Unit 3

Question 1

Bill of Rights

Answer 1

The Bill of Rights is the first ten amendments to the United States Constitution. It outlines the basic rights and freedoms for American citizens, including freedom of speech, religion, and the press, as well as the right to bear arms and a fair trial.

Question 2

Civil liberties

Answer 2

Civil liberties are the basic freedoms and rights that are guaranteed to all citizens by the Constitution. These include the freedom of speech, religion, and the press, as well as the right to privacy and a fair trial.

Question 3

Due Process Clause

Answer 3

The Due Process Clause is a part of the 14th Amendment to the United States Constitution. It guarantees that no state shall “deprive any person of life, liberty, or property, without due process of law.” This means that the government must follow certain procedures and rules when it takes away someone’s life, liberty, or property.

Question 4

Selective incorporation

Answer 4

Selective incorporation is the legal principle that applies the protections of the Bill of Rights to the states through the Due Process Clause of the 14th Amendment. This means that the states cannot make laws that violate the fundamental rights and liberties guaranteed by the Constitution. The Supreme Court has used selective incorporation to apply most of the Bill of Rights to the states over time.

Question 5

Establishment clause

Answer 5

The Establishment Clause is a part of the First Amendment to the United States Constitution. It prohibits the government from making any law “respecting an establishment of religion.” This means that the government cannot establish an official religion or favor one religion over another. It also means that the government cannot force people to practice a certain religion or to support any religious beliefs or practices.

Question 6

Free exercise clause

Answer 6

The Free Exercise Clause is also a part of the First Amendment to the United States Constitution. It guarantees that people have the right to practice any religion or no religion at all, as long as their beliefs and practices do not violate the law or the rights of others. This means that the government cannot interfere with people’s religious beliefs or practices, with some exceptions for public safety and other compelling interests.

Question 7

Clear and Present Danger test

Answer 7

The Clear and Present Danger test is a legal standard that the Supreme Court has used to determine when the government can limit free speech. It was established in the 1919 case Schenck v. United States. The test asks whether the speech in question creates a clear and present danger of bringing about harm to the public or to other people’s rights. If the answer is yes, then the government can limit the speech. If the answer is no, then the speech is protected by the First Amendment.

Question 8

Symbolic speech

Answer 8

Symbolic speech is a form of expression that uses actions or symbols instead of words to convey a message. Examples of symbolic speech include burning the American flag, wearing armbands to protest a war, or kneeling during the national anthem. Symbolic speech is protected by the First Amendment as a form of free speech. However, the government can regulate the time, place, and manner of symbolic speech, as long as the regulations are content-neutral and serve a significant government interest.

Question 9

Hate speech

Answer 9

Hate speech is speech that attacks or demeans a particular group of people based on their race, ethnicity, national origin, religion, gender, sexual orientation, or other characteristic. Hate speech is not protected by the First Amendment if it is likely to incite violence or other immediate harm. However, hate speech that is merely offensive or hurtful is generally protected by the First Amendment as a form of free speech.

Question 10

Time, place and manner restrictions

Answer 10

Time, place, and manner restrictions are government regulations that can be placed on free speech to ensure that it does not interfere with public safety or the orderly use of public spaces. These regulations must be content-neutral, narrowly tailored to serve a significant government interest, and leave open ample alternative channels for communication. Examples include requiring permits for rallies or demonstrations, setting limits on the volume of amplified speech, and prohibiting protests in certain areas.

Question 11

Obscenity

Answer 11

Obscenity is sexual content that is considered offensive or indecent by community standards. It is not protected by the First Amendment, and the government can regulate or prohibit it. The Supreme Court has established a three-pronged test to determine whether content is obscene, which looks at whether it appeals to the prurient interest, whether it is patently offensive, and whether it lacks serious literary, artistic, political, or scientific value. If it meets all three criteria, it is considered obscene and can be regulated or prohibited.

Question 12

Prior restraint

Answer 12

Prior restraint is when the government prohibits speech or other expression before it can take place. It is generally considered a violation of the First Amendment, and the Supreme Court has ruled that it is only permissible in very limited circumstances, such as when the speech would present a clear and present danger of serious harm or when it involves national security. In general, the government must allow speech to take place and can only punish individuals for their speech after it has occurred.

Question 13

Fighting words

Answer 13

“Fighting words” are words that are so insulting that they are likely to provoke an immediate physical reaction from the person to whom they are addressed. They are not protected by the First Amendment, but the definition is very narrow. Only words that are directed at a specific individual and are likely to provoke an immediate violent reaction can be considered fighting words. In general, speech that is merely offensive or insulting is protected by the First Amendment.

Question 14

Slander

Answer 14

Slander is a type of defamation that involves making false and damaging statements about another person that are spoken aloud. It is not protected by the First Amendment, and individuals who are the victims of slander can sue for damages. To win a slander case, the plaintiff must prove that the statements made about them were false, that they were communicated to others, and that they caused harm to the plaintiff’s reputation or financial situation. Public figures and officials have a higher burden of proof in slander cases.

Question 15

Libel

Answer 15

Libel is a type of defamation that involves making false and damaging statements about another person that are written or published. It is not protected by the First Amendment, and individuals who are the victims of libel can sue for damages. To win a libel case, the plaintiff must prove that the statements made about them were false, that they were communicated to others, and that they caused harm to the plaintiff’s reputation or financial situation. Public figures and officials have a higher burden of proof in libel cases.

