KTQ 04: Civil Liberties

Unit 1 Examination practice quiz #4

14th Amendment

Sets citizenship and incorporates liberties to state law

1st Amendment

Establishes freedom of religion, free speech, and the press

2nd Amendment

Establishes freedom to bear arms

4th Amendment

Establishes protections against unreasonable search and seizure

5th Amendment

Establishes right to due process, grand jury trial, against double jeopardy, against self-incrimination, and rules for taking of property by government

6th Amendment

Establishes right to counsel and for a fair trial

8th Amendment

Establishes protections against cruel and unusual punishment

Civil Liberties

Areas of personal freedom constitutionally protected from government interference

Civil Rights

Obligation imposed on government to take positive action to protect citizens from any illegal action of government or private citizens

Habeas Corpus

Court order demanding that an individual in custody by brought into court and shown the cause for detention

Due Process (of law)

The right of every citizen against arbitrary action by national or state governments for the criminally accused

Selective incorporation

The process by which different protections in the Bill of Rights were incorporated into the 14th Amendment, granting protections under state law

Strict Scrutiny

Test used in cases placing a burden of proof on the government to justify the constitutionality of law

Exclusionary Rule

Ability of courts to exclude evidence obtained in violation of the Fourth Amendment

Grand Jury

Jury that determines whither sufficient evidence is available to justify a trial

Double Jeopardy

Right providing that a person cannot be tried twice for the same crime

Miranda Rule

Requirement that persons under arrest must be informed prior to police interrogation of their rights to remain silent and have counsel

Eminent domain

Right of government to take property for public use if it provides just compensation

Speech Plus

Speech accompanied by conduct or physical activity

Clear and Present danger test

Test to determine unprotected speech due to the capacity to be a danger to society; test discarded in later cases

Prior Restraint

An effort by government to block the publication it deems libelous or harmful

Libel

Written statement made in reckless disregard for the truth that is consider malicious, scandalous, and defamatory causing damage to someone

Slander

An oral statement made in reckless disregard for the truth that is consider malicious, scandalous, and defamatory causing damage to someone

Fighting Words

Speech that directly incites damaging conduct

Establishment Clause

Government cannot establish a religion, causing a wall of separation between church and state

Free Exercise Clause

Right to believe and practice whatever religion one chooses

Ogden v. Perry

Display of Ten Commandments in Texas did not violate "wall of separation"

McCreary County v. ACLU

Display of Ten Commandments in Kentucky did violate "wall of separation"

Holt v. Hobbs

Arkansas prison violated the free exercise clause

Burwell v. Hobby Lobby

ACA violated free exercise clause

Hague v. Committee for Industrial Organization

Government cannot violate free speech activities, such as distributing leaflets in public areas

Snyder v. Phelps

Lawfully conducted free speech acts are protected against suits of emotional distress

Morse v. Frederick

High school officials can censor student speech

Near v. Minnesota

Government agencies cannot prevent the press from publishing

New York Times v. United States

Government cannot prevent the press from publishing secret government documents

New York Times v. Sullivan

Press cannot sued for libel unless false statement were published deliberately

Reno v. ACLU

Government cannot restrict transmission of obscene material to adults over the internet

United States v. Playboy Entertainment Group

Government cannot restrict transmission of sexually explicit materials to late night hours if adults have a choice to receive the channel

Brown v. Entertainment Merchants Association

Government cannot ban the sale of violent video games to children

Dennis v. United States

Government can restrict lewd, obscene, profane, libelous, and insulting or "fighting" words which would cause breach of peace

District of Columbia v. Heller

Washington D.C. cannot restrict the ownership of handguns

McDonald v. Chicago

Local ordinances cannot restrict the ownership of handguns

Mapp v. Ohio

Courts can exclude evidence that is illegally obtained

United States v. Jones

Government cannot secretly attach a monitoring device to a vehicle without a warrant

Maryland v. King

Government can administer a dna test as part of arrest procedure

Riley v. California

Government cannot seize and search a person's cell phone as part of the arrest procedure

Palto v. Connecticut

Supreme Court ruled that double jeopardy would not be incorporated to the states; overturned 30 years later when it was incorporated

Miranda v. Arizona

Court ruled that people must be notified of their right to counsel and to remain silent when arrested

Gideon v. Wainwright

Established that a person under trial must have counsel unless right waived by the person

Griswold v. Connecticut

Banning the use of contraceptives violates the zone of privacy inferred by the Third, Fourth, Fifth, and Ninth Amendments

Roe v. Wade

The right to abortion falls within the zone of privacy inferred by many constitutional amendments

Lawrence v. Texas

The right to sexual acts among consenting adults falls within the zone of privacy inferred by many constitutional amendments