Chapter 4: Civil Liberties – 1st Amendment Selective Incorporation

AP US GOVERNMENT & POLITICS
Chapter 4: Civil Liberties – 1st Amendment
Name___________________________
Read this chapter and, as you read, prepare the following 3-part description for each term/concept:
• Fully define the term IN YOUR OWN WORDS
• Explain the significance of the term in American government
• Where possible, include an example to illustrate the term
Ch. 4 – Civil Liberties: First Amendment – Terms
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Civil Liberties
Civil Rights
Ninth Amendment
Tenth Amendment
Fourteenth Amendment
Due Process Clause
Substantive Due Process
Incorporation Doctrine
Selective Incorporation
Selective Incorporation Extended Response:
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Who or what was the Bill of Ribhts intended to protect citizens against?
Explain the SCOTUS ruling in Barron v. Baltimore (include how the Court ruled and
why).
Gitlow v. New York – briefly identify the facts of the case. Discuss the Court’s ruling and
reasoning.
Which freedoms have NOT been selectively incorporated?
Freedom of Religion Extended Response:
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What is the difference between the establishment clause and the free exercise clause of
the 1st Amendment?
Lemon v. Kurtzman sets out the test for determination of whether the establishment clause
has been violated in cases of aid to church-related schools, Explain the three questions
considered by the Court in the Lemon test.
How has the Court applied the Lemon test in more recent cases?
Free Exercise Clause:
a)
Explain how the free exercise clause does not provide an absolute right.
b)
Explain the conflict between Congress and the Courts regarding the free exercise
clause.
Freedom of Speech Extended Response:
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What kinds of activities do and do not constitute "speech?" What type of “speech” is
NOT protected?
What is “prior restraint” and how does the Court generally rule in these cases?
Explain the Court’s ruling in NY Times v. U.S.
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What happened in Schenck v. U.S.? Explain the Court’s decision and the clear and
present danger doctrine.
What new test did SCOTUS apply in Brandenburg v. Ohio?
What type of speech did the Court protect in Tinker v. Des Moines School District?
Define “hate speech” and identify how the Court has ruled in these cases.
What are “free speech zones” and why does the ACLU disagree with them?
Differentiate between libel and slander.
Explain the Court’s ruling in New York Times Co. v. Sullivan.
What must a public figure prove to win a libel or slander case?
Obscenity is unprotected speech. What was the Roth test for obscenity?
How did Miller v. California redefine obscenity?
Freedom of Assembly/Petition Extended Response:
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What are the two rights associated with freedom of assembly?
Explain how the right to assemble can be constitutionally restricted.
Images:
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Review the image on p. 107.
How do gun control laws vary across the nation? What geographic patterns do you
observe?
Which gun control laws are most and least common? How do you explain these
variations?