Chapter 5 – Civil Liberties
Study Guide
01.
Use of dogs to sniff high school lockers for drugs has been determined by the Supreme Court to be? (p.98)
02.
A person treating the US flag contemptuously is seen by the Supreme Court as? (p.98)
03.
Case of Dr. Sheppard and Walter Winchell illustrates how civil liberties issues arise when? (p.99)
04.
Conflicts in civil liberties often arise because? (p.99)
05.
Civil liberties conflicts between Fraternal Order of Police & ACLU are most likely to be examples of? (p.99)
06.
The Espionage and Sedition Acts of the early 1900s were largely stimulated by fears of? (p.100)
07.
What early 20 century issue(s) is example of how entrepreneurial politics can enter the realm of civil liberties? (p.100)
08.
Senator Joseph McCarthy became a powerful policy entrepreneur by claiming that? (p.100)
09.
Usually, the Supreme Court has reacted to wartime curtailments of civil liberties by? (p.100)
10.
Earliest immigrant group to arrive in large numbers and thus alter the scope of civil rights issues? (p.100)
11.
Immigrant group usually associated with the drive for bilingual education is composed of? (p.101)
12.
Balance between community sensitivities & personal self-expression is most likely challenged when? (p.101)
13.
A good example of how community sensitivities and personal self-expression can sometimes conflict? (p.102)
14.
In 2000, the Supreme Court upheld the right of what organization to refuse membership to gay men? (p.101)
15.
List four facts that are true about the Bill of Rights and state power? (p.102)
16.
The Bill of Rights has come to apply to the states through the interpretation of? (p.102)
17.
Earliest incorporation of portions of the Bill of Rights relied upon what clauses in the Constitution? (p.102)
18.
In Palko v. Connecticut (1973), the Court began to apply rights of the states via? (p.102)
19.
List four rights in the Bill of Rights that has not been incorporated (applied) to the states. (p.102)
20.
List five freedoms that are provided in the First Amendment. (p.102)
21.
The Sedition Act of 1798 was considered an improvement over the British example, because it left the determination of
22.
Espionage & Sedition Acts that were passed in 1917/18 placed limits on publications that advocated? (p.103)
23.
Charles T. Schenck was convicted in 1919 under the Espionage Act for doing what? (p.103)
24.
In 1919, Supreme Court upheld conviction of Schenck under the Espionage Act because his actions? (p.103)
25.
English jurist William Blackstone believed that freedom of the press should be characterized by? (p.102-03)
26.
Supreme Court justice who compared unpopular political speech to falsely shouting fine in a theater? (p.103)
27.
When eleven communists were convicted under the Smith Act of 1940, the Supreme Court ruled? (p.104)
28.
When Clarence Brandenburg vacated the street at a KKK cross-burning rally as ordered, but threatened to reoccupy it
29.
When US Nazis sought to parade in Skokie, Illinois, where many Jews lived, the courts ruled? (p.105)
30.
In 1992, Supreme Court overturned a Minnesota statute involving display of odious symbols & ruled? (p.105)
31.
Right of free expression enjoys a higher status than other rights in US Constitution. This is known as? (p.107)
32.
Written defamation of character is known as? (p.105)
33.
Slander differs from libel in that it refers to? (p.105)
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guilt or innocence up to? (p.103)
later, the Supreme Court ruled? (p.104)
34-35. If a private person is harmed grievously by the statements of someone who can also prove the statements are true, what
is your legal recourse? (p.105)
What, if the statements cannot be proven to be true? (p.105)
36.
Justice Potter Stewart’s dictum on hard-core as opposed to soft-core pornography was? (p.106)
37.
Which Justice argued obscenity is a form of speech that should be protected by the 1 Amendment? (p.106)
38.
1973 Supreme Court definition of obscenity denies free-speech protection to materials or activities? (p. 106)
39.
A local statue forbidding adult movie theaters from being located near churches/schools was? (p.106-07)
40.
Protection under the Supreme Court’s definition of obscenity is given to? (p.106)
st
41.
