AP gov CH 4

Civil liberties are

individual legal and constitutional protections against the government

Americansʹ civil liberties are set down in

The Bill of Rights

The ________ is the final interpreter of the content and scope of Americansʹ civil liberties

Supreme Court

Civil liberties consist of

legal and constitutional protections against the government

At the time of the ratification of the Constitution,

all states had bills of rights but there was no national Bill of Rights.

The Bill of Rights was written and proposed by

the first congress of the United States in 1789

The Bill of Rights was adopted primarily in response to

British abuses of the colonist's civil liberties

Which of the following statements about the Bill of Rights is FALSE?

Most state constitutions did not have a Bill of Rights at the time of the Constitutional

Convention.

In the case of ________, the Supreme Court ruled that the Bill of Rights restrained only the

national government, not states and cities

Barron v. Baltimore

The great freedoms of speech, press, religion, and assembly are contained in the

First Amendment

The Supreme Court decision in Barron v. Baltimore (1833) maintained that the Bill of Rights

intended to preven

only the national government from abridging civil liberties.

Today, ________ apply to the states

all but five provisions or amendments of the Bill of Rights

Beginning with the case of ________ in 1925, the Supreme Court began to rule that the Bill of

Rights applied directly to the states, as well as to the national government.

Gitlow v. New York

In deciding to incorporate parts of the Bill of Rights into state laws since 1925, the Supreme

Court has relied on the due process clause of the

Fourteenth Amendment

The ________ includes the clause ʺCongress shall make no law respecting an establishment of

religion.ʺ

First Amendment

The incorporation doctrine involves

application of the Bill of Rights to the states

Thomas Jefferson argued that the First Amendment created a ʺwall of separationʺ between

church and state.

Unlike Great Britain and many other nations, the United States does not have an ________

church that is officially supported by the government and recognized as a national institution.

established

Today, ________ have (has) an established church that is officially supported by the

government.

Great Britain

In Gitlow v. New York (1925), the decision that states could not abridge the freedoms of

expression protected by the First Amendment was based on the

fourteenth amendment

The significance of Gitlow v. New York (1925) was that

a provision of the Bill of Rights was applied to the states for the first time.

Aid to parochial schools was first passed in the 1960s at the request of

Lyndon Johnson.

In Lemon v. Kurtzman, the Supreme Court established that aid to church-related schools must

do all of the following EXCEPT

inhibit religion

The abridgment of citizensʹ freedom to worship, or not to worship, as they please is prohibited

by the

free exercise clause

In dealing with First Amendment cases involving religion, the Supreme Court has ruled that

while all religious beliefs are constitutionally protected, all religious practices are not

In the Lemon v. Kurtzman decision of 1971, the Supreme Court ruled that

aid to church-related schools must be for secular purposes only, and cannot be used to

advance or inhibit religion.

In the Engel v. Vitale case of 1962, the Supreme Court ruled that ________ was (were)

unconstitutional.

prayers done as classroom exercises in public schools

The Supreme Court has interpreted the establishment clause of the First Amendment as

prohibiting school-organized Bible-reading and prayer in public schools

Which of the following statements about religion and politics is FALSE?

A) Many school districts have simply ignored the Supreme Courtʹs ban on school prayer

and hold prayers in their classrooms.

B) The religious diversity in America has made it difficult to establish one state religion

such as Britain has.

C) The Supreme Court has never permitted the claim of religious freedom to permit every

sort of behavior.

D) Efforts are underway to amend the Constitution to permit school prayer.

E) In recent years, religious issues and controversies have become less visible in political

debate.

In recent years, religious issues and controversies have become less visible in political

debate.

In Lemon v. Kurtzman (1971), the Supreme Court ruled that

aid to church-related schools must have a secular legislative purpose

The Supreme Court has ruled that government aid to church-related schools

is permitted when the aid is for a non-religious purpose.

Government aid to religious schools has been a major issue

since the mid 1960s.

Which of the following is NOT a free exercise issue?

teacher led prayers in public schools

In 2005, the Supreme Court found that two Kentucky counties violated the establishment

clause of the First Amendment by

banning ʺintelligent designʺ from the curriculum

During the 1980s, the Supreme Court ________ the displaying of Christmas nativity scenes and

Hanukkah menorahs on public property.

upheld the constitutionality of

In free exercise cases, the Supreme Court

allows the government to interfere with religious practices as long as it is not specifically

aimed at religion

In regard to the free exercise clause, the Supreme Court has made each of the following rulings

EXCEPT

A) polygamy may be justified for Mormons on religious grounds.

B) the Air Force can enforce its dress code even against religiously based dress choices.

C) Amish parents may take their children out of school after the eighth grade.

D) people could become conscientious objectors to war on religious grounds.

E) public schools cannot require Jehovahʹs Witnesses to attend flag saluting ceremonies.

polygamy may be justified for Mormons on religious grounds.

The Supreme Court ruled that freedom of religious practice was more important than the right

of the government to interfere in deciding in favor of

the right of Amish parents in Wisconsin to take their children out of public school after

the eighth grade.

Freedom of expression

has sometimes been limited when it conflicts with other rights and values.

Which of the following statements about freedom of expression is FALSE?

Government can limit expression more easily than it can limit action

________ refers to a governmentʹs censorship of material before it is published

Prior restraint

In what case did the Supreme Court rule that a newspaper, no matter how outrageous its

opinions, must be allowed to publish without prior restraint?

Near v. Minnesota

The extent of an individualʹs or groupʹs freedom from prior restraint depends on

who the individual or group is.

In its Near v. Minnesota decision of 1931, the Supreme Court ruled that

the state government could not use prior restraint to shut down an outspoken

newspaper.

The Supreme Court has permitted prior restraint of which of the following?

high school newspapers

The Pentagon Papers dealt with

a documented history of United States involvement in the Vietnam War which the

government wanted kept secret

Which of the following elements of the Bill of Rights was extended to the states by the

Supreme Court case of Near v. Minnesota?

freedom of the press

Time and time again, the Supreme Court has protected freedom of the press by

striking down prior restraint.

The case of Near v. Minnesota (1931)

held that government had illegally issued a prior restraint.

Prior restraint is most often considered acceptable on the grounds of

national security

In the case of Dennis v. United States, the Supreme Court

upheld the convictions of Communist party officials who had been sent to prison

because of their beliefs.

In the case of New York Times v. United States in 1971, the Supreme Court ruled

against prior restraint in the case of the Pentagon Papers, which allowed them to be

published.

In Schenck v. United States (1919), Justice Holmes said that speech can be restricted when it

provokes ʺa clear and present dangerʺ to people

Constitutional protections of free speech are ________ on private property

diminished

A shield law

gives reporters the right to withhold information from the courts.

The Supreme Court ruled in Branzburg v. Hayes (1972) that in the absence of shield laws

the right of a free trial preempts the reporterʹs right to protect sources.

In Roth v. United States, the Supreme Court held that

obscenity is not within the area of constitutionally protected free speech.

The principle that ʺobscenity is not within the area of constitutionally protected speech or

pressʺ was established in

Roth v. United States.

Obscenity is

not protected under the Constitution.