. United States that forced evacuation was constitutional in wartime.

How did the Supreme Court's ruling in Mapp v. Ohio limit the powers of law enforcement?

The Supreme Court's 5-4 decision overturned Mapp's conviction, on the grounds that evidence seized without a search warrant cannot be used in state criminal prosecutions under the 4th Amendment to the Constitution, which protects against unreasonable searches and seizures, and the 14th Amendment, which extends that protection to state jurisdictions.

How would the Establishment Clause apply to the activity shown below if it took place at both a private school and a public school?

The activity would be legal at a private school but would not be allowed at a public school.

Summarize the arguments for and against the use of free speech zones.

The concept of free speech zones is a barely concealed attempt to engage in censorship within the bounds of court precedent. Courts have held that government can put certain reasonable time place and manor restrictions on speech. For example, you cannot stand up in the middle of math class to criticize the President. There is a time and place for such debate, but a school can limit math class to talk about math. Similarly, a city could normally ban a street march through a residential neighborhood in the middle of the night on the grounds that it is disruptive for not good reason, regardless of the content. Another easy example is that protesters might be banned from a courtroom or military installation at all times. Those are the sorts of reasonable time place and manner restrictions that courts have accepted. Some places, particularly college campuses, have tried to push those restrictions to the extreme, allowing for protests or dissemination of political information to very limited area that are sometimes nicknamed free speech zones. Most of these are thinly veiled attempt to censor speech rather than to put in place reasonable time place and manner restrictions.

Compare and contrast the ways in which the 5th Amendment and 14th Amendment uphold the principle of due process.

The most obvious difference between the two Due Process Clauses is that the Fifth Amendment clause as it binds the Federal Government coexists with other express provisions in the Bill of Rights guaranteeing fair procedure and non-arbitrary action, such as jury trials, grand jury indictments, and nonexcessive bail and fines, as well as just compensation, whereas the Fourteenth Amendment clause as it binds the states has been held to contain implicitly not only the standards of fairness and justness found within the Fifth Amendment's clause but also to contain many guarantees that are expressly set out in the Bill of Rights.

In this excerpt, Justice Oliver Wendell Holmes explains his ruling in Schenck v. United States. What argument is Holmes making about personal rights and free speech? "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."—Schenck v. United States

The protection of free speech is important, but there are some cases in which personal expression is irresponsible and can be banned.

Read this famous quotation from Justice Oliver Wendell Holmes. Which is the best interpretation of Holmes' meaning? "The most stringent [strict] protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic."—2nd Amendment

The right to free speech does not apply when it infringes upon the rights and safety of others.

Read this excerpt from the text. "Several States made a death sentence mandatory for certain crimes—for example, the killing of a police officer or a murder committed during a rape, kidnapping, or arson. Others provided, instead, for a two-stage process in capital cases: first, a trial to settle the question of guilt or innocence; then, for those convicted, a second proceeding to decide if the circumstances involved in the crime justify a sentence of death." What did the Supreme Court decide about these approaches to the death penalty taken by State courts?

The two-stage process is constitutional, but mandatory death sentences are too rigid and thus unconstitutional.

Based on the content of this image and what you have learned about the freedom of assembly, which of the following would most likely be the legal reason for the authorities to stop the protest shown here?

The union members are picketing on private property.

How do the laws regarding free speech and censorship apply to an advertisement such as the one shown here?

This particular ad makes a claim, and if the government finds that claim to be false or misleading, it can ban the ad.

What is the purpose of the requirement, upheld in cases such as Hernandez v. Texas, that a jury be drawn from a cross section of the community?

This requirement ensures that juries include members of all major ethnic or racial groups in a community. The goal is to lower the chance of a jury being biased against a defendant because of "race, color, religion, national origin, or gender."

What are the constitutional limits on the government's ability to control the time, place, and manner of assemblies?

Time, place and manner restrictions are content-neutral limitations imposed by the government on expressive activity. Such restrictions come in many forms, such as - imposing limits on the noise level of speech - capping the number of protesters who may occupy a given forum - barring early-morning or late-evening demonstrations - restricting the size or placement of signs on government property

The chart lists ways in which the government may limit individual rights for the public good. What other legal way to limit individual rights could be added to this list?

To promote safety: Require all drivers to wear seat belts.

In addition to the principle of due process, what limit on government power is presented in this excerpt from the 5th Amendment? "No person shall be . . . deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."—5th Amendment

the right of eminent domain