Civil Liberties Quiz

First Amendment

First Amendment

Guarantees freedoms of speech, press, assembly, religion, and petition.

Second Amendment

Guarantees the right to keep and bear arms.

Third Amendment

Prohibits the government from forcing homeowners to house soldiers.

Fourth Amendment

Bars unreasonable search and seizure of individuals and their property.

Fifth Amendment

Ensures rights for people accused of crimes, including protection against double jeopardy and self-incrimination.

Sixth Amendment

Guarantees the right to a speedy public trial by an impartial jury.

Seventh Amendment

Guarantees the right to a trial by jury in federal civil cases.

Eighth Amendment

Prohibits excessive bail and fines, and cruel and unusual punishment.

Ninth Amendment

States that rights not specifically listed in the Constitution still exist.

Tenth Amendment

Affirms that powers not delegated to the federal government are reserved for the states or the people.

Hate Speech

Protected under the First Amendment, based on the idea that it is not the proper role of the government to shield individuals from ideas and opinions they find unwelcome, disagreeable, or deeply offensive.

Symbolic Speech

Nonverbal communication intended to convey a specific belief, typically political.

Prior Restraint

An order barring certain speech before it occurs, difficult for the government to enforce.

Clear and Present Danger Test

Speech may be restricted if it poses a clear and present danger. Usually relates to national security- harder to restrict speech in peacetime

Direct Incitement Test

Government can punish advocacy of illegal action only if it incites imminent lawlessness.

Libel

An untrue written statement that defames a person's character.

Slander

Untrue spoken statements about a person's character.

Fighting Words

Words that can incite a violent reaction when spoken.

Profanity

Unless ‘fighting words” are involved, profane language has First Amendment protection 

Pornography

Ex. Miller v. California (1973) 

• Is the sale and distribution of obscene materials by mail protected under the first amendment’s freedom of speech guarantee? 

• 5-4 decision; court held that obscene materials did not enjoy 1st amendment protection 

Establishment Clause

Prohibits Congress from establishing a national religion or favoring one religion over another.

Free-exercise Clause

Prevents Congress from interfering with an individual's practice of religion within certain limits.

Civil Liberties

Personal rights and freedoms that the federal government cannot abridge.

Eminent Domain

The government's power to take private property for public use with just compensation.

In Loco Parentis

Legal responsibility of teachers to act as parents during school hours.

Powers schools can enforce:

– dress codes 

– locker searches 

– censor school newspapers 

– random drug testing of student sthletes 

– zero tolerance policies- right to maintain school safety 

– restrict other forms of expression