Civil Liberties Test Review

Amendments #1-10

1. First Amendment: Freedom of speech, press, assembly, and the right to petition the government 

2. Second Amendment: Right to bear arms

3. Third Amendment: Prohibits housing a solider without the homeowner’s consent 

4. Fourth Amendment:  Protects against search and seizures without a probable cause; Requires warrants or probable cause

5. Fifth Amendment: Guarantees rights to due process, protection against self-incrimination, double jeopardy, and just compensation for eminent domain.

6. Sixth Amendment: Ensures the right to a public and speedy trial, an impartial jury, the right to confront witnesses, and the right to counsel in criminal cases

7. Seventh Amendment: Guarantees the right to a jury trial in civil cases involving claims of more than $20.

8. Eight Amendment: Prohibits excessive bail, excessive fines, and cruel/unusual punishments

9. Ninth Amendment: Declares that the listing of certain rights in the constitution does not mean that people do not have other rights not explicitly listed 

10. Tenth Amendment: Reserves powers not delegated to the federal government to the states or the people.

Key Civil Liberties Concepts

1. Civil Liberties: Personal freedoms that are protected from the government (Freedom of speech, press, religion)

2. Establishment Clause: Prohibits the government from establishing a national religion or favoring one religion over the other

3. Free-Exercise Clause: Protects individuals' rights to practice their religion freely, without government interference.  

4. Libel/Slander: False written (libel) or spoken (slander) statements that damage a person’s reputation

5. Fighting Words: Speech that brings up violence or can cause harm; not protected under the First Amendment.

6. Symbolic Speech: Nonverbal expressions of beliefs, like flag burning, protected under the First Amendment.

7. Clear and Present Danger Test: Determines when speech can be limited if it poses a significant risk of inciting harm.

8. Direct Incitement Test: Limits speech only if it directly incites imminent lawless action (speech that is intended to incite a violation of the law that is both likely and imminent)

9. Prior Restraint: Government action that prevents speech or publication before it occurs, typically unconstitutional.

10. Obscenity/Pornography: Speech or materials considered offensive by community standards, subject to regulation.

11. Hate Speech: Speech targeting a group based on race, religion, or other characteristics; often protected unless it incites violence.

12. Incorporation Doctrine: Extends Bill of Rights protections to the states via the 14th Amendment

13. Selective Incorporation: The process by which specific rights in the Bill of Rights are applied to states case-by-case.

14. 14th Amendment & Due Process Clause: Guarantees no state shall deprive a person of life, liberty, or property without due process of law.

15. In loco parentis: Schools or institutions acting as a parent in students' interest.

16. Exclusionary Rule: Evidence obtained illegally cannot be used in court.

17. The Brady Bill: Federal law requiring background checks for firearm purchases.

Key Supreme Court Cases

1. Wisconsin v. Yoder

• Issue: Can Amish parents refuse compulsory education for their children?

• Ruling: Religious freedom under the Free-Exercise Clause outweighed the state's interest in education.
  
  

2. New York Times v. US

• Issue: Can the government prevent the publication of classified Pentagon Papers?

• Ruling: Prior restraint unconstitutional; publication protected under the First Amendment.
  
  

3. Schenck v. US

• Issue: Can speech encouraging draft resistance be punished?

• Ruling: Established the Clear and Present Danger Test.
  
  

4. Miller v. California

• Issue: What qualifies as obscene material?

• Ruling: Created the Miller Test for obscenity: whether it appeals to prurient interests, depicts sexual conduct offensively, and lacks value.

5. Tinker v. Des Moines

• Issue: Can students wear armbands as symbolic speech?

• Ruling: Symbolic speech is protected under the First Amendment.
  
  

6. Texas v. Johnson

• Issue: Is flag burning protected symbolic speech?

• Ruling: Yes, protected under the First Amendment.
  
  

7. Gitlow v. New York

• Issue: Does the First Amendment apply to states?

• Ruling: Established Selective Incorporation.
  
  

8. Near v. Minnesota

• Issue: Can prior restraint be applied to publications?

• Ruling: Prior restraint is generally unconstitutional.

9. Barron v. Baltimore

• Issue: Does the Bill of Rights apply to states?

• Ruling: Initially determined it does not (pre-incorporation Doctrine).

10. Miranda v. Arizona

• Issue: Are suspects informed of their rights during custodial interrogations?

• Ruling: Established Miranda Rights.

11. Gideon v. Wainwright

• Issue: Do states have to provide legal counsel for indigent defendants?

• Ruling: Yes, under the Sixth Amendment.

12. Weeks v. US

• Issue: Can evidence obtained without a warrant be used in federal court?

• Ruling: Established the Exclusionary Rule for federal cases.

13. Furman v. Georgia

• Issue: Is the death penalty applied arbitrarily unconstitutional?

• Ruling: Temporarily halted the death penalty.

14. Gregg v. Georgia

• Issue: Is the death penalty inherently unconstitutional?

• Ruling: Allowed the death penalty with proper safeguards.

15. Cruzan v. Missouri

• Issue: Can states require clear evidence to withdraw life support?

• Ruling: Upheld state’s authority with due process considerations.

16. Roe v. Wade

• Issue: Does the Constitution protect the right to abortion?

• Ruling: Established right to privacy includes abortion decisions.

17. Griswold v. Connecticut

• Issue: Does banning contraceptives violate the right to privacy?

• Ruling: Yes, under the implied right to privacy.

18. Engel v. Vitale

• Issue: Can schools sponsor prayer?

• Ruling: School-sponsored prayer violates the Establishment Clause.

19. New York Times v. Sullivan

• Issue: Is false reporting libel if it involves public figures?

• Ruling: Established the "actual malice" standard.

20. McDonald v. Chicago

• Issue: Does the Second Amendment apply to states?

• Ruling: Incorporated the Second Amendment to the states.