APAG Ch. 4 Civil Liberties

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APAG Ch. 4 Civil Liberties

• Practice Slides

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• The Supreme Court began applying the Bill of
  Rights to state governments (the process of
  incorporation) in 1925 with the free speech case
  __________.

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• Gitlow v. New York, 1925

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• The _____ Amendment was used to apply the Bill of
  Rights to the states, a process known as
  incorporation.

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• 14th Amendment

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• Prior to Gitlow, the Bill of Rights protected
  citizens from certain exercises of powers by the
  national government, but not by _______.

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• Abuses by the states

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• As originally presented in the Constitution, the
  Bill of Rights limited only the power of the
  ________, not that of _______.

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• National government / not states.

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• When we speak of ______ ______ in the U.S., we
  typically are referring to specific limitations
  on government outlined in the Bill of Rights and
  elsewhere in the Constitution.

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• Civil Liberties

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• ______ ______ represent something the government
  cannot do, such as abridge a freedom.

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• Civil Liberties

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• A _______ allows students to purchase education
  at public or private schools.

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• Voucher system

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• In _________ the Supreme Court ruled that direct
  state aid could not be used to subsidize
  religious instruction.

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• Lemon v. Kurtzman, 1971

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• ______ holds that the 14th Amendment incorporates
  the Bill of Rights into its restrictions on state
  governments.

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• Incorporation theory

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• The _______ in the 1st Amendment, as it is
  understood today means that neither the federal
  government nor the state governments can set up a
  church or abolish long-established institutions
  that aid religious bodies.

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• Establishment clause

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• Generally, todays Supreme Court has shown a
  greater willingness to allow the use of _______
  for programs in religious schools.

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• Public funds

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• In 1962, the Supreme Court threw out the
  _________ used in New York Public schools because
  it is no part of the business of government to
  compose such things.

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• Regents prayer

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• The Supreme Court has ruled that religious
  leaders cannot deliver non-sectarian prayers at
  _________.

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• Graduation ceremonies

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• Teaching _______ in the public schools has been
  controversial, cannot be banned, cannot be
  required to teach creationism, and cannot be
  subject to a disclaimer recited by each teacher.

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• Darwins theory of evolution

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• The ________ case affirmed the no prior restraint
  doctrine in 1971 with the publication of the
  Pentagon Papers.

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• New York Times v. United States

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• What did the Supreme Court say about the use of
  peyote for religious purposes?

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• It denied the use.

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• What must a work of art possess in order to be
  considered obscene?

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• It must lack serious redeeming literary,
  artistic, political, or scientific merit.

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• When the Supreme Court overturned the conviction
  of the KKK in 1969, what did it say about
  political speech and the advocacy of force?

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• It ruled that protecting the advocacy of force so
  long as the advocacy was not directed at inciting
  imminent unlawful actions was legal.

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• The __________ meant that speech may be curtailed
  if there is a possibility that such expression
  might lead to some evil or call for the overthrow
  of the U.S. government.

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• Bad-tendency rule

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• ______ is defined as advertising statements.

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• Commercial speech

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• ______ is the non-verbal expression of beliefs,
  such as the burning of the flag.

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• Symbolic speech

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• In _________, the Supreme Court ruled that states
  CAN outlaw the possession of child pornography in
  the home because owning the material perpetuates
  the commercial demand to exploit children.

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• Osborne v. Ohio

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• _______ are restrictions on the publication of
  news about a trial in progress.

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• Gag orders

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• For a public official to obtain a damage award
  under libel laws, he or she must prove ________
  and _________.

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• The person doing the libel knew it was not true
  and that it was done in actual malice.

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• _______ is defamation in writing.

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• Libel

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• What did the Supreme Court rule about campus
  speech codes?

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• Generally they are unconstitutional.

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• _______ is a false statement that harms the good
  reputation of another.

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• Slander

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• Is falsely accusing someone of wrongdoing
  face-to-face illegal?

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• No

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• What did the Supreme Court rule in the
  Communications Decency Act of 1996 and the
  Childrens Online Protection Act of 1998?

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• They were both blocked on constitutional grounds.

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• The _______ prohibits protestors from blocking
  entrances to abortion clinics.

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• The 1994 Freedom of Access to Clinic Entrances Act

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• The ________ is a policy forbidding the admission
  of illegally seized evidence at trial.

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• Exclusionary rule.

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• What has the Supreme Court said about
  physician-assisted suicide?

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• Liberty interest does not include a right to
  commit suicide.

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• _______ is defined as restraining an activity
  before that activity has actually occurred.

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• Prior restraint

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• What was the case about in 1965 where the Supreme
  Court formulated a right to privacy for the first
  time.

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• It involved the legality of contraceptives.

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• What was the purpose of the words under God
  being added to the Pledge of Allegiance in the
  1950s?

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• It was part of the campaign against Godless
  Communism.

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• What kind of trials in the U.S. allow evidence
  entered into the record that would not be allowed
  in a regular court and which the defendants to
  NOT have the presumption of innocence?

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• Military tribunals

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• In 1989, in _________, the Supreme Court ruled
  that states may ban the use of public hospitals
  for abortions.

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• Webster v. Reproductive Health Services

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• Which form of the media has the least protections
  from the 1st Amendment?

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• Broadcast media (TV Radio)

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• When can speech be limited according to the clear
  and present danger test?

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• When there is evidence that the speech would
  endanger the public.

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