Civil Liberties Unit

Question 1

What was the Sedition Act (1798) and what rights were in conflict?

Rights in Conflcit

Answer 1

Made it illegal to talk bad about the government

free speech (of anti-gov ppl) vs. government’s right to protect nations security

security b/c the gov feared anarchy if talking bad allowed

Question 2

What was the Espionage & Sedition Acts (1917-18) and what rights were in conflict?

Rights in Conflict

Answer 2

Made it illegal to…
* tell lies that would harm the military,
* mail, say, or write anything against the government

free speech (of anti-gov ppl) vs. government’s right to protect nations security

Question 3

What was the Smith Act (1940) and what rights were in conflict?

Rights in Conflcit

Answer 3

Made it illegal to promote rebellion with force or violence

free expression (of anti-gov ppl) vs. gov’s right to protect national security

Question 4

What was the Internal Security Act (1950) and what rights were in conflict?

Rights in Conflcit

Answer 4

Communits must register with the government

free expression (of communists) vs. free speech vs. government’s right to protect nations security

Question 5

What was the Communist Control Act (1954) and what rights were in conflict?

Rights in Conflcit

Answer 5

Made being communist illegal

free expression (of communists) vs. free speech vs. government’s right to protect nations security

Question 6

What is the common pattern of laws made in war (what rights are usually in conflict)?

Rights in Conflict

Answer 6

Free expression of minorities vs. free speech vs. government’s right to protect nations security

Question 7

What was the effect of immigration on how we interpret the Bill of Rights?

Cultural Conflicts

Answer 7

Immigration leads to different people with different backgrounds and views on our rights, leading to much more conflict on how to interpret and implement them

Jewish vs. Catholics - should Christ be displayed on gov bhuildings?

1st amendment, freedom to exercise (Catholics) vs. no establishment of religion (Jewish)

Question 8

How was the Bill of Rights originally applied?

Apllying the Bill of Rights to the States

Answer 8

Only applied to the federal government

Question 9

What amendment allowed the Bill of Rights to apply to the states?

Apllying the Bill of Rights to the States

Answer 9

14th amendment

Question 10

What does the due process clause of the 14th amendment mean?

Apllying the Bill of Rights to the States

Answer 10

It means that the states cannot take away our rights (including life, liberty, or property) away without due process

ex. (doing proper process, going to court, giving trial, etc)

Question 11

What does the equal protection clause of the 14th amendment mean?

Apllying the Bill of Rights to the States

Answer 11

It means all states must be fair and apply it’s laws to everyone, not just some people

ex. (can’t let white criminals off easier than black criminals)

Question 12

Incorporation

Which 2 court cases interpreted the 14th amendment to mean that the Bill of Rights applies to the states?

Apllying the Bill of Rights to the States

Answer 12

Gitlow v. New York (1925)
* the first amendment (specifically) applies to the states

Palko v. Connecticut (1937)
* certain rights (from bill) apply to states

Reasoning: For states to have due process and equal protection (aka justice), they must protect Bill of Rights since it is so fundamental to justice

Question 13

What does it mean for a constitutional right to be fully incorporated?

Apllying the Bill of Rights to the States

Answer 13

It means that the court believes the right is fundamental (to have due process and euqal protection) and should be applied to all states

ex. 1st amendment is considered “fundamental” by the Supreme Court, so it has been totally incorporated into the states.

So flag burning is allowed in all states because it is protected by 1st amendment.

Question 14

What does it mean for a constitutional right to be selectively incorporated?

Apllying the Bill of Rights to the States

Answer 14

It means that the Court believes that the right isn’t fundamental (to have due process and equal protection), and is not going to force it to be incorporated

ex. 5th amendment (right to remain silent) isn’t constitutionally protected in state courts (unless the state says so), but is in all federal courts

Question 15

When testing limits on expression…

what is the court’s preferred position?

1st amendment

Answer 15

freedom of expression > other rights (usually)

Question 16

When testing limits on expression…

what is the court’s thoughts on prior restraint of expression?

1st amendment

Answer 16

NO PRIOR RESTRAINT!! But can punish expression after it’s been done.

Question 17

When testing limits on expression…

what is the court’s thoughts on expression causing imminent danger ?

1st amendment

Answer 17

If expression causes a clear and present danger, it should be punished

Question 18

When testing limits on expression…

what does it mean for the court to like neutral restrictions on expression?

