Chapter Fifteen: Civil Liberties

Question 1

Civil liberties

Answer 1

basic freedoms and rights in Bill of Rights and 14th amendment

Question 2

Fourteenth amendment

Answer 2

basic guarantee of civil rights and civil liberties
Dont - Due process
Eat - Equal protection
Peas - Privileges and immunities

Question 3

Incorporation

Answer 3

SELECTIVE (not all 1st 10 amendments have been incorporated) - Barron v. Baltimore, Gitlow v. New York, Gideon v. Wainwright, 14TH AMENDMENT - process of applying the Bill of Rights to the states

Question 4

Dual citizenship

Answer 4

Bill of Rights doesn’t apply at state level - Barron v. Baltimore - protections are differ between state and federal governments

Question 5

Libel

Answer 5

written statement that attacks another person’s character (not automatically protected) - hard to prosecute because you have to prove premeditated malicious intent (public figures are treated differently - harder to get away with - than private figures when libel is in question)

Question 6

Obscenity

Answer 6

not protected - determined by Miller test

Question 7

Symbolic speech

Answer 7

Texas v. Johnson - largely protected

Question 8

Right to Privacy

Answer 8

doesn’t appear in Constitution or Bill of Rights - reproductive rights - Griswold v. Connecticut

Question 9

Roe v. Wade

Answer 9

legalizes certain abortions

Question 10

Due process

Answer 10

equality before the law, 5th and 14th amendment prohibit state and federal governments from trespassing upon your rights without due process of law

Question 11

Eminent domain

Answer 11

power to claim private property for public use

Question 12

4th amendment

Answer 12

freedom from unreasonable search and seizure - Mapp v. Ohio

Question 13

Miranda v. Arizona

Answer 13

incorporates fifth amendment rights at state level

Question 14

8th amendment

Answer 14

prohibits cruel and unusual punishment - excessive fines are only part that haven’t been incorporated

Question 15

Protections of civil liberties in Constitution outside of amendments

Answer 15

writ of habeas corpus, no bills of attainder, no ex post facto laws, trial by jury in federal courts in criminal cases, protection as citizens move from one state to another, no titles of nobility, limits on punishment for and use of the crime of treason, no religious oaths for holding public office, guarantee of republican government for all states

Question 16

Writ of habeas corpus

Answer 16

“produce the body” - court order requiring government officials to present a prisoner in court and to explain to the judge why the person is being held - Congress can suspend habeas corpus

Question 17

Ex post facto laws

Answer 17

a law that convicts someone who committed a crime before it was made illegal - retroactive

Question 18

Bill of attainder

Answer 18

legislative act that punishes and individual or group without judicial trial

Question 19

Barron v. Baltimore

Answer 19

SCOTUS ruled that Bill of Rights didn’t apply to the states

Question 20

Gitlow v. New York

Answer 20

found guilty of breaking a New York sedition act after handing out pamphlets that supported socialism - Supreme Court ruled that his 1st amendment rights were violated and said that fundamental personal rights were protected from infringement by states in 14th amendment (incorporated the 1st amendment)

Question 21

Strict scrutiny

Answer 21

SCOTUS test to see if a law violates equal protection - law must have compelling government and be narrowly tailored - laws reviewed under strict scrutiny are often ruled unconstitutional

Question 22

Lemon v. Kurtzman and the Lemon Test

Answer 22

direct state aid could not be used to subsidize religious instruction - Lemon test determines if a law violates the establishment clause:

1. must have secular legislative purpose
2. cannot advance or inhibit a religion
3. Cannot foster excessive government entanglement with religion

Question 23

Engle v. Vitale

Answer 23

state required prayer in schools violates the establishment clause

Question 24

Sedition Act of 1798

Answer 24

made it a crime to utter or publish anti-government statements with the “intent to defame”

Question 25

Sedition Act of 1918

Answer 25

forbid individuals to utter, print, write, or publish language intended to incite resistance to the US government

Question 26

Espionage Act of 1917

Answer 26

forbid false statements that intended to interfere with US military forces or materials to be mailed if they violated the law or advocated resistance to government

Question 27

Schenck v. US

Answer 27

Schenck was a socialist who mailed circulars to young men urging them to resist the military draft - was convicted under Espionage Act of 1917 - SCOTUS upheld his conviction - differentiated language critical of government and language that was a “clear and present danger” to national security - “clear and present danger” test became standard to balance national security and freedom of speech

Question 28

Griswold v. Connecticut

Answer 28

a doctor and family-planning specialist arrested for disseminating contraceptives - SCOTUS ruled in favor of the Dr. and Fam-planning specialist -established right to privacy