An Indianapolis ordinance defining pornography as “graphic, sexually explicit subordination of women” was held by the
Supreme Court to be? (p.106)
42.
In 2002, the Supreme Court struck down a portion of a 1996 law related to child porn because? (p.107)
43.
Symbolic speech, as defined by the text, is? (p.108)
44.
When the House/Senate recently considered a law making it a federal crime to burn the US flag? (p.108)
45.
One form of symbolic speech permitted by the Supreme Court is? (p.108)
46.
If people have a right to speak & publish, do corporations, interest groups & children have it too? (p.108-09)
47.
When the Supreme Court considered the constitutional challenges to restrictions on speech in the McCain-Feingold
campaign finance reform law of 2002, it did what? (p.109)
48.
List 3 groups considered by Supreme Court as “persons” enjoying “free expression” rights? (p.108-09)
49.
Why did Supreme Court deny Hazelwood High School student newspaper its 1 Amendment rights? (p.109)
50.
Two clauses of the 1 Amendment that deal with religion are concerned with? (p.110)
51.
First Amendment says Congress may not pass laws prohibiting “free exercise” of religion, but can? (p.110)
52.
States cannot apply a license fee on Jehovah’s Witnesses who solicit door to door—in keeping with? (p.110)
53.
For SC to uphold conscientious objection to military service, the objection must be rooted in? (p.110)
54.
When SC rules that Amish people cannot be forced to send their children to school past 8 grade, it? (p.111)
55.
The historical source for the “wall of separation” between religion and the state is? (p.111)
56.
What laws did the Supreme Court uphold as Constitutional, regarding parochial schools? (p.112)
57.
In 1947, Supreme Court allowed a New Jersey town to fund bussing to a parochial school because? (p.111)
58.
Since 1992, a member of clergy offering a prayer at a public school graduation ceremony is? (p.112)
59.
The Supreme Court has struck down laws that require the teaching of? (p.112)
60.
Current Supreme Court rulings permit what four examples of state aid to church-related schools? (p.112)
61.
SC ruled that certain kinds of government involvement in religious activities are acceptable as long as? (p112)
62.
SC upheld a Cleveland, Ohio voucher program for students attending “private” schools because? (p.112)
63.
With respect to crime, it has been difficult for the courts to decide? (p.113)
64.
Most nations deal with the problems of illegally obtained evidence by? (p.114)
65.
Argument that tainted evidence cannot be used in court if citizen’s rights are to be maintained, is…? (p.114)
66.
The Court demanded that evidence obtained in Mapp v. Ohio be excluded because the police? (p.116)
67.
The purpose of the exclusionary rule, according to the Supreme Court, is to? (p.114-116)
68.
List four factual statements that are true regarding warrant requirements. (p.116)
69.
Police may legally search persons for evidence either when they have a search warrant or when? (p.116)
70.
Incident to a valid arrest of a person inside of a building, police may legally search what 4 areas? (p.116)
71.
Desk & files of a government employee may legally be searched by supervisors w/o warrant, if? (p.114)
72.
Landmark case of involuntary confession was that of? (p.118)
73.
A person being arrested must be informed of what four rights? (p.119)
74.
List four fact that are true about the case of Ernesto Miranda. (p.118)
75.
Miranda was extended to allow those accused -- to have lawyers present in what 4 circumstances? (p.118)
76.
Regarding the exclusionary rule, more recent decisions of the Supreme Court seem to be? (p.118-19)
77.
An example of a good-faith exception to the exclusionary rule would be if police did what? (p.119)
78.
Main provisions of the USA Patriot Act cover what four issues or activities of the US government? (p.120)
79.
The USA Patriot Act requires______ for a government tap on telephones or the internet. (p.120)
80.
The USA Patriot Act modifies the law for grand jury hearings by? (p.120)
81.
List four facts that are true about military courts and their proceedings. (p.120)
82.
When we caught Nazi spies who were sent to America, we classified and tried them as? (p.120)
83.
What the Bush Administration defined those captured in Afghanistan & detained in Guantanamo? (p.120)
84.
When Guantanamo detainees challenged the legality of their detention in federal courts, the SC? (p.120-21)
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