Chapter 4

Question 1

what are civil rights?

Answer 1

the freedom to participate in the full life of the community

Question 2

civil liberties?

Answer 2

the limits on government that allow people to freely exercise their rights

Question 3

what is selective incorporation?

Answer 3

extending protections from the Bill of Rights to state governments, one right at a time

Question 4

is the right to privacy explicitly stated in the constitution?

Answer 4

no, it’s the penumbras of other rights

Question 5

griswold v. Connecticut

Answer 5

discovered the right to privacy through striking down Connecticut’s condom ban

Question 6

roe v. wade?

Answer 6

drew on the right to privacy through striking down Texas abortion ban

Question 7

Planned parenthood v. Casey?

Answer 7

upheld a woman’s right to terminate her pregnancy during the first trimester, changed from judicial rule to judicial standard

Question 8

Lawrence v. Texas?

Answer 8

struck down Georgia’s antisodomy law, extending right to privacy to same sex couples

Question 9

what is the establishment clause?

Answer 9

in 1st amendment, government can’t establish a religion

Question 10

what is free exercise clause?

Answer 10

in 1st amendment, government can’t interfere in religious practices

Question 11

what is strict separation?

Answer 11

using the Lemon test to judge whether a law establishes a religion

Question 12

Engel v. Vitale

Answer 12

ruled that New York starting the school with a nondenominational prayer violated the establishment clause

Question 13

Lemon v. Kurtzman

Answer 13

said that Pennsylvania paying teachers who taught religious subjects in nonchurch affiliated schools was wrong

Question 14

Lemon test

Answer 14

laws must be secular
neither advance nor inhibit religion
can’t excessively entangle government in religion

Question 15

accommodation

Answer 15

the principle that government does not violate establish clause as long as it does not confer an advantage to some religions over other

Question 16

Sherbert test?

Answer 16

Adell Sherbert was a 7th day adventist who was fired for not going to work on a Saturday
Sherbert test: government must have a compelling interest for imposing a significant burden on someone practicing their faith

Question 17

Employment Division v. Smith

Answer 17

ruled that religious laws are okay if they apply to everyone

Question 18

Holt v Hobbs

Answer 18

ruled that government could not burden someone’s exercise of religion without compelling state reason

Question 19

freedom of speech equal in eyes of court?

Answer 19

no, gets preferred position

Question 20

clear and present danger?

Answer 20

court doctrine that permits restrictions of free speech if officials believe it will lead to prohibited action like violence or terrorism

Question 21

Schnek v. United States

Answer 21

clear and present danger limits on free speech

Question 22

symbolic expression

Answer 22

an act, rather than actual speech used to make point

Question 23

hate speech

Answer 23

hostile statements based on someone’s personal characteristics

Question 24

fighting words

Answer 24

expressions likely to provoke violent reaction and not necessarily protected by 1st amendment

Question 25

Tinker Supreme court case?

Answer 25

created Tinker rule: students’ right to free speech can be curtailed only if it materially and substantially interferes with the school

Question 26

modern time sketchy speech?

Answer 26

cyber bullying

Question 27

prior restraint

Answer 27

legal effort to stop speech before it occurs, censorship

Question 28

Near v. Minnesota

Answer 28

protected vulgar journalism

Question 29

miller test

Answer 29

3 part test for judging whether a work is obscene

1. sexually stimulating
2. depicts sex in an offensive way
3. lacks serious actual value

Question 30

libel

Answer 30

written falsehoods

Question 31

slander

Answer 31

spoken falsehoods

Question 32

McDonald v. Chicago

Answer 32

incorporated 2nd amendment to all states in 2010

Question 33

exclusionary rule

Answer 33

evidence obtained in an illegal search cant be used in trial

Question 34

grand jury

Answer 34

does not decide on guilt or innocence, only on whether there is enough evidence to go to actual trial, 5th amendment

Question 35

double jeopardy

Answer 35

can’t be tried for the same crime twice, 5th amendment

Question 36

Miranda v. Arizona

Answer 36

required police officers to inform suspects of the right to remain silent, 5th amendment

Question 37

6th amendent

Answer 37

right to counsel

Question 38

8th amendment

Answer 38

cruel and unusual punishment… death penalty?

Question 39

USA Patriot Act

Answer 39

legislation that sought to enhance national security passed after 9/11, forbids aiding terrorist organizations, upped unwarranted surveillance

Question 40

right of noncitizens?

Answer 40

unclear