Civil Rights and Civil Liberties, Chap. 7 AMSCO (Individual Liberties)

Selective Incorporation

Process of applying the protections from the Bill of Rights into state law, based on 14th amendment's due process clause.

Schenck v. United States (1919)

○ During WWI, a man was arrested for handing out a flier that urged men to resist the draft and not enlist ○ Speech representing "a clear and present danger" is not protected. (1st Amendment)

Fourteenth Amendment

All people born or naturalized in the US are citizens of the US and the state they reside in. Guaranteed amendment protections on a state level.

Due Process

Government must respect all legal rights/liberties of an individual. Protected by 5th and 14th amendments.

Libel

False statements in print that defame someone and hurt their reputation.

Miller v. California

Held that community standards be used to determine whether material is obscene and reaffirmed that obscene material was not constitutionally protected.

time, place, and manner restrictions

regulations regarding when, where, or how expression may occur; must be content neutral

Wisconsin v. Yoder (1972)

- An Amish family sued Wisconsin for requiring them to pay a fine for not sending their children to school after the eighth grade. - Requirements that Amish students attend school past eighth grade violate the free exercise clause. (First amendment)

Engel v. Vitale (1962)

- Group of Jewish families sued a NY school district for having a prayer in the morning - School-sponsored religious activities violate the establishment clause. (First amendment)

Time, Place, and Manner Test

1. must be content-neutral (not suppress content of the expression). 2. must serve a significant gov't interest. 3. must be narrowly tailored to the situation. 4. there must be adequate alternative ways of expression.

The Miranda rule stems from rights protected by which of the following amendments?

5th and 6th amendments

Everson v. Board of Education (1947)

A law which reimbursed parents for transporting their children to school (including religiously-affiliated schools) was challenged. Ruling: state law is not meant to favor or handicap any religion. School transportation is a nonreligious service available to all taxpayers.

Compelling Governmental Interest

A purpose important enough to justify the infringement of personal liberties.

Lemon Test

A test to determine if a law violates the establishment clause ○ Law violates the establishment clause unless it: ■ Has a legitimate secular purpose ■ Does not advance or inhibit religion ■ Does not have "excessive entanglement" with religion

Under what circumstance can police conduct searches?

As long as they have probable cause of criminal activity

Substantive v Procedural Due Process Chart

B) Subs: Followed when the ideas or points of the law are fundamentally fair and just Proc: Focuses on the manner in which government acts towards its citizens

Texas v. Johnson (1989) & United States v. Eichman (1990)

Cases which the court struck down that were intended to prevent desecrating/burning the US flag.

Vietnam War Era

Citizens voiced their protests on the unpopular Vietnam War. Congress upheld Selective Service Act (prohibited willful destruction of draft cards).

Individual Rights

Constitutional rights protected by the law

"Wall of Separation"

Constructed by the Supreme Court to prevent religion institutions and state from encroaching upon each other.

Defamation

Damaging one's reputation by making false statements

Free Speech and the Cold War

During Cold War- Smith Act: made advocating the overthrow of any gov't in the US a criminal act. Later differentiated between advocating for gov't change and actually encouraging illegal activity.

Gun Control Act of 1968

Ended mail-order sales of all firearms and ammunition and banned the sale of guns to felons, fugitives, illegal drug users, people with mental illness, and those dishonorably discharged from the military.

Brady Handgun Violence Prevention Act

Established a 5-day waiting period for purchases of handguns which allowed for a background check and potential cooling-off period for buyers motivated for immediate impulse. Expired in 1998.

Fifth Amendment

Establishes that 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."

Obscene Speech

Language and images that are so offensive to the average citizen that governments have banned them. Not protected under the 1st amendment and are not defined by a national standard.

McDonald v. Chicago (2010)

McDonald wanted to purchase a handgun but was barred by Chicago's handgun regulation. The right to keep and bear arms for self-defense in one's home applies to the states. Due process clause (2nd amendment)

Symbolic Speech

Nonverbal forms of speech (ie. signs, symbolic protest (burning the American flag)

Cohen v. California (1968)

Overturned the arrest of a man who was convicted of disturbing the peace because of a phrase on his jacket. The court ruled the phrase did not incite illegal action.

Civil Liberties

Personal freedoms protected from arbitrary governmental interference or deprivations.

Which statement is accurate regarding the law and government surveillance of persons in the United States?

Policies have changed over time as people debate the balance between security needs and individual liberties

The National Firearms Act

Required registration of certain weapons, imposed a tax on the sale and manufacture of certain guns, and restricted the sale and ownership of high-risk weapons (sawed-off shotguns and automatic machine guns).

Second Amendment

Right to bear arms (own weapons)

Civil Rights

Rights that guarantee freedom of equality for any race, gender, or other demographic group

Gitlow v. New York

SC enhanced the state's power by upholding New York's criminal anarchy law and the defendant's conviction because his activities represented a threat to public safety.

Lemon v. Kurtzman

States passed laws to pay teachers of religious schools with state funds. SC decided that it violated separation of church and state because the teachers may have bee involving faith in their teachings.

Tinker v. Des Moines Independent Community School District (1969)

Students in public schools are allowed to wear armbands as symbolic speech. (First Amendment)

Which statement accurately describes the Supreme Court's contemporary interpretation of the death penalty?

