Chapter 04. Civil Liberties

Various Supreme court have recognized the right to privacy (Court cases regarding birth control and abortions have expanded the right to privacy.)

How has the government protected the right to privacy?

Arrest Would Be Unconstitutional The year is 1986, and you were arrested by the federal government. The year is 1886, and you were arrested by the federal government. The year is 1986, and you were arrested by the state government. Arrest Would Be Constitutional The year is 1886, and you were arrested by the state government.

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

Upheld Approving

In recent years, the Supreme Court has _____________ a woman's right to seek an abortion, while _________ various state restrictions to abortion access.

Two officers with beards worn for their Sunni Muslim beliefs were dismissed because of a policy banning facial hair for employees with only an exception for health reasons. -Free Exercise A law is passed that bans Muslims from running for public office. -Free Exercise A law prohibits the teaching of evolution in public schools.-Establishment A state law requires individuals convicted of driving under the influence (DUI) to attend a faith-based alcohol abuse recovery and treatment program.-Establishment

Label each scenario of government action or public policy with the aspect of the First Amendment it most likely violated: the free exercise clause, the establishment clause, or both.

freedom of the press speech plus commercial speech fighting words

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

Palko v. Connecticut (This decision established the doctrine of selective incorporation, by which the Supreme Court extends certain limitations found in the Bill of Rights to include the states.)

Selective incorporation was established in which Supreme Court case?

A used car lot is seized for expansion of a highway.- 5th Amendment A state law requiring law enforcement officers to conduct a blood test of all drivers involved in a fatal motor vehicle accident was overturned. 4th Amendment The Supreme Court overturned the conviction of a Louisiana man serving a sentence of life in prison based on a nonunanimous jury decision. 6th Amendment

The Bill of Rights extends a wide array of protections to individuals. Match the relevant amendment(s) to the examples.

Searches and seizures Inadmissible (The exclusionary rule came about as a result of a 1961 court case.The Fourth Amendment is one of the foundations on which the rights of the accused are based.)

The Fourth Amendment protects citizens from unreasonable _____ by making illegally obtained evidence_____ in court

False (At the time of its enactment, the framers were primarily concerned with the state militias, a view upheld by the Court in 1939.)

The original purpose of the Second Amendment was to provide for an individual right to bear arms.

It protects the confidentiality of journalists source (Freedom of the press is an important part of freedom of speech. Journalists argue that in order to ensure that freedom, they must be able to protect their sources from the government or other reprisal.)

What is the purpose of a "shield law"?

protection from double jeopardy protection from self-incrimination the right to a grand jury Incorrect Answer(s) the right to a trial by jury in civil cases the protection from unreasonable search and seizure (The right to have the evidence reviewed by a jury to see if a trial is warranted is an important element to federal criminal cases.)

What protections are guaranteed by the Fifth Amendment?

5th Amendment (The Fifth Amendment prevents people from being subjected to double jeopardy—that is, being tried twice for the same crime.This was one of the earlier amendments to the Constitution.)

Which amendment specifies the right to bear arms?

right to privacy (Roe v. Wade dealt with the right to an abortion, which the Court interpreted as being guaranteed due to a right to privacy.)

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

Correct Answer(s) right of habeas corpus right to trial by jury in the state where a crime was committed Incorrect Answer(s) right to protection against unreasonable searches right to petition the government (This right can be found in the First Amendment .Rights aren't found solely in the Bill of Rights; they can be found throughout the text of the Constitution. A familiarity with both texts is necessary to understand fully the protections afforded to citizens.)

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

Correct Answer(s) establishment clause free exercise clause Lemon test Incorrect Answer(s) clear and present danger test "godless government" standard

Which of the following terms are associated with freedom of religion?

Correct Answer(s) Hamilton argued that a bill of rights would be irrelevant because the national government had only delegated powers. Hamilton argued that the Constitution already contained provisions that amounted to a bill of rights. Incorrect Answer(s) Hamilton argued that the Constitution would not be able to be ratified with a bill of rights. Hamilton argued that a bill of rights was a necessary limit on the federal government and that the Constitution should not be ratified without one.

Which of the following were among Alexander Hamilton's arguments concerning the Bill of Rights?

