Chapter 4: Civil Liberties And Public Policy

Question 1

Barron v. Baltimore

Answer 1

The bill of rights and states
SCOTUS case decision holding that the Bill of Rights restrained only the national government not the states and cities

almost a century later the court first rolled and Gitlow v. New York that state governments bus respect some First Amendment rights

Question 2

Gitlow v. New York

Answer 2

The bill of rights and states
1942 case holding freedoms of press and religion are fundamental personal rights and liberties protected by due process clause of the 14th amendment from impairment by states and local gov’t

Question 3

14th amendment

Answer 3

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without –due process of law–; nor deny to any person within its jurisdiction the –equal protection– of the laws.

Question 4

Selective incorporation

Answer 4

A judicial doctrine whereby most but not all of the protections found int he Bill of Rights are made applicable to the states via the Fourteenth Amendment

Question 5

10 amendments

Answer 5

Study old cards for bill of rights

Question 6

Lemon v. Kurtzman

Answer 6

Establishment clause
Scotus decision that established that aid to church related schools must
1. have secular legislative purpose
2. have a primary effect that neither advances nor inhibits religion
3. does not foster excessive government entanglement with religion

Question 7

Engel v. Vitale

Answer 7

Establishment clause
Scotus decision holding that state officials violated the First Amendment when they wrote a prayer to be recited in New York’s schools

Question 8

Abington v. Schempp

Answer 8

Establishment
Scotus decision holding that a Pennsylvania law requiring voluntary Bible reading in schools violated the establishment clause

Question 9

Employment devision v. Smith

Answer 9

Free exercise-
Allowed to prosecute for Illegal drugs in religion

Decided that what state laws interfering with religious practices, but not specifically aimed at religion, are constitutional as long as it does not ban religious practices because they are engaged in for religious reasons

Question 10

Reynolds v. US

Answer 10

Free exercise

Polygamy is unconstitutional for religion

Question 11

Wisconsin v. Yoder

Answer 11

Free exercise
Drop out of school
Court held that individual’s interests in the free exercise of religion under the First Amendment outweighed the State’s interests in compelling school attendance beyond the eighth grade.

Question 12

Pure speech

Answer 12

Spoken or written words

Question 13

Texas v. Johnson

Answer 13

Symbolic speech
Scotus struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment

Question 14

Gitlow v. New York- Freedom of speech v. National security and public order

Answer 14

Freedom of speech v. National security and public order
Tendency to cause harm
state may forbid both speech and publication if they have a tendency to result in action dangerous to public security, even though such utterances create no clear and present danger.

Question 15

Schenck v. U.S.

Answer 15

clear and present dangers

Scotus decision upholding the conviction of a socialist who had urged young men to resist the draft in World War
Held the government can limit speech if it provokes a clear and present danger of substantial evils

Question 16

Band tendency doctrine

Answer 16

interpretation of the first amendment that would allow the congress or state legislatures to prohibit or limit speech or expression that had the tendency to cause or incite illegal activity.

Question 17

NYT v. Sullivan

Answer 17

Defamatory Speech

Scotus established guidelines for determining whether public officials and public figures could wind damage suits for libel

to do so individuals must prove that the defamatory statements were made with actual malice and reckless disregard for the truth

Question 18

Roth v. U.S.

Answer 18

Obscenity
Scotus decision ruling that obscenity is not within the area of constitutionally protected speech or press
(Very subjective)

Question 19

Miller v. California

Answer 19

Obscenity

Scotus decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a prudent interest and being patently offensive and lacking in value

Question 20

Near v. Minnesota

Answer 20

Freedom of press v. National security & prior restraint

Scotus decision holding that the First Amendment protects newspapers from prior restraint

Question 21

Zurcher v. Standford Daily

Answer 21

Freedom of Press v. National security

Scotus decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press

Question 22

Tinker v. Des Moines

Answer 22

Students expression rights

held that the students did not lose their First Amendment rights to freedom of speech
In order to justify the suppression of speech, the school officials must be able to prove that the conduct would “materially and substantially interfere” with the operation of the school.

Question 23

Bethel v. Fraser

Answer 23

Students expression rights

First Amendment did not prohibit schools from prohibiting vulgar and lewd speech since such discourse was inconsistent with the “fundamental values of public school education.”

Question 24

Morse v. Frederick

Answer 24

Students expression rights

“Bong hits 4 Jesus”
school officials can prohibit students from displaying messages that promote illegal drug use.

Question 25

Hazelwood v. Kuhlmeir

Answer 25

Students expression rights

Principle deletes articles
schools retained the right to refuse to sponsor speech that was “inconsistent with ‘the shared values of a civilized social order.’”

