AP Government Chapter 4: Civil Liberties

Define what we mean by civil liberties.

- Civil liberties are the protections that individuals receive from the government. - They are not absolute rights - Individual freedoms can become odds with the public good and government interests - The Supreme Court plays the deciding role in determining where to draw the line between individual rights and public safety.

a. symbolic speech; protected

Flag burning is an example of ________ that is currently _____ under the First Amendment. a. symbolic speech; protected b. symbolic speech; not protected c. hate speech; protected d. hate speech; not protected e. offensive slander; not protected

Fighting Words

Forms of expression that "by their utterance" can incite violence. These can be regulated by the government but are often difficult to define.

d. freedom of press

Gag orders are limits on what form of expression? a. freedom of assembly b. freedom of association c. freedom of speech d. freedom of press e. freedom of religion

Clear and Present Danger Test

Established in Schenk v. United States, this test allows the government to restrict certain types of speech deemed dangerous.

Hate Speech

Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. It is currently protected under the First Amendment.

Describe the First amendment rights related to freedom of religion.

- Religious freedoms are defined by two clauses in the First Amendment -- the establishment clause and the free association clause. - They do not allow government to do anything to benefit any particular religion - It is also not allowed to do anything to hinder religious practice - The Court has struggled to precisely define exactly what constitutes "excessive government entanglement" in religion.

Explain why the Bill of Rights was added to the Constitution, and how it came to apply to the states.

- The Bill of Rights was included in the Constitution to respond to the demand of the Anti-federalists - These individual freedoms were only guaranteed from the federal government and did not extend to the state governments up until the late nineteenth century. - The Fourteenth Amendment and the process of selective incorporation has allowed for federal freedoms to have been gradually extended to the state levels.

Describe the major First Amendment rights related to freedom of speech.

- The First Amendment is the Supreme Court's attempt to balance individual freedoms and public good. - The Supreme Court prioritizes protecting individual rights to political speech, hate speech, symbolic speech, the freedom to assemble, and the freedom of the press unless under extreme circumstances. - The Court places a lower priority on fighting words, slander, libel, and commercial speech.

Describe the protections provided for people accused of a crime.

- The Fourth, Fifth, Sixth, and Eighth Amendments provide protections to individuals accused of a crime. - This is known as due process rights - Due process rights are very hard to define because standards of fairness and justice are hard to define

Explore why the second amendment's meaning on gun rights is often debated.

- The Supreme Court has done little to define what freedoms are established in the Second Amendment - They prefer to allow the national, state, and local governments to make their own laws. - Majority of Americans favor continued gun ownership - Limitations on Second Amendment rights appear unlikely.

Explain why the rights associated with privacy are often controversial.

- The term "privacy rights" is not found in the Constitution - It was established in a 1965 Supreme Court case - It's implied in several amendments in the Bill of Rights - It is controversial because of the lack of explicit language in the Constitution and lack of consensus on exactly what the right to privacy means

Prior Restraint

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

Miller Test

Established in Miller v. California, the Supreme Court uses that three-part test to determine whether speech meets the criteria for obscenity. If so, it can be restricted by government.

Gag Order

An aspect of prior restraint that allows the government to prohibit the media from publishing anything related to an ongoing trial.

Civil Liberties

Basic Political freedoms that protect citizens from governmental abuses of power.

Double Jeopardy

Being tried twice for the same crime. This is prevented by the Fifth Amendment.

d. the Bill of Rights

Civil liberties are rooted in what document? a. The Declaration of Independence b. The Federalist Papers c. the Magna Carta d. the Bill of Rights e. Article I of the Constitution

Direct Incitement Test

Established in Brandenburg v. Ohio, this test protects the threatening speech under the First Amendment unless that speech aims to and is likely to cause imminent "lawless action."

c. It was being inconsistently applied.

In 1972, the Supreme Court banned the death penalty for what reason? a. It deprived individuals of their rights to "life, liberty, or property." b. It was cruel and unusual. c. It was being inconsistently applied. d. It was racially biased. e. It was inconsistent with international law.

b. Lawrence v. Texas

In what case did the Supreme Court establish the right to privacy? a. Roe v. Wade b. Lawrence v. Texas c. Griswold v. Connecticut d, Gonzalez v. Oregon e. Lemon v. Kurtzman

Privacy Rights

Liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens' lives from governmental interference, such as the Fourth Amendment's protection against unreasonable searches and seizures.

Symbolic Speech

Nonverbal expression, such as the use of signs or symbols. It benefits from many of the same constitutional protections as verbal speech.

Substantive Due Process Doctrine

One interpretation of the due process clause of the Fourteenth Amendment; in this view the Supreme Court has the power to overturn laws that infringe on individual liberties.

