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actions of state and local governments.

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The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by

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are constitutionally protected from infringement by government

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The term "civil liberties" refers to specific individual rights that

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freedom of expression.

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The individual right that is widely regarded as the most basic of individual rights is

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restrict speech that threatens national security.

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Justice Holmes's "clear and present danger" test holds that government can

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not absolute.

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Like all other rights, the right of free expression is

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of free speech.

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The conviction of members of the U.S. Communist Party in the early 1950s was initially upheld as a lawful restriction of the right

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First Amendment rights are the basis of most other rights.

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Justice Stone argued in 1938 that

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prior restraint should apply only in rare circumstances, and it is better to hold the press responsible for what it has printed than to restrict what it may print.

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The Supreme Court's position on prior restraint of the press is that

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when it can demonstrate that harmful acts will necessarily result from the rally

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Government can lawfully prevent a political rally from taking place

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selective incorporation.

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The inclusion of certain provisions of the Bill of Rights in the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called

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slander

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Spoken words that are known to be false and harmful to a person's reputation are an example of

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Obscenity is not protected by the First Amendment.

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Which of the following is correct with regard to obscenity and the law?

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favoring one religion over another or supporting religion over no religion.

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The establishment clause prohibits government from

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Zelman v. Simmons-Harris.

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The Supreme Court upheld the use of tax-supported vouchers to attend private or parochial school in

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the establishment clause.

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According to the Supreme Court, prayer in public schools violates

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Samuel Alito.

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In 2007 the Supreme Court reversed its stance on partial-birth abortion, largely due to the replacement of Sandra Day O'Connor with

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evidence obtained illegally is inadmissible in court.

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The exclusionary rule states that

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criminal proceedings in the states.

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In Mapp v. Ohio, the selective incorporation process was extended to include

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governments had observed procedural guarantees.

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In the case of McNabb v. United States, Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether

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The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.

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Which of the following is true of the appeal process?

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the implication of said right by the freedoms in the Bill of Rights..

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The Supreme Court has reasoned that a right of privacy is provided by

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Roe v. Wade

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The right to privacy was instrumental in which decision?

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reaffirmed the essential aspects of Roe v. Wade.

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In Planned Parenthood v. Casey (1992), the justices

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a federal law that bars in most instances a second federal appeal by a state prison inmate

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What is the greatest restriction on appeals in the United States?

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the right to privacy did not extend to consensual sexual relations among adults of the same sex.

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. In Bowers v. Hardwick (1986), the Supreme Court justices determined that

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allows the use of evidence that would have been discovered regardless by other means or through other forms of evidence.

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The inevitable discovery exception

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unreasonable searches.

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The Fourth Amendment protects Americans from

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Engel v. Vitale (1962).

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Voluntary school prayer in the public schools was ruled unconstitutional in

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the judiciary

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Which of the following, relative to the others, is typically more protective of individual rights?

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first amendment

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The freedoms of speech, press, assembly, and petition are found in

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The Act prohibited malicious newspaper stories about the president.

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Which of the following is true about the Sedition Act of 1798?

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speech could be restricted when the nation's security is at stake.

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In Schenck v. United States (1919), the Supreme Court ruled that

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flag burning, although offensive, cannot be prohibited.

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In the Johnson flag-burning case, the Supreme Court ruled that

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Dickerson v. United States.

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The Miranda warning was upheld by the Supreme Court in 2000 in

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the government can clearly justify the restriction.

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According to the Supreme Court, prior restraint on the press is only acceptable if

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the Miranda warning.

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"You have the right to remain silent....Anything you say can and will be used against you in a court of law....You have the right to an attorney." This is called

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Public officials can regulate the time, place, and conditions of public assembly, provided the regulations are reasonable

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According to the Supreme Court, which is true regarding freedom of assembly?

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Russia

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Which of the following is the only country that comes close to the United States in terms of the percentage of its citizens who are behind bars?

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allowing the prosecution an unlimited number of challenges in capital cases

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What Illinois policy did the Supreme Court invalidate with its decision in Witherspoon v. Illinois (1968)?

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5th

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Which constitutional amendment protects the individual against self-incrimination?

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furnish attorneys for poor defendants in felony cases.

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Gideon v. Wainwright required the states to

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None of these answers is correct.

