AP Gov CH 5 Civil Liberties

DNA

________ can prove innocence of inmates on death row leading some states to declare moratoria on executions.

Gitlow

________ began tradition called selective incorporation doctrine.

Political protests

________ and picketing are protected by 1 st Amend., but libel, slander, & obscenity arent- Fraud & incitement to violence are considered action, not speech, & arent protected- Const.

Civil liberties

________ are the individual freedoms guaranteed in the Bill of Rights- mostly about protecting citizens from too much govt control.

Broadcast media

________ have significantly less freedom than print (Red Lion Broadcasting Co. v FCC 1969) though not required to print replies from candidates they criticized (Miami Herald Publishing Co. v Tornillo 1974) The Press _Freedom of press can conflict w /right to fair trial, but press does have right to report on any criminal proceeding, & all trials must be open to public.

Freedom of Religion Establishment Clause

in 1 st Amend, prohibiting Congress from making any laws establishing any religion in conjunction w/ govt

-Some interpret clause loosely

govt shouldnt favor 1 religion over another in its policies

-Engel v Vitale (1962) & School District of Abington Township, PA v Schempp (1963)

forbade practice of prayer in school as a violation of the establishment clause & breaching of church & state

This policy strengthened by case of Near v Minnesota (1931)

Court ruled in favor of the press -Prior restraint is granted in situations where natl security might be compromised -Schenck v U.S. (1919) freedom of speech may be curtailed when it threatens public order -acts of symbolic speech, like protesting & flag burning (Texas v Johnson, 1989) protected under 1 st Amend

-Self-incrimination

5 th Amend

themselves -Cuz person innocent til proven guilty, prosecution responsible for proving defendants guilt -Miranda v Arizona (1966)

established that suspects must be informed of their const

rights before they are questioned by police -right to counsel

6 th Amend

court have right to represented by attorney -Gideon v Wainwright (1963)

extends this to cases tried in state courts -Most cases settled by plea bargaining between lawyers instead of trial -6 th Amend

Which of the following rights is protected by the Fifth Amendment?
(A) the right of privacy
(B) protection against self-incrimination
(C) the right to bear arms
(D) the right to counsel
(E) the right to a speedy and public trial

(B)---most famous provision of the 5th amendment is that no one is required to provide testimony against themselves in court. The others are protected by other amendments.

Roe v Wade (1973) ruled that a woman's right to an abortion came from the
(A) right of symbolic speech.
(B) right of the people to "be secure in their persons, houses, papers, and effects."
(C) "right to remain silent."
(D) due process of law.
(E) right to privacy.

(E)---in Roe v. Wade the Supreme Court extended the right to privacy to include a right to abortion. The other s are liberties in the Bill of Rights but are not relevant to the case.

Which of the following forms of expression is protected by the First Amendment?
(A) obscenity
(B) libel
(C) fighting words
(D) symbolic speech
(E) slander

(D)---freedom of speech is subject to almost no limits regarding political speech including symbolic acts like flag burning. Obscenity, libel, slander, and fighting words have been ruled to not be protected under the 1st amendment.

The right of government to keep a newspaper from publishing information that would be harmful to the reputation of politicians who led a military conflict
(A) would be denied as "prior restraint."
(B) would be allowed under the "no quartering of soldiers" provision of the 3rd Amendment.
(C) would be denied as entailing a "clear and present danger."
(D) would be allowed as denying "seditious speech."
(E) would be allowed under the USA Patriot Act.

(A)---under the 1st amendment, banning of prior restraint of publication is a very strong rule.

The right of citizens to be made aware of their constitutional guarantees against self-incrimination and to be represented by counsel was established in
(A) Gitlow v. New York (1925).
(B) Mapp v. Ohio (1965).
(C) Miranda v. Arizona (1966).
(D) Gideon v. Wainwright (1963).
(E) Lemon v. Kurtzman (1971).

(C)---Miranda v. Arizona extended the rights of the accused to those who did not know the constitution. In that case, the Supreme Court said that as fundamental as having the rights was the right to know that they existed.

Which of the following cases made decisions regarding the establishment of religion?

1. Mapp v. Ohio (1965) 2. Texas v. Johnson (1989)
3. School District of Abington Township, PA v. Schempp (1963) 4. Lemon v. Kurtzman (1973)

(A) 1 and 2
(B) 2 and 3
(C) 3 and 4
(D) 1 and 3
(E) 2 and 4

(C)---Schempp and Lemon decisions dealt with the establishment clause, the other two have nothing to do with religious liberties.

In Engel v. Vitale (1962), the Supreme Court ruled that
(A) the reciting of a state-required prayer in public school constituted an impermissible establishment of religion under the First Amendment.
(B) the Gideon society could distribute Bibles in public schools under the free exercise clause for the First Amendment.
(C) the eminent domain clause of the Fifth Amendment prevents government from taking religious property for public purposes.
(D) public school children may wear crosses as necklaces as a permissible mode of symbolic speech under the First Amendment.
(E) the Second Amendment "right to bear arms" does not apply in religious facilities.

(A)---the Engel decision was based upon the establishment clause of the Constitution. The other four have to do with religion but do not address the issues raised in Engel v. Vitale

Which of the following provisions is most relevant in explaining the incorporation of the Bill of Rights against the states?
(A) the equal protection clause of the Fourteenth Amendment
(B) the double jeopardy clause of the Fifth Amendment
(C) the rights "retained by the people" in the Ninth Amendment
(D) the grand jury indictment provision in the Fifth Amendment
(E) the due process clause of the Fourteenth Amendment

(E)---the Bill of Rights has largely been incorporated to the states through the due process clause of the 14th amendment. That amendment, adopted after the civil war, has been ruled to make states comply with provisions of the national constitution.

The "exclusionary rule" means
(A) the Senate has removed a member from voting membership because of a violation of ethics rules.
(B) the House Rules Committee has refused to schedule a debate on a bill.
(C) the bureaucracy has failed to enforce unpopular legislation.
(D) the president has decided to "impound" some programmatic money appropriated by Congress.
(E) evidence gathered in violation of the Fourth Amendment has not been allowed to be introduced during a trial.

(E)---the exclusionary rule was designed to keep law enforcement agencies from conducting searches in an irresponsible way. The other choices all suggest exclusions of some variety, but have nothing to do with the exclusionary rule.

All of the following concepts are guaranteed to a citizen accused of a crime EXCEPT
(A) a speedy and public trial by an impartial jury.
(B) security against unreasonable search and seizures.
(C) protection from capital punishment.
(D) a citizen will not be put in jeopardy of life or limb twice for the same offense.
(E) having the assistance of counsel.

(C)---capital punishment has never been ruled to violate the cruel and unusual provision of the 8th amendment. The other options are protected rights in the Bill of Rights.