3. Civil Liberties & Civil Rights

Question 1

Civil liberties

Answer 1

Basic freedoms guaranteed in the Bill of Rights

Question 2

Civil rights

Answer 2

Basic rights to protect people against discrimination, based on 14A Equal Protection Clause

Question 3

Establishment Clause

Answer 3

Separation between church and state

Question 4

Symbolic free speech

Answer 4

Demonstrated through actions (right to burn flag)

Question 5

Direct free speech

Answer 5

Expressed in spoken or written words

Question 6

Restrictions on free speech

Answer 6

Government can restrict free speech if there is a compelling government interest

1. Time
2. Place
3. Manner

Question 7

Time restriction

Answer 7

Ex: disrupting flow of traffic

Question 8

Place restriction

Answer 8

1. Traditional public forums, lighter restriction (parks and streets)
2. Limited public forums, more restriction (public universities and state capitol buildings)
3. Nonpublic forums, most likely to intervene (military bases and private residences)

Question 9

Manner restriction

Answer 9

Scrutinized when a group or individual uses symbolic free speech to suppress others symbolically expressing themselves

Question 10

Content restrictions on free speech

Answer 10

1. Defamatory
2. Offensive
3. Obscene

Question 11

Defamatory speech

Answer 11

1. Libel

2. Slander

Question 12

Offensive speech

Answer 12

Fighting words

Question 13

Obscene speech

Answer 13

Miller test

1. Defies community decency standards
2. Exhibits sexual conduct condemned by state law
3. Void of any legitimate artistic, political, scientific, or literary value

Question 14

Limits on freedom of the press

Answer 14

1. Libel
2. Actual malice
3. Obscenity
4. Designed to incite violence
5. Leaking confidential information

Question 15

Prior restraint

Answer 15

Extreme form of print censorship involving prohibiting dissemination of information before publication

Question 16

Cruel and unusual punishment

Answer 16

1. Degrading to human dignity, especially torture
2. Severe and arbitrary
3. Rejected by society as a whole
4. Otherwise unnecessary

Question 17

Selective incorporation

Answer 17

1. 1868 - 14A
2. Judicial decisions that incorporate the states into the body of protections guaranteed by the Bill of Rights
3. Done on a case-by-case basis

Question 18

Procedural due process

Answer 18

Rules that guide the actions of police

Question 19

Substantive due process

Answer 19

Spirit of the law

Question 20

Exclusionary rule

Answer 20

Search warrant requirement

Question 21

Equal protection amendments

Answer 21

1. 13
2. 14
3. 15

Question 22

Civil Rights Act

Answer 22

1964

1. Equal employment
2. Prohibited discrimination based on race, religion, or nationality
3. Did not address sex

Question 23

Title IX

Answer 23

1972

Prohibits sex discrimination in federally funded education programs

Question 24

Voting Rights Act

Answer 24

1965

1. Banned literacy tests
2. Prohibited discriminatory state/local voting laws
3. Fed oversight of voter registration