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 |