question

TLO v. New Jersey

answer

1985 - "reasonable suspicion," officials didn't need warrant to search student's possessions

question

Morse v. Frederick

answer

"bong hits 4 jesus," speech containing drug use can be limited in schools

question

Tinker v. Des Moines

answer

1969 - "substantial disruption," students could wear black armbands to protest US involvement in Vietnam war

question

Hazelwood v. Kuhlmeier

answer

1988 - press in school can be limited, school can regulate if against school mission

question

Bethel v. Fraser

answer

1986 - sexual language or innuendo can be limited in school, disruption

question

civil rights

answer

equal treatment under law, government action to secure rights of citizens, popular sovereignty amendments - 13-15, 19, 26

question

civil liberties

answer

individual freedoms that limit the power of government, Bill of Rights

question

the source of authority cited by the Supreme Court for applying the Bill of Rights to the states

answer

14th Amendment

question

in the conflict between accommodationist and separationist views of the establishment clause, the Supreme Court has, in recent times

answer

established no clear pattern and has favored each position at various times

question

the Lemon test

answer

3 part test to determine if establishment clause is violated - have nonreligious purpose - neither advance or limit religion - no excessive entanglement of government and religion

question

In attempting to decide when speech can be prohibited, the Supreme Court has

answer

made it harder for government to suppress speech

question

The national government decides to prosecute a speaker who states at a political rally, "The U.S. government's policy toward the Middle East is responsible for the violence in the region, and our leaders should be forced to change their policy." Although the government would most likely be unsuccessful, for what would the government prosecute the speaker?

answer

sedition

question

treason

answer

the act of aiding and comforting enemy of US in time of war (spying)

question

sedition

answer

use of language that encourages people to rebel against lawful government

question

Schneck v. United States

answer

1919 - established boundaries for constitutional protections of free expression, established Clear and Present Danger test

question

Brandenburg v. Ohio

answer

1969 - created Imminent Lawless Action test (current test) created a new standard for regulating political speech where the speech has to be linked to action within a specific time frame (person had to be likely to succeed)

question

prior restraint

answer

stopping someone from expressing an idea or providing information before publishing

question

Near v. Minnesota

answer

1931 - MN law that kept news from publishing about government corruption, form of censorship and violated 1st Amendment

question

shield laws

answer

reporters can protect sources identity

question

Branzburg v. Hayes

answer

1972 - reporters have to testify about info in court, just like all other citizens

question

libel

answer

written statement or visual presentation that is defamatory or unjustly harms another's character or reputation

question

slander

answer

verbal defamation

question

NY Times v. Sullivan

answer

1964 - set libel guidelines, libelous if there was knowledge that they disregarded

question

obscenity

answer

something sexually indecent and highly offensive

question

Miller v. California

answer

1973 - child pornography is not protected as expression, does obscene speech, by law, meet defined community standard

question

symbolic speech

answer

an action meant to deliver a message

question

order of protected speech

answer

1. Political Speech 2. Symbolic Speech 3. Obscene Speech 4. Offensive/Hate Speech 5. Fighting Words - words lead to violence

question

Miller Test

answer

- community contemporary standards - state law - SLAPS test government has to prove all

question

SLAPS test

answer

serious, literary, artistic, political, scientific

question

Mapp v. Ohio

answer

1961 - Incorporation of exclusionary rule (extended exclusionary rule to states)

question

exclusionary rule

answer

illegally seized evidence cannot be used to obtain a conviction

question

Gideon v. Wainwright

answer

1963 - right to attorney in non-capital case

question

Powell v. Alabama

answer

1932 - right to attorney in capital case

question

Santa Fe v. Jane Doe

answer

2000 - Sanctioned prayer in schools, even in extra-curricular activities, is a violation of the establishment clause

question

Texas v. Johnson

answer

1989 - flag burning was protected as symbolic speech

question

Gitlow v. NY

answer

1925 - freedoms in Bill of Rights protect people from state and federal governments

question

due process

answer

Fifth Amendment guarantee that the government will use fair and lawful procedures when fulfilling its functions

question

procedural due process example

answer

Fairly applying a law that requires a group to get a permit to hold a parade

question

constitutional right to privacy

answer

a right to privacy is not clearly spelled out in the Constitution, but many people argue the right is implied

question

substantive due process

answer

standard that the courts may apply to determine if a law itself is reasonable or a violation of constitutional rights

question

Griswold v. Connecticut

answer

1965 - opened the door for a variety of claims regarding the right to privacy

question

1st Amendment

answer

freedom of - speech - religion - press - assembly - petition

question

2nd Amendment

answer

right to bear arms

question

3rd Amendment

answer

right to refuse quartering (soldiers in house)

