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Questions and Answers
What does the term 'civil liberties' refer to?
What does the term 'civil liberties' refer to?
Civil liberties are rights, chiefly, rights to be free of government interference, accorded to an individual by the Constitution; examples include free speech and free press.
What was the view held by the Founders of the Constitution concerning civil liberties?
What was the view held by the Founders of the Constitution concerning civil liberties?
- They thought that a list of rights outlining what the government *cannot* do was unnecessary, and that the list outlining the federal government's limited powers should be sufficient. (correct)
- They believed that a list of rights was necessary to prohibit the federal government from infringing on individual freedoms.
- They believed that the federal government should provide a list of rights that applies to state governments on matters of citizen freedoms.
- They believed that state governments should provide a list of rights that applies to the federal government.
What is the name of the landmark case in which the Supreme Court partially incorporated the double jeopardy provision of the Fifth Amendment?
What is the name of the landmark case in which the Supreme Court partially incorporated the double jeopardy provision of the Fifth Amendment?
- Powell v. Alabama
- Benton v. Maryland (correct)
- Gitlow v. New York
- Palko v. Connecticut
What is the clear-and-present-danger test, as established by the Supreme Court?
What is the clear-and-present-danger test, as established by the Supreme Court?
The Supreme Court ruling in Gitlow v. New York, in 1925, was the first time that the court incorporated the First Amendment -- making it applicable to states as well as the federal government.
The Supreme Court ruling in Gitlow v. New York, in 1925, was the first time that the court incorporated the First Amendment -- making it applicable to states as well as the federal government.
What is the name of the legislation that was passed a little more that one month after the September 11th attacks that increased the power of federal law enforcement to investigate suspected terrorists?
What is the name of the legislation that was passed a little more that one month after the September 11th attacks that increased the power of federal law enforcement to investigate suspected terrorists?
The Supreme Court ruled that the police can only seize evidence obtained through the illegal search of a suspect in what situation?
The Supreme Court ruled that the police can only seize evidence obtained through the illegal search of a suspect in what situation?
Flashcards
Civil Liberties
Civil Liberties
Rights protected by the Constitution to be free from government interference.
Bill of Rights
Bill of Rights
First 10 amendments of the U.S. Constitution, guaranteeing basic rights to individuals.
14th Amendment
14th Amendment
Amendment guaranteeing equal rights and due process protection to all citizens regardless of state.
Free Speech
Free Speech
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Freedom of the Press
Freedom of the Press
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Prior Restraint
Prior Restraint
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Selective Incorporation
Selective Incorporation
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Clear and Present Danger Test
Clear and Present Danger Test
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Libel
Libel
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Obscenity
Obscenity
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Symbolic Speech
Symbolic Speech
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Commercial Speech
Commercial Speech
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Youthful Speech
Youthful Speech
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Due Process Clause
Due Process Clause
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Equal Protection Clause
Equal Protection Clause
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Free Exercise Clause
Free Exercise Clause
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Establishment Clause
Establishment Clause
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Wall of Separation
Wall of Separation
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Study Notes
Civil Liberties
- Civil liberties are chiefly rights to be free of government interference, guaranteed by the Constitution
- Free speech, free press, and religious freedom are examples.
- In 1833, the Supreme Court ruled that the Bill of Rights only restricted the federal government, not state governments.
- The Fourteenth Amendment, ratified in 1868, slowly changed this, requiring states to respect these fundamental freedoms.
Differences Between Then and Now
- In the past prosecuting those who criticized the government was a common practice; now it's viewed as inappropriate.
- Attitudes toward individual liberty have shifted towards a more pro-libertarian stance, especially in the 20th century.
School Liberty Cases
- Students' rights are complex and often clash with school authority.
- Courts have ruled that school officials can search students with reasonable suspicion of rule violations.
- Students' right to passively protest, such as by wearing armbands, is protected.
- Displaying a message deemed to promote drug use is not protected under the First Amendment.
Civil Liberties and The Bill Of Rights
- The Bill of Rights was intended to restrict government powers, but the Bill of Rights doesn't explicitly stipulate what state governments are prohibited from doing.
- The Supreme Court has gradually applied the Bill of Rights' protections to the states (selective incorporation).
Freedom of Speech and the Press
- The First Amendment protects free expression, but this is not absolute.
- There are limitations on speech such as inciting violence or defamation, and during wartime.
- The "Clear and Present Danger" test, used to determine if speech can be restricted, is complex and has been applied differently in various cases.
Freedom of Religion
- The First Amendment includes two clauses on religion: the establishment clause and the free exercise clause.
- The establishment clause bars the government from establishing a state-sponsored religion.
- The free exercise clause protects religious freedom to practice religious beliefs, but not all religious actions are protected.
- Conflicts arise over issues of separation of church and state in schools and related institutions.
Crime and Due Process
- The exclusionary rule prohibits the use of illegally obtained evidence in court.
- The Supreme Court has developed specific rules on when and how police can search individuals, their homes, and belongings, and exceptions also exist for exigent circumstances, arrests, or searches related to public safety.
- The Supreme Court has established specific protections for individuals' rights while under arrest (Miranda rights). These include right to remain silent to avoid self-incrimination.
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