Question 16

Due process rights

Answer 16

Due process rights are legal protections that individuals have in legal proceedings. They include the right to notice of the charges against them, a fair and impartial hearing, the right to present evidence and testimony, the right to cross-examine witnesses, and the right to an attorney. They are guaranteed by the Fifth and Fourteenth Amendments to the US Constitution and apply to both criminal and civil proceedings.

Question 17

Warrants

Answer 17

A warrant is a legal document that authorizes law enforcement officials to search a person’s property or arrest a person. To obtain a warrant, law enforcement officials must show probable cause to a judge or magistrate. Warrants must be specific in scope and must be executed within a certain time frame.

Question 18

Patriot Act

Answer 18

The Patriot Act is a federal law passed after the 9/11 attacks that gives law enforcement officials expanded powers to investigate and prevent acts of terrorism. The law has been controversial because some people argue that it infringes on civil liberties and violates the Fourth Amendment of the US Constitution.

Question 19

Exclusionary Rule

Answer 19

The exclusionary rule is a legal principle that prohibits evidence obtained in violation of the Fourth Amendment from being used in court. The rule is intended to deter law enforcement officials from engaging in unreasonable searches and seizures. If evidence is obtained in violation of the Fourth Amendment, it is generally excluded from trial, even if it is relevant and reliable.

Question 20

Miranda Rights

Answer 20

Miranda Rights are a set of rights that police officers are required to inform a suspect of before they are interrogated. These rights include the right to remain silent, the right to an attorney, and the right to have an attorney appointed if the suspect cannot afford one. The Miranda warning is intended to protect a suspect’s Fifth Amendment right against self-incrimination.

Question 21

Double Jeopardy

Answer 21

Double jeopardy is a legal principle that prohibits a person from being tried twice for the same crime. The principle is based on the Fifth Amendment to the US Constitution, which protects against being “twice put in jeopardy of life or limb” for the same offense.

Question 22

Privacy rights

Answer 22

Privacy rights are legal protections that are intended to protect individuals from unwanted intrusions into their personal lives. Privacy rights can include the right to be free from unreasonable searches and seizures, the right to control one’s personal information, and the right to be left alone.

Question 23

Civil Rights

Answer 23

Civil rights are the rights that are guaranteed to individuals by law, regardless of their race, gender, religion, or other characteristics. Civil rights include the right to vote, the right to equal treatment under the law, the right to free speech and expression, and the right to be free from discrimination.

Question 24

Disenfranchised

Answer 24

Disenfranchisement is the revocation or restriction of the right to vote of a person or group of people. It can occur for a variety of reasons, including criminal conviction, mental incapacity, or lack of citizenship.

Question 25

Jim Crow Laws

Answer 25

Jim Crow laws were state and local laws in the United States that enforced racial segregation and discrimination against black Americans from the late 1800s to the mid-1960s. These laws mandated racial segregation in public spaces and denied black Americans basic civil rights such as the right to vote.

Question 26

“Separate but equal” doctirne

Answer 26

The “separate but equal” doctrine was a legal principle in the United States that allowed for racial segregation as long as the separate facilities were deemed to be equal in quality. It was eventually overturned by the Supreme Court in the landmark 1954 case of Brown v. Board of Education.

Question 27

De jure

Answer 27

De jure is a Latin term that means “of law.” It is used to describe something that is established or recognized by law, as opposed to something that exists in practice but is not legally recognized.

Question 28

De facto

Answer 28

De facto is a Latin term that means “in fact” or “in reality.” It is used to describe something that exists in practice or in reality, regardless of whether it is legally recognized or not.

Question 29

Civil Rights Act of 1964

Answer 29

The Civil Rights Act of 1964 is a law that outlawed discrimination based on race, color, religion, sex, or national origin. It also ended segregation in public places and banned employment discrimination on the basis of race, color, religion, sex, or national origin.

Question 30

Voting Rights Act of 1965

Answer 30

The Voting Rights Act of 1965 is a law that prohibits racial discrimination in voting. It sought to overcome legal barriers that prevented African Americans from exercising their right to vote, and it has been instrumental in increasing the number of African American voters in the United States.

Question 31

Title IX of the Education Amendments

Answer 31

Title IX of the Education Amendments of 1972 is a law that prohibits sex discrimination in education. It applies to all educational institutions that receive federal funding, and it has been instrumental in increasing opportunities for women and girls in education and athletics.

Question 32

Affirmative Action

Answer 32

Affirmative Action is a policy that seeks to address past discrimination by giving preferential treatment to members of groups that have been historically disadvantaged. It is designed to promote diversity and equal opportunity in education and employment. It has been a controversial issue in the United States.

Question 33

Equal Protection Clause

Answer 33

The Equal Protection Clause is a provision of the 14th Amendment that prohibits discrimination on the basis of race, gender, religion, and other protected categories. It has been instrumental in the fight for civil rights in the United States.

Question 34

Letter from a Birmingham Jail

Answer 34

“Letter from a Birmingham Jail” is an open letter written by Martin Luther King Jr. in 1963 in response to criticisms of the nonviolent protests he led in Birmingham, Alabama. In the letter, King defends the use of direct action and civil disobedience to fight against segregation and racism.