chapter 4

protects against unreasonable searches and seizures

fourth amendment

clear and present danger test

law should not punish speech unless there was a clear and present danger of producing harmful actions

direct incitement test

sets a higher standard for regulating speech than the clear and present danger test and thus protects threatening speech as long as it does not cause imminent lawless action.

protects citizens by giving the right to receive counsel for defense of a crime

sixth amendment

Why is the doctrine of strict scrutiny important to free speech?

strict scrutiny forces the government to prove a reason for restricting speech

Miller Test

the Supreme Court uses this three-part test to determine whether speech meets the criteria for obscenity. If so, it can be restricted by the government.

what dealt with right to privacy?

-Griswold V. Connecticut -Roe V. Wade

what did the brady bill do?

-It established waiting periods to purchase hand guns. -It strengthened gun control laws.

Which of the following statements about selective incorporation are correct?

-Selective incorporation involves applying Bill of Rights protections to state governments. -Selective incorporation has occurred in surges rather than smoothly or incrementally.

Which of the following falls under the exclusionary rule?

-Suspect confessions given without proper reading of Miranda rights cannot be used at trial. -illegally or unconstitutionally acquired evidence cannot be used in a trial.

How has the Supreme Court influenced privacy rights?

-The Court expanded privacy rights when it ruled that people have "privacy in one's association." -The Court expanded privacy rights when it ruled that women have a right to seek an abortion. -The Court expanded privacy rights when it ruled that states cannot make homosexual conduct a crime.

Which confessions would be legally admissible today?

-a confession made when the suspect and her attorney have agreed to a plea deal -a confession made after the suspect has been informed of his right to silence

most protected to least protected??

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

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

prior restraint

A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials.

Tenth Amendment

Amendment stating that the powers not delegated to the federal gov. are reserved to the states

Lemon Test

The Supreme Court uses this test, established in Lemon v. Kurtzman, to determine whether a practice violates the First Amendment's establishment clause. -focuses on the establishment clause

Eighth Amendment

The constitutional amendment that forbids cruel and unusual punishment.

protects citizens from being tried twice for the same alleged crime

fifth amendment

protects citizens from being tortured or excessively threatened

eighth amendment

Seventh Amendment

establishes the right to trial by jury in particular civil cases. It has not yet been applied to the states.

Free Exercise Clause

permits people to freely exercise their chosen religion away from government interference.

Establishment Clause

prohibits the establishment of religion by Congress.

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

public good vs individual freedom

wall of separation

refers to the division of church and state