Podcast
Questions and Answers
Which of the following best defines civil liberties?
Which of the following best defines civil liberties?
- Powers granted to the government to maintain public order.
- Economic rights guaranteed by the government.
- Freedoms that protect individuals from arbitrary governmental actions. (correct)
- Privileges extended to citizens by the legislative branch.
The Bill of Rights primarily outlines the powers of the government and its ability to regulate citizens' lives.
The Bill of Rights primarily outlines the powers of the government and its ability to regulate citizens' lives.
False (B)
What is the significance of the Exclusionary Rule?
What is the significance of the Exclusionary Rule?
Prevents illegally obtained evidence from being used in court
The Fifth Amendment protects against __________, meaning an individual cannot be tried twice for the same crime if found innocent the first time.
The Fifth Amendment protects against __________, meaning an individual cannot be tried twice for the same crime if found innocent the first time.
Match each amendment to its corresponding right:
Match each amendment to its corresponding right:
What does the Miranda Warning primarily protect?
What does the Miranda Warning primarily protect?
The Sixth Amendment guarantees the right to an attorney only to those who can afford one.
The Sixth Amendment guarantees the right to an attorney only to those who can afford one.
What does the phrase in forma pauperis mean in the context of legal proceedings?
What does the phrase in forma pauperis mean in the context of legal proceedings?
The Eighth Amendment prohibits ______ bail and fines, as well as cruel and unusual punishment.
The Eighth Amendment prohibits ______ bail and fines, as well as cruel and unusual punishment.
What does it mean when rights are described as not being ‘absolute’?
What does it mean when rights are described as not being ‘absolute’?
Restrictions on free speech are unconstitutional even during times of national crisis.
Restrictions on free speech are unconstitutional even during times of national crisis.
What is selective incorporation, and what role does the Fourteenth Amendment play in it?
What is selective incorporation, and what role does the Fourteenth Amendment play in it?
The ________ clause of the Fourteenth Amendment is also used in civil rights cases to address discrimination.
The ________ clause of the Fourteenth Amendment is also used in civil rights cases to address discrimination.
According to the 'clear and present danger' doctrine, speech can be restricted if it:
According to the 'clear and present danger' doctrine, speech can be restricted if it:
Obscenity is easily defined by the Supreme Court and has a universally accepted legal definition.
Obscenity is easily defined by the Supreme Court and has a universally accepted legal definition.
What is sedition?
What is sedition?
______ is the act of harming a person's reputation through false written statements, while ______ involves false oral statements.
______ is the act of harming a person's reputation through false written statements, while ______ involves false oral statements.
In Schenck v. United States (1919), what was the Supreme Court's ruling regarding free speech during wartime?
In Schenck v. United States (1919), what was the Supreme Court's ruling regarding free speech during wartime?
The need for a free press is primarily to ensure entertainment and diverse opinions.
The need for a free press is primarily to ensure entertainment and diverse opinions.
What is prior restraint?
What is prior restraint?
In cases of libel, a statement must be known to be ______ at the time of publication to be considered defamatory.
In cases of libel, a statement must be known to be ______ at the time of publication to be considered defamatory.
What was the central issue in New York Times v. United States (the Pentagon Papers case)?
What was the central issue in New York Times v. United States (the Pentagon Papers case)?
The Establishment Clause promotes one specific religion.
The Establishment Clause promotes one specific religion.
What was the constitutional question in Engel v. Vitale (1962)?
What was the constitutional question in Engel v. Vitale (1962)?
Engel v Vitale ruled that the government cannot draft prayers for any segment of its population to repeat in a government-sponsored ___________ program.
Engel v Vitale ruled that the government cannot draft prayers for any segment of its population to repeat in a government-sponsored ___________ program.
What does the Free Exercise Clause of the First Amendment protect?
What does the Free Exercise Clause of the First Amendment protect?
Wisconsin can compel school attendance.
Wisconsin can compel school attendance.
In Wisconsin v. Yoder (1972), what was the Court's ruling regarding the Amish students' attendance?
In Wisconsin v. Yoder (1972), what was the Court's ruling regarding the Amish students' attendance?
The court ruled in Yoder’s position saying that it its okay if the ____________ has a reason to it.
The court ruled in Yoder’s position saying that it its okay if the ____________ has a reason to it.
Which case deals primarily with the Establishment Clause regarding religion in schools?
Which case deals primarily with the Establishment Clause regarding religion in schools?
Flashcards
Civil Liberties
Civil Liberties
Basic personal freedoms protecting individuals from arbitrary government actions without due process.