1st amendment

Answer 18

Restrictions should not favor 1 group’s expression over another

(ex. can’t protect rallies by Jewish people over Catholics, or vice versa)

Question 19

When testing limits on expression…

what does it mean for the court to like clarity in restrictions on expression?

1st amendment

Answer 19

Restrictions should clearly lay out what expression is illegal and what the punishment is

Question 20

When testing limits on expression

what does it mean for the court’s to prefer the least restrictive restrictions on expression?

1st amendment

Answer 20

If the right to expression conflicts with another right, than the restriction of either right must be as least restrictive as possible.

Question 21

Define symbolic speech

Symbolic speech

Answer 21

actions that show a person’s political message

Question 22

How does the protection of symbolic speech compare to real speech?

Symbolic speech

Answer 22

Symbolic speech is protected by the 1st amendment, but not when it harms somebody (no longer symbolic).

Unlike real speech which is generally more allowed since there’s no question of if it’s real.

ex.
yes burning flag (not harming anyone)
no arson (harmful to people)
no burning draft card (harms government’s ability to draft people)

Question 23

Describe how Schenck v. US (1919) affected the 1st amendment

1st amendment - expression

Answer 23

Limited first amendment right to free expression.

First amendment does not protect expression that causes a clear and present danger of illegal activity

Question 24

Describe how Chaplinsky v. New Hampshire (1942) affected the 1st amendment

1st amendment - expression

Answer 24

Limited first amendment right to free expression.

First amendment does not protect “fighting words”

Question 25

Describe how New York Times v. Sullivan (1964) affected the 1st amendment ## Footnote 1st amendment - expression

Answer 25

Protected first amendment right to free expression. Only way to libel a celebrity is through **actual malice** (so bad mouthing them is okay as long as you're not being evil)

Question 26

Describe how Tinker v. Des Moines (1969) affected the 1st amendment ## Footnote 1st amendment - expression

Answer 26

Protected first amendment right to free expression. Allowed students to wear anti-Vietnam wristbands as long as they don't disrupt class

Question 27

Describe how Miller v. California (1973) affected the 1st amendment ## Footnote 1st amendment - expression

Answer 27

Limited freedom of expression. Did not protect distribution of obscene materials (porn), clarified definition of "obscene materials"

Question 28

Describe how Texas v. Johnson (1989) affected the 1st amendment ## Footnote 1st amendment - expression

Answer 28

Protected freedom of expression. Allowed symbolic speech that doesn't harm people, specifically flag burning

Question 29

Describe how Reno v. ACLU (1997) affected the 1st amendment ## Footnote 1st amendment - expression

Answer 29

Protected freedom of expression. (in the sense that *laws must be clear when limiting it*) Struck down law banning "sending indecent things to minors" because it was too vague, so kinda allowed sexting minors

Question 30

Describe how FEC v. Wisconsin Right to Life (2007) affected the 1st amendment ## Footnote 1st amendment - expression

Answer 30

Protected freedom of expression Allowed issue ads (ads bringing awareness to an issue), before: BCR Act banned financing for a canidate 60 days before the election, issue ads were deemed unrelated to the election so they are okay

Question 31

Describe how Citizens United v. FEC (2010) affected the 1st amendment ## Footnote 1st amendment - expression

Answer 31

Protected freedom of expression. Allowed companies to spend money on ads non-canidate or party related.

Question 32

What does the free-exercise clause of the 1st amendment mean? ## Footnote Church and State

Answer 32

Congress can't ban the exercise of any religion (do whatever you want as long as you don't harm others)

Question 33

What does the establishment clause of the 1st amendment mean? ## Footnote Church and State

Answer 33

Congress can't make any laws respecting the establishment of a religion (wall of seperation between church and state)

Question 34

What is the nature of the implementation of the free exercise and establishment clauses? ## Footnote Church and state

Answer 34

Very complex and unclear The court sometimes rules in favor of religions, and other times the seperation between church and state, and sides with whichever right it deems more important, making it's behavior usually favor 1 religion over the others.

