Chapter 4- Civil Liberties

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Civil Liberties

Limit government actions against individuals

As originally presented in the Constitution, the Bill of Rights

Limited only the power of the national government, not that of the states

The Fourteenth Amendment has been used to

apply the Bill of Rights to the state governments

The Supreme Court began applying the Bill of Rights to state governments

only in 1925, in Gitlow v. New York, a case dealing with free speech

The incorporation theory

holds the view that most of the protections of the Bill of Rights aply to state and local governments’ activities through the Fourteenth Amendment

The establishment clause in the First Amendment

Has been aplied to questions of the legality of state and local government aid to religious organizations and schools. Means that neither the federal government nor state governments can set up a church. Is different than the free exercise clause. Has been used to decide the actions of government allowing or prohibiting school prayer.

The free exercise clause

limits the national government from prohibiting people from practicing their religions and is part of the Fourteenth Amendment

All of the following were ruled by the Supreme Court in Lemon v. Kurtzman except that

the states could not purchase computers for parochial schools

The term "separation of church and state"

was developed by Thomas Jefferson and refers to the establishment clause

A concern with school vouchers is that they may be used at religious schools and, therefore, violate

the establishment clause

In Engel v. Vitale (1962), the Supreme Court threw out the Regents’ Prayer used in New York public schools because

it is no part of the business of government to compose official prayers

The teacheing of evolution in public schools

Is constitutional, cannot be prohibited because that would be promoting a particular relgious viewpoint, was outlawed in the past, and is still a controversial issue today

All of the following are true about religious displays on public property except that

displays such as lights, Santa Claus, and reindeer have been allowed

The free exercise clause allows

one to believe whatever he/she may want

Prior restraint is defined as

restraining an activity before that activity has actually ocurred

The New York Times v. United States case

affirmed the no prior restrain doctrine

Symbolic speech is

the nonverbal expression of beliefs

All of the following are true of flag burning except

a constitutional amendment has been passed outlawing flag burning

According to the clear and present danger test, expression could be restricted if

evidence exists that such expression would cause a condition that would endanger the public

Obscenity

is based on community standards

The bad-tendency rule meant that

speech may be curtailed if there is a possibility that such expression might lead to some evil

In 1969, the Supreme Court in Brandenburg v. Ohio significantly broadened the protections afforded political speech by

protecting the advocacy of force so long as the advocacy was not directed at inciting imminent unlawful actions

To be considered obscene, a work

must lack serious redeeming literary, artistic, political, or scientifiv merit

In osborne v. Ohio, the Supreme Court ruled that states can outlas the possession of child pornography in the home

because owning the material perpetuates the commercial demand to exploit children

The Communications Decency Act of 1996 and the Children’s Online Protection act of 1998

have been blocked on constitutional grounds

Slander is

a false statement that harms the good reputation of another

In the area of freedom of speech,

high schools can impose restrictions that are not allowed in colleges, high school officials may censor school publications, some universities have prohibited "hate speech," and campus speech restrictions have usually been ruled unconstitutional

Libel is

defamation in writing

For a public official to obtain a damage award under libel laws, he or she must prove

actual malice

Gag orders have been used to

restrict the publication of pre-trial news

The Supreme Court has allowed municipalities to require permits for parades, sound trucks, and demonstrations

so that public officials may control traffic or prevent demonstrations from turning into riots

All of the following are true of the decision in Roe v. Wade except that

it settled the questions about abortion

In 1965, in Griswold v. Conneticut, a case involving the legality of contraceptives, the Supreme Court

held that the law violated the right to privacy

The Court has based the right to privacy on

the First Amendment, the Third and Fourth Amendments, the Fifth Amendment, and the Ninth Amendment

According to the Supreme Court ruling in Roe v. Wade, which of the following restrictions may the state place on abortions?

During the third trimester, the state may regulate or outlaw abortions except when necessary to preserve the life or health of the mother

In 1989, in Webster v. Reproductive health Services and Planeed Parenthood v. casey, the Supreme Court ruled that the state may

require public employeesto assist in abortions and requiretax-payer money to provide abortions

The 1994 Freedom of Access to Clinic Entrances Act

prohibits protestors from blocking entrances to abortion clinics

All of the following statements about "partial birth abortion" are true except that

individual states have not tried to ban the practice

Following Cruzan v. Director, Missouri Department of Health,

living wills became common

Some criticisism of the Patriot Act’s strengthening of governmental investigatory powers reflects

the fear that the increase powers may be used to silence government critics

With regard to physician-assisted suicide, the Supreme Court has said that

the liberty interest does not include a right to commit suicide

The Patriot Act that strengthned the government’s investigatory powers

has caused some concern that Fourth Amendment restriction on search and seizures may be violated

A defendant’s pretrial rights include all of the following except

no cruel or unusual punishment

the writ of habeus corpus is

the right to be brought before a court and have the reasons for detention explained

In Gideon v. Wain wright the Supreme Court ruled

that if one cannot afford an attorney the government must provide one

An individual’s trial rights include all of the following except

the right to not be subject to lengthy questioning

The Miranda rule

requires that suspects be read their rights before questioning

The exclusionary rule is a policy

forbidding the admission of illegaly seized evidence at trial

All of the following are true of the death penalty except that

in 2002, the Court ruled that persons under the age of nineteen cannot be put to death

Cruel and unusual punishment is prohibited by

the Eigth Amendment

Which Iowa Senatory recently announced that he will not seek another term?

Chuck Grassley

the United States Secretary of state is

John Kerry

The Senate Majority leader is

Harry Reid

The Senate Minority Leader is

Mitch McConnell

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