Correct Answer(s) placing GPS trackers on cars searching and seizing a cell phone during an arrest Incorrect Answer(s) requiring mandatory drug testing collecting DNA from arrestees

Which practices have the courts considered unacceptable, as they violated Fourth Amendment protections?

The Court did not deal with many such cases until the twenty-first century. (The Court heard only four cases related to the Second Amendment before 2007.)

Which statement about the Supreme Court's approach to dealing with gun rights over time is accurate?

Correct Answer(s) They may directly incite damaging action. They do not contribute to the marketplace of ideas. Incorrect Answer(s) They violate Title IX of the Higher Education Act. They are considered obscene. (There is no substantial public interest in the use of insulting words, and thus they may be restricted)

Why are fighting words an "unprotected" form of speech?

Antifederalists demanded it for ratification of the Constitution. (Antifederalists agitated for a bill of rights as part of the ratification of the Constitution.)

Why was a bill of rights added to the Constitution?

Correct Answer(s) The "wall of separation" refers to the dissociation between church and state. Incorrect Answer(s) The "wall of separation" refers to a recent law that keeps religious individuals from persecuting nonreligious individuals. The "wall of separation" protects the rights of nonbelievers. The "wall of separation" separates the establishment clause from the free exercise clause.

How does the "wall of separation" apply to the establishment clause?

requiring employers to provide female employees with free birth control-:unconstitutional prayer in public schools-unconstitutional the display of religious symbols, like the Ten Commandments, on public grounds-constitutional and unconstitutional moment of silence for prayer at a school event-unconstitutional religious schools receiving state funding for building or playground upgrades-constitutional

Identify the scenarios that the Supreme Court has ruled constitutional, unconstitutional, or both.

Correct Answer(s) Does the practice have a secular legislative purpose? Does the practice advance or inhibit religion? Does the practice foster an excessive government entanglement with religion? Incorrect Answer(s) Does the practice favor or discriminate against any one religion?

Identify the three parts of the Lemon test.

Extended First Amendment Protection United States v. Playboy Entertainment Group Brown v. Entertainment Merchants Association Snyder v. Phelps Did Not Extend First Amendment Protection Morse v. Frederick

Identify whether or not the Supreme Court extended First Amendment protections in each case.

fighting words-increased commercial speech-increased speech plus-stayed about the same

Identify whether the Court's protections for these forms of speech and expression have increased, decreased, or stayed about the same over time.

equity in public school funding-civil right voting rights for African Americans-civil right protesting a policy of the government at the Capitol building-civil liberty burning the American flag-civil liberty (This is an example of a civil liberty.Civil liberties constrain government from taking certain actions, whereas civil rights are affirmatively granted protections granted by the government)

Identify whether the examples best represent civil liberties or civil rights.

Lenny Pozner, whose son Noah died in the Sandy Hook mass shooting, sued the authors of a book claiming Sandy Hook was a hoax and that Noah's death certificate was fake. Libel A personal trainer and weight-loss guru is suing his former client after she claimed verbally on several occasions that the trainer encouraged disordered eating. Slander A newspaper prints a story claiming the owner of a convenience store is selling kush, an illegal drug, from his store. - Libel

Identify whether the scenario represents libel or slander.

individual Self-Defense

In 2008, a landmark Supreme Court ruling recognized a(n) _____ right to bear arms for the purpose of _________

Struck down Broadcast television (The Court still maintains more control on radio and broadcast television content than it does on cable television or the internet.)

In general, the Supreme Court has ________ bans on obscenity, except for cases involving _______

Correct Answer(s) if police entered your house without a warrant or probable cause if police used drug dogs on the front porches of houses Incorrect Answer(s) if police obtain a warrant before searching a house for weapons if police search a car for alcohol after noticing an intoxicated driver

In which scenarios would evidence be subject to the exclusionary rule?

government efforts to block the publication of material-prior restraint protection of public spaces traditionally used for assembly-public forum doctrine speech accompanied by actions such as protesting-speech plus

Match each First Amendment concept to its definition.

he Court expanded privacy rights when it ruled that gay people are entitled to respect for their private lives.-Lawrence v. Texas The Court expanded privacy rights when it ruled that women have a right to seek an abortion.-Roe v. Wade The Court made it easier for government to seize private property for "public use," known as eminent domain, without violating the Fifth Amendment.-Kelo v. City of New London

Match each Supreme Court case to the opinion it rendered.