Question 35

Describe how Pierce v. Society of Sisters (1925) affected the 1st amendment ## Footnote 1st amendment - religion

Answer 35

free-exercise Cannot force students to go to public schools (private religious schools are okay)

Question 36

Describe how Everson v. Board of Education (1947) affected the 1st amendment ## Footnote 1st amendment - religion

Answer 36

wall of seperation Established the wall of seperation

Question 37

Describe how Zorauch v. Clauson (1952) affected the 1st amendment ## Footnote 1st amendment - religion

Answer 37

free-exercise (allowing) Children can be released from school for religious instruction

Question 38

Describe how Engel v. Vitale (1962) affected the 1st amendment ## Footnote 1st amendment - religion

Answer 38

wall of seperation (restrictive) no prayers (even non-religious ones) in public schools

Question 39

Describe how Lemon v. Kurtzman (1971) affected the 1st amendment ## Footnote 1st amendment - religion

Answer 39

wall of seperation (restrictive) Made 3-prong test for judging government activity in religion (if it matches prongs, it's good)

Question 40

Describe how Lee v. Weisman (1992) affected the 1st amendment ## Footnote 1st amendment - religion

Answer 40

wall of seperation (restrictive) No clergy-led prayers at public school graduation (school = government)

Question 41

Describe how Santa Fe Independment School District v. Doe (2000) affected the 1st amendment ## Footnote 1st amendment - religion

Answer 41

Wall of seperation (restrictive) no student led prayers at public school's football games

Question 42

Describe how Zelman v. Simmons-Harris (2002) affected the 1st amendment ## Footnote 1st amendment - religion

Answer 42

wall of seperation (allowing) Vouvher plans that help pay school bills are allowed to be given to private/religious schools too (vouchers and paying bills isn't religious)

Question 43

Identify the 3 requirements to pass the 3 prong test ## Footnote Church and State

Answer 43

1. Strictly non-religious purposes 2. Doesn't harm or help any religion 3. No excessive government involvement in religion

Question 44

What is the 1st amendment? ## Footnote Know the Bill of Rights

Answer 44

Freedom of expression! (religion, speech, press, assemble, and petition)

Question 45

What is the 2nd amendment ## Footnote Know the Bill of Rights

Answer 45

Right to bear arms!!

Question 46

What is the 3rd amendment? ## Footnote Know the Bill of Rights

Answer 46

No quartering soldiers ! (Remember: 3's a crowd) ## Footnote This amendment isn't talked about much because it's not very controversial

Question 47

What is the 5th amendment? ## Footnote Know the Bill of Rights

Answer 47

* right to remain silent (includes not self-incriminating) * Have Grand Jury (jury for criminal cases) * no double jeopardy * due process!! (but not to states yet) | Rights when *being accused* of crime

Question 47

What is the 4th amendment? ## Footnote Know the Bill of Rights

Answer 47

**Police need a warrant!** Right to no unreasonable search and seizure without a warrant given due to probable cause of crime

Question 48

What is the 6th amendment? ## Footnote Know the Bill of Rights

Answer 48

* Speedy and public trial (jury)!! * Trial must be fair (Knowledge of what crime is, of witnesses against you, and a way to protect yourself in court) | Rights *during* trial for crime

Question 49

What is the 7th amendment? ## Footnote Know the Bill of Rights

Answer 49

Lawsuits of $20+ should be given a jury

Question 50

What is the 8th amendment? ## Footnote Know the Bill of Rights

Answer 50

No cruel and unusual punishments or excessive bail

Question 51

What is the 9th amendment? ## Footnote Know the Bill of Rights

Answer 51

You have other rights than just the constitutional ones

Question 52

What is the 10th amendment? ## Footnote Know the Bill of Rights

Answer 52

States have reserved powers

Question 53

Describe the 2 ways governments could protect people from unreasonable search, and identitfy the one the US uses ## Footnote Crime and Due Process

Answer 53

1. Allow evidence gathered through unreasonable search to be used in trial, but punish the police for finding it illegally 2. Don't allow illegal evidence in trial (US)

Question 54

Discuss why the **Exclusionary Rule** came about

Answer 54

Exclusionary rule = no illegal evidence in trials, created in order **to protect people from unreasonable searches** by making them worthless (Police think: even if you find good evidence through an illegal search, your evidence won't be used = won't do illegal searches)

Question 55

Describe the 2 situations that a police search and seizure is **reasonable**? ## Footnote Search and Seizure

Answer 55

1. Search warrant (need probable cause) 2. Lawful arrest

Question 56

Describe what makes an arrest lawful ## Footnote Search and seizure

Answer 56

1. Arrest warrant 2. Did crime in front of the police 3. Probable cause of you doing a big crime (usually felonies)

Question 57

Describe what constitutes a voluntary confession ## Footnote Confessions and self-incrimination

Answer 57

Miranda Rule: 1. Person is fully and clearly informed of right to remain silent 2. Person has an attorney (provided for free if they can't afford one) 3. Person clearly volunteered ## Footnote If confession involuntary = excluded as evidence!!