The Court has interpreted the execution of minors and the mentally handicapped as unconstitutional

What is the key difference between the due process clause in the Fifth Amendment and the due process clause in the Fourteenth Amendment?

The Fifth Amendment protects citizens against criminal charges, while the Fourteenth Amendment protects citizens against civil lawsuits?

Miller Test

The current judicial test for obscenity cases that considers community standards, whether the material is patently offensive, and whether the material taken as a whole lacks serious literary, artistic, political, or scientific value.

Prior Restraint

The right to stop spoken or printed expression in advance (a power not held by the US gov't).

Public Interest

The welfare/well-being of the general public.

In what way do the decisions in Engel v. Vitale and Wisconsin v. Yoder differ? a. One suggests a public policy creates an establishment of religion, while the other suggests a public policy denies a free exercise of religion. b. One was decided on free speech grounds and one was decided on free press grounds. c. One preserved the governmental policy and the other struck down a governmental policy. d. One decision resulted from judicial activism and one resulted from judicial restraint.

a. One suggests a public policy creates an establishment of religion, while the other suggests a public policy denies a free exercise of religion.

Which of the following is an accurate summary of the selective incorporation doctrine? a. Government policies can involve religion as long as these are decided selectively. b. States must protect most rights in the Bill of Rights based on the Fourteenth Amendment's due process clause. c. The Supreme Court is cautious about which civil liberties cases it accepts. d. The framers of the Constitution were selective about which rights they included.

b. States must protect most rights in the Bill of Rights based on the Fourteenth Amendment's due process clause.

Which of the following is the most complete summary of the selective incorporation doctrine? a. The selective incorporation process and resulting law represent the primary intent of the framers of the Fourteenth Amendment. b. The Supreme Court has required states to apply certain rights in the Bill of Rights through the Fourteenth Amendment's due process clause. c. The Supreme Court has determined that citizens have the right to own firearms. d. A separation of church and state is required even in states where large majorities of the population are strongly religious.

b. The Supreme Court has required states to apply certain rights in the Bill of Rights through the Fourteenth Amendment's due process clause.

What must a suing party prove to win a libel lawsuit? a. A factual mistake was made in reporting. b. The offending party acted maliciously and caused damages. c. An unfair criticism of public officials was made. d. His or her reputation was tarnished.

b. The offending party acted maliciously and caused damages.

With the variety of religious denominations and religions represented at a public high school, the administration has decided to bar students from wearing any religious symbols or garb that reflect a particular religious faith. Which of the following would be the best legal advice for school administrators? a. This is a sound policy because of the decision in Engel v. Vitale. b. This is an unsound policy because of the free exercise clause. c. This is a sound policy policy because no religious practice is allowed on public property. d. This is an unsound policy based on the Constitution's reserved powers clause.

b. This is an unsound policy because of the free exercise clause.

[Church and State Cartoon] With which of the following statements would the cartoonist most likely agree? a. The government should be able to impose religion on its citizens. b. Elected officials cannot be religious. c. There is a constant struggle to define the separation of church and state. d. The government should provide more help to churches.

c. There is a constant struggle to define the separation of church and state.

[Opinions about Public Statements Offensive to Minorities] Which of the following constitutional issues is represented in the graphic? a. Prior restraint b. Clear and present c. Free Speech d. Free exercise

c. free speech

What was the effect of the opinion Schenck v. United States? a. People can say or express anything as long as the nation is not at war. b. During wartime, no person can criticize the U.S. government. c. Free speech in the United States was expanded. d. As long as speech does not present a clear and present danger, it is allowed.

d. As long as speech does not present a clear and present danger, it is allowed.

[Opinions about Public Statements Offensive to Minorities] Which of the following consequences may occur based on the data in the graph? a. Restrictions on offensive school speech will likely be eased. b. Americans are likely open to limits on speech in the future. c. Republicans will be more open to limits on speech that Democrats. d. Men will be more likely than women to call for suppression of offensive statements about minorities.

d. Men will be more likely than women to call for suppression of offensive statements about minorities.

Those who disagree with the views in the majority opinion in Schenck would likely celebrate the shaping of the Constitution in which free speech ruling? a. Tinker v. Des Moines b. Engel v. Vitale c. United States v. Lopez d. New York Times Co. v. United States

d. New York Times Co. v. United States

New York Times v. Sullivan

established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth

which statement best describes the Supreme Court's interpretation of the Fourteenth Amendment?

the Fourteenth amendment's due process clause makes most rights contained in the Bill of Rights applicable to the states.

which of the following statements best describes how the balance of liberties and safety has been interpreted over time?

the balance has been interpreted consistently over time

Bill of Rights

○ First 10 amendments to the Constitution ○ Limits the power of the government to protect individual freedoms and liberties

New York Times v. United States (1971)

○ Government attempted to prevent the New York Times from publishing the pentagon papers The government cannot exercise prior restraint (forbid publication ahead of time). (First Amendment)

Clear & Present Danger

○ Government can only restrict/ punish speech that incites lawless action ■ Ie. screaming fire in a movie theatre to cause panic

Free Exercise Clause

○ Government cannot interfere w/ an individual's religion or its practices ■ Limitations include polygamy, drug use, etc.

Establishment Clause

○ Government cannot support an official religion ○ Government cannot force an individual to follow a religion ○ Promotes separation of church and state