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

Match each amendment with its purpose. 8,4,6,5 amendment protects citizens from being tortured or excessively threatened protects against unreasonable searches and seizures protects citizens from being tried twice for the same alleged crime (double jeopardy) protects citizens by giving the right to receive counsel for defense of a crime

False (The Court has traditionally defined "public interest" very broadly and continues to do so.)

Over time, the Court has made it extremely difficult for government to exercise its eminent domain powers to seize private property by narrowing the definition of ""public interest."

False (The Supreme Court has expanded the right to privacy in the areas of birth control, abortion, and LGBTQ rights.)

Over time, the Supreme Court has been more restrictive in its protection of the right to privacy.

Protected Speech A protester burns the Texas state flag. Inflammatory protesters picket at a military funeral. Unprotected Speech A newspaper publishes detailed U.S. military positions during wartime. A man made false statements on several occasions that a restaurant owner in his community committed tax fraud. (In Snyder v. Phelps, the Court ruled that protests in public are allowed, even when they are offensive. The Supreme Court has consistently held that expression is protected so long as it does not interfere with the rights of others or violate strictly constructed state security interests.)

Place the following examples of speech into the correct category.

The supreme court ruled in favor of marital privacy in contraceptives use The supreme court expanded the right to privacy with regard to abortions The supreme court rules that LGBTQ persons have a right to privacy (In 2003, the Court reversed its earlier Bowers decision on the rights of gays. With the Lawrence v. Texas decision, the Court ruled that gay people have a right to privacy and that states cannot control their citizens' sexual conduct.The Supreme Court did not always support the right to privacy. The Court ultimately overturned some decisions and expanded privacy rights for certain groups of people.)

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

(picture) Utah Michigan New York

Review the figure on background checks for gun purchases across America, and then answer the question. Order these states from those with the least-stringent gun control policy to those with the most-stringent gun control policy.

(picture) Correct Answer(s) States on the West Coast tend to have background checks for all firearms. States can determine for themselves whether or not to require a background check for the sale of a firearm by an unlicensed dealer. In most states, no background check is necessary to buy a firearm from an unlicensed dealer. Incorrect Answer(s) Most states in the South require background checks for handguns only.

Review the figure on background checks for gun purchases across America, and then answer the question. Which of the following statements about background checks are accurate?

(picture) Correct Answer(s) The western states tend to provide greater access to abortion than the southern states. Mississippi has the most restrictive laws pertaining to abortion access, prohibiting abortion after 15 weeks. More liberal states like California and New York tend to have policies granting greater access to abortion compared to more conservative states like Arkansas or Mississippi. Incorrect Answer(s) Most states restrict abortions at 18 weeks. (According to the map, only Arkansas restricts abortions at 18 weeks.Although the Supreme Court case Roe v. Wade established a legal right to abortion based on the right to privacy, subsequent rulings have narrowed the right to abortion, and states can establish some restrictions, which produces the considerable variation shown in the infographic.)

Study the Who Participates? infographic, and then answer the question. Identify the correct and incorrect statements.

(picture) Most-least California New York Florida Texas South Carolina Mississippi (Mississippi has the least number of abortion clinics statewide—only the Jackson Women's Health Organization in Jackson, MS, performs abortions and does not perform them after 16 weeks. This makes access very difficult for residents far from the clinic and with less means to travel to the clinic.States vary considerably in the number of clinics that provide abortions, which is an important factor in women's access to abortions. Over the past decade, many states have passed targeted restrictions on abortion providers (TRAP) laws that place further restrictions on these clinics and in some cases have forced them to close permanently.)

