Unit V: Civil Liberties

Question 1

the constitutionality and other legal protections against government actions., formerly set down in the Bill of Rights

Answer 1

civil liberties

Question 2

the first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom of speech, religion, and the press, and guarantee defendants’ rights

Answer 2

Bill of Rights

Question 3

the constitutional amendment that protects the four great liberties: freedom of religion, of speech, of the press, and of assembly

Answer 3

First Amendment

Question 4

the constitutional amendment adopted after the Civil War that declares “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Answer 4

Fourteenth Amendment

Question 5

part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the U.S. or state governments without due process of law

Answer 5

due process clause

Question 6

the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment

Answer 6

incorporation doctrine

Question 7

part of the First Amendment stating that “Congress shall make no law respecting an establishment of religion”

Answer 7

establishment clause

Question 8

a First Amendment provision that prohibits government from interfering with the practice of religion

Answer 8

free exercise clause

Question 9

government actions that prevent material from being published, usually prevented by the First Amendment as confirmed by Near v. Minnesota

Answer 9

prior restraint

Question 10

the publication of false and malicious statements that may damage someone’s reputation

Answer 10

libel

Question 11

nonverbal communication, such as burning a flag or wearing an armband, accorded some protection under the First Amendment

Answer 11

symbolic speech

Question 12

communication in the form of advertising, which can be restricted more than many other types of speech

Answer 12

commercial speech

Question 13

reasonable grounds for believing that a person is guilty of a crime needed in order to make a lawful arrest

Answer 13

probable cause

Question 14

obtaining evidence in an unlawful manner, a practice prohibited by the Fourth Amendment, needed to make a legal and proper search for and seizure of incriminating evidence and to seize such evidence

Answer 14

unreasonable search and seizure

Question 15

a written authorization from a court specifying the area to be searched and what the police may search for

Answer 15

search warrant

Question 16

the rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional manner, specifically through unreasonable search and seizure

Answer 16

exclusionary rule

Question 17

a constitutional amendment designed to protect the rights of persons accused of crimes such as against double jeopardy, self-incrimination, and punishment without due process of law

Answer 17

Fifth Amendment

Question 18

being a witness against oneself, which is forbidden involuntarily by the Fifth Amendment

Answer 18

self-incrimination

Question 19

a constitutional amendment designed to protect individuals accused of crimes, including right to counsel, right to confront witnesses, and the right to a speedy and public trial

Answer 19

Sixth Amendment

Question 20

a bargain struck between a defendant’s lawyer and a prosecuted to the effect that the defendant will plead guilty to a lesser crime (or to fewer crimes) in exchange for the state’s promise not to prosecute the defendant for a more serious crime or for additional crimes

Answer 20

plea bargaining

Question 21

the constitutional amendment that forbids cruel and unusual punishment

Answer 21

Eight Amendment

Question 22

court sentences prohibited by the Eight Amendment

Answer 22

cruel and unusual punishment

Question 23

the right to a private personal life free from intrusion of government

Answer 23

right to privacy

Question 24

the 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states or cities

Answer 24

Barron v. Baltimore

Question 25

the 1925 Supreme Court Decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as by the federal government

Answer 25

Gitlow v. New York

Question 26

the 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion

Answer 26

Lemon v. Kurtzman

Question 27

the 2002 Supreme Court decision that upheld a state program providing families with vouchers that could be used to pay for tuition at religious schools

Answer 27

Zelman v. Simmons-Harris

Question 28

the 1962 Supreme Court decision holding that state officials violated the First Amendment when they required that a prayer be recited by public school children

Answer 28

Engel v. Vitale

Question 29

the 1963 Supreme Court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment

Answer 29

School District of Abington Township, Pennsylvania v. Schempp

Question 30

the 1931 Supreme Court decision holding that the First Amendment protects newspapers from prior restraint

Answer 30

Near v. Minnesota

Question 31

a 1919 Supreme Court decision up-holding the conviction of a socialist who had urged resistance to the draft during World War 1. Judge Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils

Answer 31

Schenck v. United States

Question 32

a 1957 Supreme Court decision ruling that "obscenity is not within the area of constitutionality protected speech or press"

Answer 32

Roth v. United States

Question 33

a 1973 Supreme Court decision holding that community standards be used to determine whether material is obscene, defined as appealing to a "prurient interest," being "patently offensive," and lacking in "serious literary, artistic, political, or scientific value"

Answer 33

Miller v. California

Question 34

a 1964 Supreme Court decision establishing that, to win damage suits for libel, public figures must prove that the defamatory statements about them were made with "actual malice" and reckless disregard for the truth

Answer 34

New York Times Co. v. Sullivan

Question 35

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

Answer 35

Texas v. Johnson

Question 36

a 1978 Supreme Court decision holding that a search warrant could be applied to a newspaper without necessarily violating the First Amendment rights to freedom of the press

Answer 36

Zurcher v. Standford Daily

Question 37

a 1974 case in which the Supreme Court held that a state could not force a newspaper to print replied from candidates it had criticized, illustrating the limited power of government to restrict the print media

Answer 37

Miami Herald Publishing Company v. Tornillo

Question 38

a 1969 case in which the Supreme Court upheld restrictions on radio and television broadcasting similar to those it had overturned in the Miami Herald Publishing Company v. Tornillo, reasoning the regulating radio and television broadcasting is justified because there are only a limited number of broadcasting frequencies available

Answer 38

Red Lion Broadcasting Company v. Federal Communications Commission

Question 39

the 1958 Supreme Court decision that that the right to assemble meant that Alabama could not require the state chapter of NAACP to reveal its membership list

Answer 39

NAACP v. Alabama

Question 40

the 2010 Supreme Court decision that extended the Second Amendment's limit on restricting an individual's right to bear arms to state and local gun control laws

Answer 40

McDonald v. Chicago

Question 41

the 1961 Supreme Court decision ruling that the Fourteenth Amendment’s protection against unreasonable searches and seizures must be extended to the states

Answer 41

Mapp v. Ohio

Question 42

the 1966 Supreme Court decision that set guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel

Answer 42

Miranda v. Arizona

Question 43

the 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed as a right to a lawyer, requiring that the government to provide a lawyer to anyone so accused who is too poor to afford one

Answer 43

Gideon v. Wainwright

Question 44

the 1973 Supreme Court decision that upheld the constitutionality of the death penalty, as “an extreme sanction, suitable to the most extreme of crimes”

Answer 44

Gregg v. Georgia

Question 45

the 1987 Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the Fourteenth Amendment because minority defendants were more likely to receive the death penalty than were white defendants

Answer 45

McCleskey v. Kemp

Question 46

the 1973 Supreme Court decision holding that a Texas state ban on abortions was unconstitutional, forbidding state control over abortions during the first trimester, permitting state to limit abortions to protect a mother’s health in the second trimester, and permitting states to ban abortion during the third trimester

Answer 46

Roe v. Wade

Question 47

a1992 case in which the Supreme Court loosens its standard for evaluating restrictions on abortion from one of “strict scrutiny” of any restraints on a “fundamental right” to abortion to one in which regulations not impose an “undue burden” on women

Answer 47

Planned Parenthood v. Casey