Chap 8: Civil Liberties

Question 1

Civil liberties:

Answer 1

protections guaranteed 2 individuals from unreasonable gov restrictions; protect ppl from the gov taking away or restricting basic freedoms

Question 2

Selective incorporation

Answer 2

process through which SP court has expanded the protections w/in the Bill of Rights to also cover state laws and actions

Question 3

Due Process Clause:

Answer 3

clause in 14th A that restricts state govs from denying citizens their life, lib, or prop w/out fair trial

Question 4

Establishment clause

Answer 4

protects individuals from the gov requiring citizens to join or support a religion (1st A)

Question 5

Free exercise clause

Answer 5

protects individuals’ right 2 exercise and express their religious beliefs; allows ppl 2 practice their religion freely (1st A)

Question 6

Religious freedom in school…

Answer 6

• Students can’t pray during instructional time; can during non-instructional time or moment of silence
• staff can’t encourage or discourage prayer in their official capacity (teacher)
• school officials can’t lead prayed (but ok when club advisor)

Question 7

lemon test

Answer 7

test used 2 determine whether gov action violates the Establishment Clause; public money can not be used to fund religious private schools unless it passes the lemon test…

• must have secular purpose
• neither advances nor inhibits religion
• must not have excessive entanglement between the gov and religion

Question 8

Freedom of expression:

Answer 8

right to speak, publish, and protest (1st A)

Question 9

clear and present danger test

Answer 9

legal standard that speech posing an immediate serious threat to national security is not protected by the 1st A

Question 10

Prior restraint

Answer 10

suppression of material prior to publication on the grounds that it might endanger nat security; limitation on the press; censoring something before publication

Question 11

Symbolic speech

Answer 11

protected expressions in the form of images, signs, and other symbols

Question 12

Restrictions on freedom of expression

Answer 12

• Libel & Slander (Libel & slander cases very difficult to prove against pub officials; has to be w/ purpose; “they actually knew it wasn’t true”)
• Hate speech
• Obscenity & Pronography

Question 13

Libel

Answer 13

an untrue written statement that injures a person’s reputation (not protected)

Question 14

Slander:

Answer 14

untrue spoken expression that injures a person’s reputation (not protected)

Question 15

Hate speech:

Answer 15

speech w/ no other purpose but to express hatred, particularly towards members of a group identified by racial, ethnic, gender or sexual orientation

Question 16

Time, Place, Manner:

Answer 16

difficult for the gov to restrict free speech in pub places; gov can impose reasonable restrictions on time, place, and manner in protected speech

Question 17

Obscenity & Pronography:

Answer 17

words images or videos that depict sexual activity in an offensive manner that lack any artistic merit

Question 18

Miller test

Answer 18

standard used by courts to define obscenity (and therefore not protected by 1st A)

• Material must be patently offensive
• Must be w/out redeeming social value
• Contemporary community standards must be applied (different places may have different standards)

Child pornogrphy is not protected by 1st amendment & subject to full restriction + criminalization

Question 19

Freedom of Assembly:

Answer 19

right to peaceably assemble & to petition the gov

Question 20

warrant:

Answer 20

doc issued a judge authorizing the search; must have probable cause

Exception to needing a warrant:
hot pursuit, and reasonable cause

Question 21

Probable cause:

Answer 21

reasonable belief that a crime has been committed or that there is evidence of criminal activity

Question 22

Exclusionary rule:

Answer 22

evidence obtained w/o a warrant is not admissible in court

-if evidence is in plain sight ok to use

Question 23

grand Jury:

Answer 23

a group of citizens who decide whether or not there is enough evidence to charge a suspect
-does not decide whether someone is guilty or innocent, just determine if there is enough process 2 charge someone

Question 24

MIRANDA RIGHTS:

Answer 24

right to remain silent and have an attorney present during question; rights must be given by police to individuals suspected of criminal activity

Question 25

In what amendments are privacy implied?

Answer 25

1 ( freedom to choose any kind of religious belief and to keep that choice private), 3,4,5 (no self incrim),9, & 14th A (privacy is implied in liberty that can’t be taken away w/ out due process)

Question 26

1st A

Answer 26

freedom of speech, the press, assembly, religion, right 2 petition the gov

Question 27

2nd A

Answer 27

right to keep & bear arms

Question 28

3rd A

Answer 28

no forced quartering of troops in homes

Question 29

4th A

Answer 29

protects against unreasonable search & seizure

- gov must obtain warrant; exclusionary rule

Question 30

5th A

Answer 30

-protection against double jeopardy
-protection against self incrim
-right 2 due process of law
-right 2 just compensation when priv prop is taken by gov for pub use
(MIRANDA RIGHTS)

Question 31

6th A

Answer 31

-right to speedy & pub trial
-right 2 confront witnesses & compel favorable witnesses 2 testify in ones defense
-right to attorney (even if you can’t afford)
(right of defendants)

Question 32

8th A

Answer 32

• protects against exessive bail & fines
• protects against cruel and unusual punishment (death penalty does not violate the 8th however can not be used on juveniles nor ppl w/ cognitive disabilities)