Study the Who Participates? infographic, and then answer the question. Order these states from those with the most abortion clinics to those with the fewest abortion clinics.

eminent domain Public Interest Just Compensation (The government must show a public interest or public purpose for seizing private property through its eminent domain powers. However, "public interest" is incredibly broad and vague. Although eminent domain powers are set out in the Constitution, they are incredibly controversial due to the vagueness of "public interest" and "just compensation" upon which these powers hinge)

Suppose that in order to build a border wall along the U.S.-Mexican border, the federal government sues a butterfly and wildlife sanctuary in South Texas in order to exercise its _______ powers. To prevail, the government must demonstrate that there is a _______to build the wall and provide _______to the owners of the property.

False (This sounds like a trick question, but it is really a crucial distinction. The Bill of Rights is full of civil liberties—one's personal freedoms that the government cannot take away. Civil rights, things the government must do to protect us from discrimination, are found elsewhere in the Constitution.)

The Bill of Rights describes the civil rights afforded to all Americans.

True (The Court has interpreted several parts of the Bill of Rights, such as the Third, Fourth, Fifth, and Ninth amendments, as constituting a basis for the right to privacy.)

The Constitution provides a basis for a right to privacy.

True (The Alien and Sedition Act of 1798 criminalized the very things protected by the First Amendment and expired shortly after being passed.)

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

Frist Establishment clause Free Exercise Clause (Although drawing the line with the free exercise clause at first seems simple, there are many gray areas.The Supreme Court has changed its interpretation of these clauses over time. The establishment and free exercise clauses are both found in the Constitution, whereas the strict scrutiny standard and the clear and present danger test arose out of Supreme Court decisions.)

The __________________ Amendment's ____________ is primarily concerned with Congress sponsoring or favoring a specific religion, whereas the ________________ has to do with Congress prohibiting or interfering with the practice of religion.

Free Exercise Bolstered

The cases Holt v. Hobbs and Burwell v. Hobby Lobby Stores both addressed the ________ clause of the First Amendment, and in both circumstances, the Court _______ protection from religious discrimination.

health food company claims the use of its product prevents coronavirus infections. (The prohibition of false and misleading advertising by the Federal Trade Commission is a well-established power of the federal government)

The government tends to restrict little in the "marketplace of ideas," but which of these would likely be a restricted form of speech?

Correct Answer(s) It held that a woman's right to an abortion was implicit in the right to privacy. It prohibited states from making abortion a criminal act prior to the point when a fetus becomes viable. Incorrect Answer(s) It prevents states from imposing any abortion restrictions due to the supremacy clause. It mandated public funding to assist low-income women seeking abortions.

What was the outcome of Roe v. Wade?

14th Amendment (The Fourteenth Amendment has a number of clauses that suggest a single national citizenship, rather than upholding the idea of dual citizenship. Although the process of selective incorporation did not begin until 1897, the Fourteenth Amendment offered the constitutional basis for this process.)

Which amendment was most responsible for selective incorporation, in which some Bill of Rights protections were applied to the states?

Correct Answer(s) Fifth Ninth Fourth Third Incorrect Answer(s) Sixth Second

Which amendments, according to Supreme Court arguments, have elements of the right to privacy?

Griswold v. Connecticut (Griswold v. Connecticut established a right to privacy as a constitutional protection.)

Which case formally established the right to privacy?

West Virginia State Board of education v. Barnette (In this 1943 ruling, the Supreme Court reversed an earlier ruling that allowed schools to expel students for refusing to salute and pledge allegiance to the American flag. The Court endorsed the free exercise of religion, even when it may be offensive to the beliefs of the majority.)

Which case, involving a refusal to stand for the Pledge of Allegiance, established the precedent for the free exercise clause?

Correct Answer(s) Second Amendment First Amendment Eighth Amendment Incorrect Answer(s) Tenth Amendment Seventh Amendment (The Seventh Amendment establishes the right to trial by jury in particular civil cases. It has not yet been applied to the states. The Supreme Court has decided over time that some, but not all, amendments can be applied to both the state and the federal governments. This is referred to as selective incorporation.)

Which of the following amendments have been selectively incorporated to the states using the Fourteenth Amendment?

Correct Answer(s) Death penalty usage and sentences have decreased over time. The Supreme Court has never banned the death penalty. The Supreme Court has restricted the cases in which the death penalty can be applied. Incorrect Answer(s) Procedural changes in the 1970s remedied the uneven application of the death penalty.

Which statements about the death penalty are correct?