Chapter Four

Question 1

A test established by the Supreme Court in Gitlow v. New York determining that any speech with the likelihood of inciting crime or disturbing the public peace can be silenced.

Answer 1

Bad Tendency Test

Question 2

Constitutionally established guarantees that protect citizens, opinions, and property against arbitrary government interference.

Answer 2

Civil Liberties

Question 3

A standard established in the 1919 Supreme Court case Schenck v. U.S. whereby the government may silence speech or expression when there is a clear and present danger that this speech will bring about some harm that the government has the power to prevent.

Answer 3

Clear and Present Danger Test

Question 4

A standard established in the 1951 case Dennis v. U.S. whereby the government could suppress speech to avoid grave danger, even if the probability of the dangerous result was relatively remote; replaced by the imminent lawless action (incitement) test in 1969.

Answer 4

Clear and Probable Danger Test

Question 5

Advertising statements that describe products.

Answer 5

Commercial Speech

Question 6

Safeguards for those accused of crime; these rights constrain government conduct in investigating crimes, trying cases, and punishing offenders.

Answer 6

Criminal Due Process Speech

Question 7

Supreme Court ruling stating that corporations and labor unions are entitled to the same First Amendment protections that individuals enjoy, resulting in drastically increased spending through super PACs by corporations and labor organizations.

Answer 7

Citizens United v. Federal Election Commission

Question 8

The trying of a person again for the same crime that he or she has been cleared of in court; barred by the Fifth Amendment.

Answer 8

Double Jeopardy

Question 9

The legal safeguards that prevent the government from arbitrarily depriving citizens of life, liberty, or property; guaranteed by the Fifth and Fourteenth Amendments.

Answer 9

Due Process

Question 10

The First Amendment clause that bars the government from passing any law “respecting an establishment of religion”; often interpreted as a separation of church and state but this is increasingly challenged.

Answer 10

Establishment Clause

Question 11

The criminal procedural rule stating that evidence obtained illegally cannot be used in a trial.

Answer 11

Exclusionary Rule

Question 12

The Supreme Court banned formal teacher- or adminstrator-led prayer in public elementary or secondary schools as a violation of the Establishment Clause of the First Amendment.

Answer 12

Engle v. Vitale

Question 13

Speech that is likely to bring about public disorder or chaos; the Supreme Court has held that this speech may be banned in public places to ensure the preservation of public order.

Answer 13

Fighting Words

Question 14

The First Amendment clause prohibiting the government from enacting laws prohibiting an individual’s practice of his or her religion; often in contention with the establishment clause.

Answer 14

Free Exercise Clause

Question 15

The Supreme Court decision establishing the bad tendency test, which determines that any speech with the likelihood of inciting crime or disturbing the public peace can be silenced.

Answer 15

Gitlow v. New York

Question 16

The Supreme Court determined that the Sixth Amendment’s guarantee to the right of counsel requires that the government provide an attorney for people who cannot afford to hire one.

Answer 16

Gideon v. Wainwright

Question 17

An ancient right that protects an individual in custody from being held without the right to be heard in a court of law.

Answer 17

Habeas Corpus

Question 18

A standard established in the 1969 Brandenburg v. Ohio case, whereby speech is restricted only if it goes beyond mere advocacy, or words, to create a high likelihood of immediate disorder or lawlessness.

Answer 18

Imminent Lawless Action Test (Incitement Test)

Question 19

A three-part test established by the Supreme Court in the 1971 case Lemon v. Kurtzman to determine whether government aid to parochial schools is constitutional; the test is also applied to other cases involving the establishment clause.

Answer 19

Lemon Test

Question 20

False written statements about others that harm their reputation.

Answer 20

Libel

Question 21

A concept at the core of the freedoms of expression and press, based on the belief that true and free political discourse depends on a free and unrestrained discussion of ideas.

Answer 21

Marketplace of Ideas

Question 22

A criminal procedural rule, established in the 1966 case Miranda v. Arizona, requiring police to inform criminal suspects, on their arrest, of their legal rights, such as the right to remain silent and the right to counsel; these warnings must be read to suspects before interrogation.

Answer 22

Miranda Rights

Question 23

This Supreme Court decision requires the states to guarantee their own citizens the Second Amendment’s protection of an individual’s right to own guns.

Answer 23

McDonald v. Chicago

Question 24

In this decision, the Supreme Court found that prior restraint of the press—prohibiting publication—violated the First Amendment’s protection of freedom of the press.

Answer 24

New York Times v. U.S.

Question 25

Indecent or offensive speech or expression.

Answer 25

Obscenity

Question 26

A form of censorship by the government whereby it blocks the publication of news stories viewed as libelous or harmful.

Answer 26

Prior Restraint

Question 27

The right of an individual to be left alone and to make decisions freely, without the interference of others.

Answer 27

Right to Privacy

Question 28

The Supreme Court decision that expanded the right of privacy to include a woman’s right to have an abortion, balanced by the state’s concern to protect the health of the woman and the potential of human life

Answer 28

Roe v. Wade

Question 29

The process by which, over time, the Supreme Court applied those freedoms that served some fundamental principle of liberty or justice to the states, thus rejecting total incorporation.

Answer 29

Selective Incorporation

Question 30

False verbal statements about others that harm their reputation.

Answer 30

Slander

Question 31

Nonverbal “speech” in the form of an action such as picketing, flag burning, or wearing an armband to signify a protest.

Answer 31

Symbolic Speech

Question 32

Established the clear and probable danger test whereby the government may silence speech or expression when there is a clear and present danger that this speech will bring about some harm that the government has the power to prevent.

Answer 32

Schenck v. United States

Question 33

Regulations regarding when, where, or how expression may occur; must be content neutral.

Answer 33

Time, Place and Manner Restrictions

Question 34

The theory that the Fourteenth Amendment’s due process clause requires the states to uphold all freedoms in the Bill of Rights; rejected by the Supreme Court in favor of selective incorporation.

Answer 34

Total Incorporation

Question 35

The Supreme Court decision protecting the political speech of school children in public schools as long as it does not interfere with the educational process.

Answer 35

Tinker v. Des Moines

Question 36

The Supreme Court found that an individual’s interest in the free exercise of religion outweighs the state’s interest in requiring education after the eighth grade.

Answer 36

Wisconsin v. Yoder