Chapter 5 vocab

Question 1

Civil Liberties

Answer 1

Constitutional freedoms guaranteed to all citizens

Question 2

civil rights

Answer 2

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.

Question 3

14th Amendment

Answer 3

Declares that all persons born in the U.S. are citizens and are guaranteed due process and equal protection of the laws

Question 4

Due Process Clause

Answer 4

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

Question 5

Equal Protection Clause

Answer 5

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Question 6

selective incorporation

Answer 6

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

Question 7

Gitlow v. New York

Answer 7

established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment

Question 8

Establishment Clause

Answer 8

Clause in the First Amendment that says the government may not set up or endorse an official religion.

Question 9

Free Exercise Clause

Answer 9

the First Amendment guarantee that citizens may engage in the religious activities of their choice

Question 10

Wisconsin v. Yoder

Answer 10

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 11

Oregon v. Smith

Answer 11

Banned the use of illegal drugs in religious ceremonies. Ruled that the government can act when religious practices violate criminal laws.

Question 12

Engel v. Vitale

Answer 12

The state cannot hold prayers in public schools, even if it is non-denominational or participation is not required.

Question 13

Lemon Test (Lemon v. Kurtzman)

Answer 13

used for deciding whether the government is improperly involved with religion. 1) Has a secular purpose. 2) Its primary effect neither advances nor inhibits religion. 3) It does not foster an excessive government entanglement with religion.

Question 14

Schenck v. United States

Answer 14

congress has wartime authority; established “clear and present danger” principle that can limit free speech

Question 15

Tinker v. Des Moines

Answer 15

Students have the right to symbolic speech at school as long as it is not disruptive

Question 16

Texas v. Johnson

Answer 16

A 1989 case in which the Supreme Court 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 17

McDonald v. Chicago

Answer 17

The right of an individual to “keep and bear arms” protected by the 2nd Amendment is incorporated by the 14th Amendment and applies to the states.

Question 18

Defamation

Answer 18

Act of harming or ruining another’s reputation

Question 19

Libel

Answer 19

A written defamation of a person’s character, reputation, business, or property rights.

Question 20

New York Times v. US

Answer 20

Supreme Court case protecting the freedom of the press by allowing the New York Times to publish the “Pentagon Papers” despite the Justice Department’s order to restrict it

Question 21

New York Times v. Sullivan

Answer 21

1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ “actual malice” and reckless disregard for the truth

Question 22

4th Amendment

Answer 22

Freedom from unreasonable searches and seizures

Question 23

exclusionary rule

Answer 23

improperly gathered evidence may not be introduced in a criminal trial

Question 24

Mapp v. Ohio

Answer 24

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

Question 25

Gideon v. Wainwright

Answer 25

Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

Question 26

Miranda v. Arizona

Answer 26

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.