Exclusionary Rule
Exclusionary Rule
Evidence obtained illegally cannot be used in court.
5th Amendment
5th Amendment
Guarantees due process, protection from double jeopardy, and the right against self-incrimination.
6th Amendment
6th Amendment
Signup and view all the flashcards
8th Amendment
8th Amendment
Signup and view all the flashcards
Selective Incorporation
Selective Incorporation
Signup and view all the flashcards
Clear and Present Danger
Clear and Present Danger
Signup and view all the flashcards
Fighting Words
Fighting Words
Signup and view all the flashcards
Obscenity
Obscenity
Signup and view all the flashcards
Sedition
Sedition
Signup and view all the flashcards
Slander/Defamation
Slander/Defamation
Signup and view all the flashcards
Prior Restraint
Prior Restraint
Signup and view all the flashcards
Libel
Libel
Signup and view all the flashcards
Slander
Slander
Signup and view all the flashcards
Establishment Clause
Establishment Clause
Signup and view all the flashcards
Free Exercise Clause
Free Exercise Clause
Signup and view all the flashcards
Engel v. Vitale
Engel v. Vitale
Signup and view all the flashcards
Wisconsin v. Yoder
Wisconsin v. Yoder
Signup and view all the flashcards
New York Times v. United States
New York Times v. United States
Signup and view all the flashcards
Schenck v. US
Schenck v. US
Signup and view all the flashcards
Study Notes
- Civil liberties are basic personal freedoms outlined in the Bill of Rights.
- They protect individuals from arbitrary government actions without due process.
- Civil liberties limit government interference with personal freedom.
The Bill of Rights
- 1st Amendment: Freedom of religion and speech.
- 2nd Amendment: Right to bear arms.
- 3rd Amendment: No quartering of soldiers in private homes.
- 4th Amendment: Protection against unreasonable search and seizure.
- Exclusionary Rule: Illegally obtained evidence is inadmissible in court.
- 5th Amendment: Due process and rights related to crimes.
- Grand jury indictment required for crimes.
- Protection against double jeopardy.
- Protection against self-incrimination (Miranda Warning).
- 6th Amendment: Rights of the accused.
- Right to know the charges, call witnesses, and cross-examine.
- Right to a speedy and public trial.
- Right to an impartial jury.
- Right to an attorney, even if one cannot afford one (in forma pauperis).
- 8th Amendment: Protections against cruel and unusual punishment and excessive bail or fines.
- Interpretation of "cruel and unusual" evolves with societal standards.
Important Considerations
- Rights and freedoms are not absolute and can conflict.
- Rights and freedoms may be restricted during crises.
Selective Incorporation
- The Supreme Court applies the Bill of Rights to the states through selective incorporation.
- This is facilitated by the 14th Amendment.
- The due process clause ensures proper administration of law.
- The equal protection clause addresses civil rights and discrimination.
Freedom of Speech Limitations
- Clear & Present Danger: Speech that incites imminent lawless action is not protected.
- Brandenburg v. Ohio (1969)
- Fighting Words: Utterances that provoke anger and have little social value may not be protected.
- Chaplinsky v. New Hampshire (1942)
- Terminiello v. Chicago (1949) narrowed the scope of fighting words to those creating a clear and present danger.
- Obscenity: Speech violating public decency may be unlawful, but defining "obscenity" is challenging.
- Sedition: Advocating violent overthrow of the government is illegal.
- Slander/Defamation: False statements exposing someone to ridicule, hatred, or contempt, harming their reputation, are not protected.
- Exceptions: The truth, consent, accidental misquotes, and minor reporting errors.
- Schenck v. US (1919): Speech can be limited during crises or war.
Freedom of the Press
- A free press is essential as a "watchdog" to investigate government/business corruption.
- Prior Restraint: Government censorship preventing publication is generally unconstitutional
- Libel: Written defamation; must be knowingly false at the time of publication.
- Slander: Spoken defamation.
- New York Times v. United States: The government cannot use prior restraint to suppress publication, even to protect national security.
Freedom of Religion
- Two Clauses: Establishment Clause and Free Exercise Clause
- Establishment Clause: Government cannot establish or favor a religion.
- Engel v. Vitale (1962): Mandatory prayer in public schools is unconstitutional.
- Free Exercise Clause: Government cannot prohibit the free exercise of religion.
- Wisconsin v. Yoder (1972): Compelling Amish students to attend school beyond 8th grade violates their religious freedom.
- Engel v. Vitale: The government cannot designate or favor a religion, and cannot force people to engage in religious activities.
- Wisconsin v. Yoder: Individuals can freely exercise the religion of their choosing.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