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Since the 1980s, the Supreme Court has addressed the exclusionary rule by

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6th

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The right to counsel is guaranteed by the ________ Amendment.

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ensure the secular nature of a government action.

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The Lemon test is designed to

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14th

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Which of the following amendments contains a due process clause?

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has generally protected symbolic speech, though less substantially than it has protected verbal speech.

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The Supreme Court

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The Supreme Court began to protect the rights of the accused from action by the states.

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How did the Supreme Court's position on the rights of the accused in state courts change in the 1960s?

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written word.

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Libel applies to defamation of an individual's reputation through the

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4-6th, 14th

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In the Constitution, procedural due process is protected by the

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clear and present danger

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If a person yells "fire" in a crowded theater when there is no fire, and people are hurt in the ensuing panic, that individual abused his freedom of speech according to the doctrine of

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after the suspect has been warned that his or her words can be used as evidence

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When can police legally begin their interrogation of a suspect?

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4th

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Gideon v. Wainwright is to the Sixth Amendment as Mapp v. Ohio is to the

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texas

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________ has executed more convicted criminals in the past quarter century than any other state.

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do have the right to a judicial hearing.

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In a 2004 case involving the issue of whether a U.S. citizen accused of terrorist acts is entitled to constitutional protections, the Supreme Court held that such citizens

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grants the government new powers of surveillance, relaxed restrictions on the sharing of intelligence surveillance information with criminal investigators, gives intelligence agencies the authority to share crime-related information with law enforcement agencies, was enacted in response to the terrorist attacks of September 11, 2001.

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The USA Patriot Act

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Prior restraint is government prohibition of speech or publication before the fact. The Supreme Court has ruled it unconstitutional, except in extreme circumstances of national security or public safety, as an illegal restraint on free expression. The burden of proof in such instances is on the government: it must clearly show that a grave danger would result from the publication. The doctrine of prior restraint was detailed in New York Times Co. v. United States (1971).

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Explain the concept of prior restraint of the press. Include one example of how the Supreme Court has ruled on this issue

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The establishment clause has been interpreted by the courts as meaning that the government may not favor one religion over another or support religion over no religion at all. Thus, a wall of separation must be maintained between church and state. The free exercise clause means that Americans are free to hold any religious beliefs they want, although they are not always free to act on their beliefs. The Supreme Court has allowed government interference when the exercise of religious belief conflicts with otherwise valid law.

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Discuss the differences between the First Amendment's establishment and free exercise clauses.

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Procedural due process refers to procedures or methods that government must follow before a person can legally be deprived of life, liberty, or property. The U.S. Constitution offers procedural safeguards designed to protect a person from wrongful arrest, conviction, and punishment. These procedures include prohibitions on unreasonable search and seizure, self-incrimination, double jeopardy, and excessive bail or fine, and include guarantees of legal counsel, jury trial, speedy trial, and the confrontation of witnesses. These rights apply to the federal government through the Bill of Rights and have been extended to cover state action by selective incorporation through the Fourteenth Amendment.

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Explain the concept of procedural due process and list several of the procedural rights protected by the Constitution. Do these rights apply to all levels of government? Explain.

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The Supreme Court has typically let Congress and the state legislatures determine the appropriate penalties for crime. It has upheld some challenged state punishments in high profile cases, and some states continue to have extremely high incarceration and execution rates. With regard to the death penalty, however, the Court has placed some limits on states' ability to execute prisoners, particularly mentally retarded and juvenile ones.

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How has the Supreme Court interpreted the Eighth Amendment's prohibition against cruel and unusual punishment in recent years? Explain.

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Selective incorporation refers to the absorption of certain provisions of the Bill of Rights, including freedom of speech and press, into the Fourteenth Amendment. These rights are thereby protected from infringement by the states. After the Civil War, the Fourteenth Amendment was debated in Congress. There was no indication its framers intended it to protect First Amendment rights, such as freedom of speech and press, from state action. Seventy years later, the Supreme Court invoked the Fourteenth Amendment's due process clause in a free speech case, which was followed by a series of cases that established the process of selective incorporation. In doing so, the Court declared certain rights to be a fundamental part of democratic society and, therefore, to be protected from state intervention. At first, the Court included only free expression rights in its interpretation. In the 1960s, selective incorporation was used also to protect fair trial rights.

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What is meant by selective incorporation? Discuss the history of this process and its importance to the protection of individual rights.

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