Question 58

Describe the **good faith exception** ## Footnote Relaxing the exclusionary rule

Answer 58

"Illegal" evidence can be used if the error in gathering it is minor ex. Police thought a door was the bedroom, but it was a pantry with a ton of illegal cocaine ## Footnote Basically, the police weren't *trying* to find evidence illegally, but they did

Question 59

Describe the **public safety exception** ## Footnote Relaxing the exclusionary rule

Answer 59

If the suspect is a public safety threat, Miranda Rule does not need to be said immediately (and evidence gathered through that is valid) ## Footnote ex. suspect might have a gun on him= urgent public safety threat = make sure he doesn't have a gun before reading his miranda rights

Question 60

Describe the **inevitable discovery** exception ## Footnote Relaxing the exclusionary rule

Answer 60

If evidence would've been found anyway, illegal evidence is allowed in trial ## Footnote ex. Man killed child and police illegally interrogated him and found the body, but the body would've been found anyway so evidence was still used

Question 61

Describe the effect of the US Patriot Act (2001) ## Footnote Terrorism and Civil Liberties

Answer 61

Gave the government **power to investigate and prosecute people with much less restriction** Powers: Telephone taps, internet taps, spy on voice mail. grand jury info, incriminate immigrats, track money, harsher punishments for terrorist activity ## Footnote ex. NSA's warantless surveillance of people's phone calls, messages, etc

Question 62

Describe how terrorist activity works in Court ## Footnote Terrorism and Civil Liberties

Answer 62

* People convicted of terrorism get a military tribunal (5 officers judge if they are terrorists or not) * Still have certain civil liberties (like ability to see evidence against them) * Appeals go to Court of Military Review or federal appeals court for DC, and then SCOTUS | so they can't be captured wihtout their 6th amendment right to trial

Question 63

Describr how Mapp v. Ohio affected the 4th amendment ## Footnote Crime and Due Process

Answer 63

**Enforced the 4th amendment**'s right to not have unreasonable searches by making the **exclusionary rule** which made illegal searches worthless

Question 64

Describe how Miranda v. Arizona (1966) affected the 5th amendment ## Footnote Crime and Due Process

Answer 64

Protected people's 5th amendment right to remain silent and to not self-incriminate by requiring police to inform suspects of their Miranda rights (RTRS and have an attorney) (due process = saying Miranda rights)

Question 65

Describe how Gideon v. Wainwright (1964) affected the 6th amendment ## Footnote Crime and Due Process

Answer 65

Enforced the 6th amendment's right to get assistance by counsel for trial by allowing poor people to get atttorney's for free

Question 66

Describe how US v. Leon (1984) affected the 4th amendment ## Footnote Crime and Due Process

Answer 66

Clarified the 4th amendment's right to not be unreasonably searched by creating the **good-faith exception** to the exclusionary rule (which enforced illegal searches being bad by making their evidence illegal)

Question 67

Describe how Dickerson v. US (2000) affected the 4th amendment ## Footnote Crime and Due Process

Answer 67

Enforced the 4th amendment by stating that the exclusionary rule can't be altered by Congress since it's based *on* the Constitution (4th amendment)

Question 68

Describe how Raoul v. Bush and Hamdi v. Rumsfled affected the 6th amendment ## Footnote Crime and Due Process

Answer 68

Gave captured (alleged) terrorists the right to a trial, which is provided by the 6th amendment

Question 69

Describe how FISA affected civil liberties ## Footnote Terrorism and Civil Liberties

Answer 69

FISA protected yet harmed people's right to not have unreasonable searches. Protected - requests to investigate (search) people must go through FISC Harmed - permission to investigate (person is involved with foreign government) is lower then normal warrants (probable cause)

Question 70

Describe how the NSA's mass surveillance affects civil liberties ## Footnote Terrorism and Civil Liberties

Answer 70

Harms people's right to not be unreasonably searched (no warrant needed for NSA to investigate your internet activity) Helps government's right to protect national security