Question 26

Federal communication commission FCC

Answer 26

Regulates the content nature and very existence of radio and television broadcasting in the United States

radio and television stations need licenses

Question 27

Commercial speech

Answer 27

Communication in the form of advertising it can be restricted more than many other types of speech but has been receiving increased protection from the supreme court

Question 28

Federal Trade Commission

Answer 28

Decides what kinds of goods may be advertised on the radio and television and regulates the content of such advertising

responds to changes in social Moore’s and priorities (ex) tampon commercials)

Question 29

Right to peaceably assemble and limitations

Answer 29

First amendment
Within reasonable limits (called time place and manner restrictions) freedom of assembly includes the right to parade, picket, and protest
whatever a groups cause is
no spontaneous demonstration- they must have a permit
Police must be able to prevent disruption

Question 30

Snyder v. Phelps

Answer 30

Assembly
The Court held that the First Amendment shields those who stage a protest at the funeral of a military service member from liability.

Question 31

NAACP v. Alabama

Answer 31

Freedom to associate (who share a common interest)

The Supreme Court protected the right to assemble peaceably in this case and it decided that the NAACP did not have to reveal its membership list and subject its members to harassment

Question 32

DC v. Heller

Answer 32

Right to Bear Arms
Second amendment protects an individual right to possess a firearm unconnected with service and a militia and to use that arm for traditionally lawful purpose such a self-defense (heller)

Question 33

Exigent circumstances

Answer 33

• if someone is injured or threatened and hot pursuit
• some ariel searches
• random intoxication tests
• drug dogs
• stop and frisks

Question 34

Weeks v. U.S

Answer 34

Created and applied Exclusionary rule

Question 35

Mapp. V. Ohio

Answer 35

Exclusionary (applied to states)

Scotus decision ruling that the fourth amendment protection against unreasonable searches and seizures must be extended to the states is most of the federal government under the 14th amendment

Question 36

USA Patriot Act

Answer 36

Strengthens the federal government’s power to conduct surveillance, perform searches, and detain individuals in order to combat terrorism.

Question 37

Miranda v. Arizona

Answer 37

Self incrimination

The Scotus decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect the right to counsel

Question 38

Double jeopardy

Answer 38

Being accused and put on trial of a crime twice

Question 39

Gideon v. Wainwright

Answer 39

Right to counsel (applied to states)

Scotus decision holding that anyone accused of a felony where imprisonment may be imposed, however poor here she might be, has the right to a lawyer

Question 40

Plea-bargain

Answer 40

A bargain struck between the defendants lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime or fewer crimes in exchange for the states promise not to prosecute the defendant for a more serious or additional crime

Question 41

Terrorists rights

Answer 41

Right to be presented with the trials against them

Question 42

Furman v. Georgia

Answer 42

Eighth amendment

Overturned George’s death penalty loud because the state and post the penalty in a freakish and random manner

Question 43

Gregg v. Georgia

Answer 43

Eighth amendment

Scotus decision that upheld the constitutionality of the death penalty stating it is an extreme sanction for the most extreme of crimes
the court did not therefore believe that the death sentence constitutes cruel and unusual punishment

Question 44

McCleskey v. Klemp

Answer 44

Eighth amendment

Scotus decision that upheld the constitutionality of the death penalty against charges that it violated the 14th amendment because minority defendants were more likely to receive the death penalty then were white defendants
(No evidence for discrimination)

Question 45

Difficulties for death row inmates

Answer 45

Evidence of racism and discrimination
Made it difficult to file petitions
Allowed victim impact statements

Question 46

DNA evidence Impact

Answer 46

Has been used to prove many inmates on death row innocent

Question 47

Griswald v. Connecticut

Answer 47

Privacy
Various portions of the Bill of Rights cast pre-numerous or shadows unstated liberties implied by the explicitly stated rights protecting a right to privacy including a right to family planning between husband-and-wife

Question 48

Roe v. Wade

Answer 48

Privacy and abortion
SCOTUS decision holding that a state band on all abortions was unconstitutional
forbade state control over abortions during the first trimester pregnancy permitted states to limit abortions to protect the mothers house in the second trimester
permitted states protect the fetus during the third trimester

Question 49

Planned Parenthood v. Casey

Answer 49

Privacy- abortion

A case in which the Supreme Court loosened it standard for evaluating restrictions on abortion from one of strict scrutiny of any restraints on the fundamental right to one of undue burden the permits considerably more regulation

24 hour waiting period, parental or judicial consent, doctors must inform of risks

Question 50

Protect women’s access to clinics

Answer 50

Congress passed the freedom of access to clinic entrances act which makes it a federal crime to intimidate abortion providers or women seeking abortions
in 2000 it up held at 100 foot buffer zone