Establishment Clause

Part of the First Amendment that states "Congress shall make no law respecting an establishment of religion," which has been interpreted to mean that Congress cannot sponsor or favor any religion.

Free Exercise Clause

Part of the First Amendment that states Congress cannot prohibit or interfere with the practice of religion.

Due Process Clause

Part of the Fourteenth Amendment that forbids states from denting "life, liberty, or property" to any person without due process of law. (A nearly identical clause in the Fifth Amendment applies only to the national government.)

b. the Fourth Amendment

Protections from unreasonable searches and seizures are guaranteed by which constitutional amendment? a. the Third Amendment b. the Fourth Amendment c. the Fifth Amendment d. the Seventh Amendment e. the Eighth Amendment

Commercial Speech

Public expression with the aim of making a profit. It has received greater protection under the First Amendment in recent years but remain less protected than political speech.

Slander

SPOKEN false statements that damage someone's reputation.

d. federal government

The Bill of Rights originally protected individuals from which level of government? a. all levels of American government b. state governments c. local governments d. federal governments e. the bureaucracy

c. the Fifth Amendment

The Miranda rights are protections that fall under which constitutional amendment? a. the Third Amendment b. the Fourth Amendment c. the Fifth Amendment d. the Seventh Amendment e. the Eighth Amendment

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.

Civil War Amendments

The Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, which abolished slavery and granted civil liberties and voting rights to freed slaves after the Civil War.

c. prayer in public schools

The establishment clause is invoked under which of the following circumstances? a. allowing "conscientious objectors" to avoid the military draft b. outlawing polygamy c. prayer in public schools d. allowing the Amish to keep children home from school after the eighth grade e. banning the handling of snakes in church service

Strict Scrutiny

The highest level of scrutiny the courts use when determining whether a low is constitutional. To pass this test, the law or policy must be shown to serve a "compelling state interest" or achieve that goal, and it must be the least restrictive means of achieving the goal.

Due Process Rights

The idea that laws and legal proceeding must be fair. The Consitution guarantees that the government cannot take away a person's "life, liberty, or property, without due process of law." Other specific examples of these rights are found in the Fourth, Fifth, Sixth, and Eighth Amendments, such as protection from self-incrimination and freedom from illegal searches.

a. Anti-federalists'; strong

The inclusion of the Bill of Rights in the Constitution reflects the _________ concerns that the federal government would be too __________. a. Anti-federalists'; strong b. Anti-federalists'; week c. Federalists'; strong d. Federalists'; weak e. presidents'; weak

Miranda Rights

The list of civil liberties described in the Fifth Amendment that must be read to a suspect before anything that suspects says can be used in a trial.

Intermediate Scrutiny

The middle level of scrutiny the courts use when determining whether a law is constitutional. To pass this test, the law or policy must further an important government interest in a way that is "substantially related" to that interest. That is, the law must use means that are a close fit to the government's goal and substantially broader than is necessary to accomplish that goal.

Exclusionary Rule

The principle tat illegally or unconstitutionally acquired evidence cannot be used in a criminal trial.

Selective Incorporation

The process through which the civil liberties granted in the Bill of Rights were applied to the states on a case-by-case basis through the Fourteenth Amendment.

a. passive; limited

Until 2008, the Supreme Court had been ___________ in defining Second Amendment laws, and its decisions generally ___________ gun rights. a. passive; limited b. passive; supported c. active; limited d. active; supported

Libel

WRITTEN false statements that damage someone's reputation.

b. the Fourteenth Amendment

Which amendment has been used as the basis for selective incorporation? a. the Eighth Amendment b. the Fourteenth Amendment c. the Tenth Amendment d. the Nineteenth Amendment e. the Fifth Amendment

b. the right to refuse to quarter soldiers

Which of the following freedoms guaranteed in the Bill of Rights is thought to imply a right to privacy? a. right to bear arms b. right to refuse to quarter soldiers c. right to secure legal counsel d. right to request a jury trial e. freedom of speech

b. clear and present danger test

Which test does the Court use to determine if speech is considered dangerous and should not be legally protected? a. Lemon test b. clear and present danger test c. Miller test d. direct incitement test e. the balancing test

a. Lemon test

Which test does the Supreme Court use to establish whether there has been "excessive government entanglement in religion"? a. Lemon test b. Kreutz test c. Miller test d. Meyer test e. Brandenburg test

b. Individual freedoms may conflict with the public good.

Why are civil liberties not absolute? a. Equality for a group under the law is hard to define b. Individual freedoms may conflict with the public good. c. Laws are often outdated and don't characterize modern society d. The Bill of Rights was intentionally weakened by the Anti-Federalists e. The Supreme Court generally decides not to hear cases concerning civil liberties.