Question 33

9th A

Answer 33

states that individuals have rights in addition to those expressly mentioned (beyond tights mentioned in Bill of rights); protection of rights not listed in cont

Question 34

10th A

Answer 34

powers not delegated 2 the fed gov are reserved to the state and people

Question 35

Gideon V Wainwright

Answer 35

Q: Does 6th A’s right to counsel in crim cases extend to defendants in state courts, even in cases in which the death penalty is not @ issue
» Gideon arrested for burglary; couldn’t afford lawyer argued 6th A entitles everyone to one, Florida court denied request and he defends himself @ trial and found guilty; after studying law in prison filed habeas corpus petition arguing he was improp imprisoned because refused right of 6th A

ruled in fav of Gideon
-concluded 6th A guarantee of council was fundamental right essential 2 fair trial therefore protection can be applied 2 state courts as well as fed under the 14th

Question 36

Tinker v Des Moines school district

Answer 36

Q: does a prohibition against wearing of armbands in pub school, as a form of symbolic speech, violate student’s freedom of speech guaranteed in 1st A?
» students wore armbands 2 school in protest of Vietnam war and were sent home + suspended for ban school placed on the use of these armbands; parents filed suit arguing violation of 1st A

ruled in fav of Tinkers:

• students retain right 2 freedom on speech while in pub school and armbands form of speech cuz expressing views
• schools can lim freedom of speech if they could make reasonable prediction that it would cause disruption 2 discipline and educational funct of school; but no evidence that the armbands would interfere w/ this

Question 37

roe v wade

Answer 37

Q: does Us const protect the right of a woman to obtain an abortion? (priv issue)
»texas law made it a felony 2 abort fetus; Roe wanted to terminate her preg and filed lawsuit claiming unconst

ruled in fav of Row

• 14th due process protects “liberty” which includes fundamental right 2 priv
• right 2 priv (also found in the 9th) broad enough to encompass a woman’s decision to terminate preg
• concluded the word “person in 14th A does not include the unborn (argument for rights of the fetus)
• restrictions placed: 1st tri no reg, 2nf states may reg but not prohibit, 3rd state may reg + prohibit as long as there is exception for abortions necessary 2 preserve life + health of mother

Question 38

engel v Vitale

Answer 38

Q: does the recitation of a prayer in pub school violate the establishment clause of 1st A?
» NY state education agency drafted voluntary NY regents prayer 2 be recited in schools; families argued that reciting the daily prayer in pub school violated 1st A establishment cluase

ruled in fav of engel
-unconst violated establishment clause:
religious activity composed by gov officials (school admin) & used as part of gov program (pub school instruction) 2 advance religious beliefs
-rejected claim “nondeminational & voluntary”

Question 39

NYT V US

Answer 39

Q: did gov efforts to prevent newspapers from publishing classified info given 2 them by gov leaker violate 1st A protection of freedom of the press
»NYT printed stories about pentagon papers (classified gov info leaked); NYt refused prez nixon order 2 stop printing; US gov sued for violation of espionage act + asked court 2 stop post from pub future stories about the papers; newspapers argued 1st A protected right 2 pub

ruled in fav of NYT:
gov carries burden of showing justification for imposition such as restraint & had not met burden in this case (narrow exception for immenant threat in time of war)
- press serves the governed not the gov: 1st A says congress shall pass now law abridging freedom of the press

Question 40

Wisconsin v yoder

Answer 40

Q: under what condition does the state’s interests in promoting compulsory education override parent’s 1st A right 2 free exercise of religion?
»Mr YOder & other amish families convicted for violating states compulsory law (requiring attendance till 16); AMish claimed their religion faith was endangered by exposure @ school; argued the 1st A rights violated

ruled in fav of Yoder:

• free exercise clause (1st A) prevented Wisconson from requiring ppl 2 send their children beyond age of 14 (8th grade)
• fams religious beliefs + practices outweighed states interest
• law-abiding + good citizens w/out it

Question 41

schenck v US

Answer 41

Q: did Schenck’s conviction under espionage act criticizing the draft violate 1st A free SPeecH right?
»schenck printed & distributed anti-war leaflets arguing conscription (compulsory service/the draft) was unconst// encouraging men 2 not register for the draft in WW1; convicted under espionage act 1917

ruled in fav of US

• during times of war goc may place additional restrictions on freedom of speech
• established clear and present danger test

Question 42

McDonald v chicago:

Answer 42

Q: does 2nd A right to keep and bear arms apply 2 state and local gov through the 14th A & thus lim Chicago’s ability to reg guns?
» Chicago adopted very strict handgun regs that had effect of a ban; McDonald sued arguing that the regs violatetheir14th A rights (14th A makes 2nd A right applicable to state and local govs)

ruled in fav of Mcdonald:

• 2nd A right is fully applicable t the states under 14th A (seld defense is a basic right/ right to keep & bear arms in fundamental to our lib)
• however reasonable restrictions still allowed (ban 4 felons or carrying on school prop)