Honors Government – Chapter 04 – Civil Liberties – Review Worksheet Extending the Bill of Rights to State Governments 1.The personal freedoms that are protected for all individuals are called civil liberties. 2.Civil liberties represent something the government cannot do, such as abridge a freedom. 3.When we speak of civil liberties in the United States, we mostly are referring to the specific limitations on government outlined in the Bill of Rights. 4.As originally presented in the Constitution, the Bill of Rights limited only the power of the national government, not that of the states. 5.Although the Bill of Rights protected citizens from certain exercises of powers by the national government, there were no guarantees that rights would be protected by all states. 6.The 14th Amendment applied the Bill of Rights to the states. 7.In Gitlow v. New York the Supreme court ruled that the 14th Amendment protects free speech in the states. 8.The incorporation theory states that the 14th Amendment protects the Bill of Rights against the state governments. The Freedom of Religion 9. The First Amendment provides for freedom of religion through the separation of church and state and guaranteeing the free exercise of religion. 10. The establishment clause in the First Amendment means that neither the federal government nor the state governments can set up a church. 11. In Lemon v. Kurtzman the Supreme Court ruled that direct state aid could not be used to subsidize religious instruction. 12. Generally, today's Supreme Court has shown a greater willingness to allow the use of public funds for programs in religious schools. 13. In a voucher system students are given vouchers to purchase education at public or private schools. 14. In Wallace v. Jaffree the Supreme Court struck down as unconstitutional an Alabama law authorizing one minute of silence in all public schools for prayer or meditation because the law was an endorsement of religion. 15. The state of Tennessee considered legislation that would allow schools to fire teachers who teach evolution as a fact. 16. Supporters of the Hang Ten movement claim that the ten commandments are secular as well as religious and that displaying the ten commandments does not violate the establishment clause. 17. The Religious Freedom Restoration Act required governments to accommodate religious conduct. Freedom of Expression 18.According to the clear and present danger test, expression may be restricted if evidence exists that such expression would cause a condition which would endanger the public. 19.The bad-tendency rule meant that freedoms may be curtailed if there is a possibility that such expression might lead to some evil. 20.Prior restraint is defined as restraining an activity before that activity has actually occurred. 21.New York Times v. United States affirmed the no prior restraint doctrine. 22.Symbolic speech is nonverbal expression of beliefs. 23.Texas v. Johnson protected flag burning as a form of symbolic speech. 24.Commercial speech is usually defined as advertising statements. 25.Before material can be considered obscene, the work taken as a whole must appeal to prurient interest in sex and must depict patently offensive sexual conduct. 26.In Osborne v. Ohio the Supreme Court ruled that states can outlaw the possession of child pornography in the home because owning the material perpetuates the commercial demand. 27.The Communications Decency Act of 1996 and the Children's Online Protection Act of 1998 have not been implemented because of court challenges to their constitutionality. Honors Government – Chapter 04 – Civil Liberties – Review Worksheet 28.Slander laws protect people from defamation of character. 29.Slander is the false statement that harms the good reputation of another. 30.Falsely accusing someone of wrong-doing in a private conversation does not constitute slander. 31.Boisterous and generally disruptive behavior by listeners of public speakers, when the speakers' right to free speech is violated is a heckler's veto. 32.In 2000, the Supreme Court ruled that students at a university must pay mandatory student activity fees even if they disagree with the causes the fees support. Freedom of the Press 33.Libel is defamation in writing. 34.In order for a public official to obtain damage awards under state libel laws, he or she must prove actual malice. 35.Gag orders have been used to restrict the publication of news about a trial in progress. 36.In Nebraska Press Association v. Stuart the Supreme Court held some gag orders violate the First Amendment. 37.The medium with the most limited First Amendment protections is radio and t.v. The Right to Assemble and Petition the Government 38.The Supreme Court has allowed municipalities to require permits for parades, sound trucks, and demonstrations so that public officials may control traffic or prevent demonstrations from turning into riots. More Liberties Under Scrutiny: Matters of Privacy 39.The Privacy Act of 1974 allows citizens the right to obtain copies of personal records collected by federal agencies. 40.According to the Supreme Court in the Roe v. Wade case, during the third trimester the state may outlaw abortions. 41.In 1989, the Supreme Court announced a decision concerning abortion in the case Webster v. Reproductive Health Services. The Court's ruling allows states to ban the use of public hospitals for abortions. 42.In 1992, the Supreme Court announced a decision concerning abortion in the case of Planned Parenthood v. Casey. The Court's ruling allows states to require a 24-hour waiting period, all women seeking an abortion to receive counseling 24 hours prior to the abortion, and judicial or parental permission from females under 18 seeking an abortion. 43.In Cruzan v. Director, Missouri Department of Health the Supreme Court has said life-sustaining treatment can be withdrawn with clear evidence the patient did not want it. 44.With regard to physician-assisted suicide the Supreme Court has said that the liberty interest does not include a right to commit suicide. 45.Current legislation regarding wiretapping allows the government to conduct roving wiretaps, and violate the Supreme Court's interpretation of the Fourth Amendment. The Great Balancing Act: The Rights of the Accused versus... 46.Limits on conduct of police and prosecutors include no unreasonable or unwarranted searches or seizures. 47.A defendant's pretrial rights include the right to legal counsel, and the right to remain silent. 48.The Writ of habeas corpus is the right to know the charges against you. 49.An individual's trial rights include the right to a speedy and public trial. 50.The exclusionary rule is a policy which prohibits the arresting officer to serve as a character witness at a hearing or trial. 51.Today 38 states have the death penalty.
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