Ch. 04 Civil Liberties InQuizitive

1. Protected Speech: 2. Unprotected Speech:

1. A protester burns the Texas state flag. A person protests outside of a politicians funeral. 2. Protesters rally closer to an abortion clinic than a local ordinance permits. A newspaper publishes detailed U.S. military positions during wartime.

Order these types of speech from most protected to least protected. 1. Symbolic Speech 2. Fighting Words 3. Freedom of the Press 4.Commercial Speech

1. Freedom of the Press 2. Symbolic Speech 3. Commercial Speech 4.Fighting words

The government, in pursuit of terrorists and other international criminals, has been accused of violating the privacy of American citizens. This is an example of the trade-off between civil --1-- and --2--.

1. Liberties 2. National Security

According to the maps provided, the --1-- tends to have the most permissive laws regarding access to abortion, while the --2-- tends to have the most restrictive.

1. West 2. South

Basic political freedoms that protect citizens from governmental abuses of power are called --1--, while things the government must do to ensure that citizens are protected from discrimination are called --2--.

1. civil liberties 2. civil rights

The --1-- is primarily concerned with Congress sponsoring or favoring a specific religion, whereas the --2-- has to do with Congress prohibiting or interfering with the practice of religion.

1. establishment clause 2. free exercise clause

The Fifth Amendment is similar to the --1--. It prevents citizens from being tried twice, which is also known as --2--.

1. fourth amendment 2. double jeopardy

In 2008, a landmark ruling in the Heller case recognized a(n) --1-- right to bear arms for the purpose(s) of --2--.

1. individual 2. self-defense and hunting

The Bill of Rights initially applied to the --1-- governments, while today the Bill of Rights applies to the --2-- governments.

1. national 2. national and state

The Fourth amendment protects citizens from unreasonable --1--. It does this by guaranteeing citizens due process of law and by applying the --2--, which makes evidence from illegal searches inadmissible.

1. searches and seizures 2. exclusionary rule

Read the following instances of commercial speech, and select those which can be regulated by the state.

A pastry shop places a large sign on the grounds of a local police station. Walter's Radar Detectors, Inc. advertises their illegal radar detectors. A juice company falsely claims that its product is a treatment for cancer.

Why was a Bill of Rights added to the Constitution?

Because Antifederalists demanded it for ratification of the Constitution.

Which of the following situations demonstrate libelous speech?

Correct: A newspaper falsely accuses a mayor of corruption with the intention of damaging his career. A magazine wants to boost its circulation runs an article making a knowingly false accusation about a senator running a gambling rink.

What parts of the Constitution have been used to expand the right to privacy?

Correct: First Amendment Fourth Amendment

Which terms is/are not associated with freedom of religion?

Correct: Direct Incitement test Slander

Which of the following is NOT one of the three parts of the Lemon test?

Does the practice discriminate against any one religion.

True or False The Newton, Connecticut, shooting in 2012 led to stronger national gun control laws.

False

The government cannot use new evidence to prosecute "Mary and Bob" once they have already been charged and won.

Fifth Amendment

Which of the following is most likely to be a violation of the free exercise clause?

Forcing government employees to work on Friday night or Saturday if those are their days of worship.

Which of these cases dealt with a right to privacy?

Griseold v. Connecticut Roe v. wade

Choose all of the following about the Brady Bill that are true.

It created stronger gun control laws. It was passed in the 1990's.

Selective Incorporation

Occurred in surges rather than smoothly or incrementally Involves civil liberties from the Bill of Rights being applied to the states the courts are most relevant branch of government when it comes to Selective Incorporation.

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

Right to habeas corpus. Prohibition against unreasonable ex post facto laws.

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.

Gideon v. Wainwright (1963) established the right to a publicly-funded defense attorney. The Supreme Court argued this right existed because of which amendment?

The 6th amendment

Why are the Miranda rights important?

The Miranda rights notify citizens that they have protection from self-incrimination. The Miranda rights remind citizens that there are lawyers paid for by the government to act on their defense. The Miranda rights remind citizens that they can use a lawyer in their defense.

Since 1976, when the Supreme Court reestablished the legal use of the death penalty, the Court has become steadily more restrictive in how it can be used.

True

Choose all of the following situations in which evidence from a warrant-less search would likely be permissible in court.

Using sobriety checkpoints that stop all drivers. Searching school lockers for stolen property if the police have probable cause.

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

the "wall of separation" refers to dissociation between church and state.

If someone printed a leaflet urging Americans to resist the military draft, this would violate which free speech tests?

the clear and present danger test

What document is the legal foundation for civil liberties of American citizens?

the first ten amendments of the Constitution