Chapter 4 Study Guide: Civil Liberties and the Supreme Court

A comprehensive set of Q&A flashcards covering civil liberties, incorporation, First Amendment establishment and free exercise cases, rights of the accused, privacy, abortion, and key Supreme Court cases.

What are civil liberties?

Basic freedoms guaranteed by the Bill of Rights and protected from government interference.

What was the key difference between Barron v. Baltimore and Gitlow v. New York?

Barron limited rights to the federal government; Gitlow applied some Bill of Rights protections to the states via the 14th Amendment.

Why is the Fourteenth Amendment important for civil liberties?

It applies due process and equal protection to the states, extending liberties to individuals against state action.

What is the incorporation doctrine?

The Supreme Court uses the 14th Amendment to apply most Bill of Rights protections to the states.

Engel v. Vitale (1962): What did the Court rule about school prayer?

School-sponsored prayer is unconstitutional under the Establishment Clause.

Lemon v. Kurtzman (1971): What is the Lemon test?

Laws must have secular purpose, principal effect must not advance or inhibit religion, and must avoid excessive entanglement with government.

School District of Abington v. Schempp (1963): What did it rule about Bible reading in public schools?

Bible reading in public schools is unconstitutional.

Zelman v. Simmons-Harris (2002): What did the Court decide about school vouchers?

Vouchers could be used to fund students attending religious schools; allowed under the Establishment Clause.

How do Employment Division v. Smith (1990) and Wisconsin v. Yoder (1972) differ in religious liberty?

Smith allowed states to deny benefits for violations of neutral, generally applicable laws affecting religion; Yoder protected Amish religious exemptions from compulsory schooling.

What is prior restraint?

Censorship by the government before publication, generally unconstitutional.

Schenck v. United States (1919): What standard did the Court establish for speech?

The 'clear and present danger' test.

Tinker v. Des Moines (1969): What did the Court rule about student speech?

Students may wear armbands; symbolic speech is protected.

New York Times v. United States (1971): What did the Court rule about prior restraint?

The government cannot use prior restraint to suppress publication of the Pentagon Papers; press freedom protected.

What is a shield law?

A law that protects reporters from being compelled to reveal confidential sources.

How does Miller v. California (1973) define obscenity?

Obscenity is defined by community standards, appeals to prurient interest, and lacks serious literary, artistic, political, or scientific value.

How do libel standards differ for public figures vs private individuals?

Public figures must prove actual malice; private individuals must prove falsehood and harm.

What is symbolic speech?

Actions that express ideas (e.g., flag burning).

Who regulates commercial speech?

The government regulates commercial speech.

What is the function of the Federal Communications Commission (FCC)?

Regulates radio, TV, and broadcasting.

What are the two facets of the freedom of assembly?

The right to gather peacefully and the right to associate with groups.

What are the steps of the criminal justice system?

Arrest, Prosecution, Trial, Verdict, Appeal.

How are probable cause, unreasonable searches and seizures, search warrants, and the exclusionary rule related?

Police need probable cause; a warrant is required; protects against unreasonable searches; evidence obtained without a warrant is excluded (exclusionary rule).

What are the three Miranda rights?

Right to remain silent; Anything said can be used in court; Right to an attorney.

What is the significance of Gideon v. Wainwright (1963)?

States must provide lawyers to defendants who cannot afford one.

What are the pros and cons of plea bargaining?

Pros: saves time, lighter sentences; Cons: can pressure innocent people into pleading guilty.

Furman v. Georgia (1972): What did the Court decide about the death penalty?

The death penalty was struck down as applied due to arbitrariness.

Gregg v. Georgia (1976): What did the Court decide?

The death penalty was reinstated with constitutional guidelines.

McCleskey v. Kemp (1987): What did the Court decide about racial bias claims?

Racial bias claims in the death penalty were rejected.

How does the Constitution imply a right to privacy?

Through the 1st, 3rd, 4th, and 9th Amendments (privacy of beliefs, quartering, searches, and unenumerated rights).

Griswold v. Connecticut (1965): What privacy right did it establish?

Right to contraception (privacy of marital relations).

Roe v. Wade (1973): What did it establish?

Right to abortion under privacy (primarily in the first trimester).

Planned Parenthood v. Casey (1992): What test did it introduce?

Undue burden test for abortion regulations.

Gonzales v. Carhart (2007): What did it uphold?

Ban on partial-birth abortion.

Are civil liberties more beneficial to criminals or to society as a whole?

They benefit society by ensuring fair trials and limiting government abuse, even if they also protect criminals.

How do civil liberties limit and expand the scope of government?

Limit: restrict government actions (e.g., speech censorship). Expand: require government to protect rights (e.g., lawyers, access to clinics).

McDonald v. Chicago (2010): What did the decision say about the Second Amendment?

The Second Amendment applies to the states through incorporation, strengthening gun rights.