Chapter 4: Civil Liberties

Question 1

Civil Liberties

Answer 1

Protections against government abuse

Question 2

Barron v Balitmore

Answer 2

Bill of Rights doesn’t apply to states

Question 3

14th amendment

Answer 3

• due process clause (liberties)

- equal protections (rights)

Question 4

Gitlow v. nY

Answer 4

1st amendment does apply to states through due process clause

Question 5

Selective incorporation

Answer 5

Most of the bill of rights to extend to states over time through 14th amendment

Question 6

Freedom of religion

Answer 6

• Establishment clause (wall of separation)

- Free Exercise Clause ( free to worship or not, as long as no harm comes to others)

Question 7

Free Speech/Press

Answer 7

• right to protest protected but depends on clear and present danger
• obscenity not protected
• libel/slander only protected if disregard for truth is proven
• symbolic speech usually protected (Texas v Johnson) (Tinker case)

Question 8

Prior restraint

Answer 8

Attempt to limit freedom of the press by preventing material from being published
- shield laws to protect sources

Question 9

4th amendment

Answer 9

Forbids unreasonable searches and seizures (need probable cause)

Question 10

Exclusionary rule

Answer 10

Lawyers cant use illegally obtained evidence

Question 11

Right to counsel

Answer 11

Accused may have counsel for defense (Gideon case)

Question 12

Miranda Rule

Answer 12

Forbids forced self-incrimination

Suspects must be informed of rights

Question 13

8th amendment

Answer 13

Forbids cruel and unusual punishment

Question 14

Right to privacy

Answer 14

Implied through 1,3,4,5,9

Question 15

Griswold v Ct

Answer 15

Established precedent for Roe v Wade

Question 16

Roe v Wade

Answer 16

Abortion rules
9th amendment (undefined rights)

Question 17

Why was a bill of rights added to the constitution?

Answer 17

Key states insisted on a bill of rights prior to the constitution

Question 18

The question of whether it violates the constitution for a public school teacher to lead her students in a moment of silence at the start of every school day interpretation of which clause?

Answer 18

Establishment clause

Question 19

The first case that incorporated Bill of Rights protections into state law was

Answer 19

Gitlow v NY

Question 20

A law satisfies the establishment clause for religion if legislation?

Answer 20

Has a secular legislative purpose

Question 21

The due process clause of the 14th amendment means that?

Answer 21

Legally established procedures must be used if rights and liberties are denied