question

4th Amendment

answer

search and seizures - police need a warrant

question

5th Amendment

answer

- right to remain silent - grand jury requirement - no double jeopardy - due process

question

6th Amendment

answer

- speedy and public trial - have lawyer - right to witness testify - cross examen witness - jury be peers - face accuser(s)

question

7th Amendment

answer

jury trial in civil cases (over $20)

question

8th Amendment

answer

no cruel and unusual punishment, no excessive bail

question

9th Amendment

answer

unenumerated rights - rights extend beyond the Bill of Rights, if it's not in constitution, it's reserved for the individual people

question

10th Amendment

answer

reserved powers (state powers)

question

14th Amendment

answer

- Guarantee of due process under the law - equal protection under law, - Guarantee of citizenship to groups previously denied

question

police power

answer

authority to promote and protect health, safety, and welfare of people, exercised primarily by state/local

question

process of incorporation as it has evolved in the US

answer

via the due process clause, the Bill of Rights has selectively been incorporated to the states

question

Free exercise clause

answer

congress can't limit exercise of religion beliefs, - this does not cover a person's right to behave

question

Engel v. Vitale

answer

1962 - no prayer in groups in schools, individual students can pray anywhere

question

1984 Equal Access Act

answer

all groups have same rights to use school buildings for meetings

question

establishment clause

answer

congress can't make laws respecting an establishment of religion, separation between church and state

question

probable clause

answer

reasonable grounds to search

question

Miranda Rights

answer

police must inform suspects of their rights to refuse to answer

question

Brown v. Mississippi

answer

1936 - police tortured suspect to force confession (self-incrimination) - unconstitutional

question

writ of Habeas Corpus

answer

requires police to bring accused person to court and show good reasons for jailing

question

bills of attainder

answer

government can't pass laws directed at specific person

question

ex post facto laws

answer

government can't pass laws that apply to actions that took place before laws were passed

question

expectation of privacy test

answer

1. Did you actually expect some degree of privacy? (Not might nor often or sometimes) 2. Is your expectation to privacy objectively reasonable? Does society as a whole agree?

question

key factors to determine reasonableness

answer

- is the item that the school is searching for something dangerous? - how reliable is the information? - how badly was the person's privacy invaded?

question

bill of rights designed to

answer

protect people's civil liberties

question

reason for the government to limit individual rights

answer

to protect the safety and health of the public

question

the first amendment gives individuals the right to express their concerns to gov officials t/f

answer

true

question

In a test of sedition laws, what rule did the Court establish to decide if an expression was seditious and not protected by the First Amendment?

answer

the clear and present danger test

question

court general definition of hate speech

answer

verbally insulting someone of a different race to the point of causing a disturbance

question

New York Times v. Sullivan established the test for libel against a public official as false statement that

answer

shows actual malice

question

Cable television stations have greater constitutional protections than other stations because

answer

they don't use public airways

question

According to Supreme Court rulings, which of the following is not a form of symbolic speech that is protected by the First Amendment? a. wearing armbands to protest war b. burning the U.S. flag c. burning a draft card d. staging a sit-in

answer

c.) burning a draft card

question

In the interest of national security, the U.S. government limits free speech by outlawing ____, any act that aids a U.S. enemy during wartime.

answer

treason

question

libel isn't...

answer

protected under the 1st amendment

question

Child pornography and other types of offensive material are considered ____ and are not protected by the First Amendment.

answer

obscenity

question

The First Amendment prevents the government from using ___ to censor information or idea that someone might seek to publish in a newspaper.

answer

prior restraint

question

The use of language that encourages rebellion against the government is ____ and is not protected by the First Amendment

answer

sedition

question

According to the 14th Amendment, States cannot take your life, freedom or stuff without

answer

due process

question

Which Supreme Court case said the Bills of Rights applied only to the National Government?

answer

Barron v. Baltimore

question

Which of the following term is used to describe the process by which the rights in the Bill of Rights have been applied to the States on a case by case, right by right basis?

answer

Selective incorporation

question

Which of the following Supreme Court cases did not incorporate a right to the States? a. Gitlow v. New York b. Mille Lacs Band of Ojibwe v. Minnesota c. Mapp v. Ohio d. All of these cases incorporated a right e. Benton v. Maryland

answer

b.

question

civil liberties

answer

limited gov

question

civil rights

answer

pop sov

question

In which of the following Supreme Court cases, did the court rule that calling someone a "********ed racketeer" and a "damned fascist" in a public place did not convey ideas and were, therefore, not subject to First Amendment protections. The court described these utterances as "fighting words" - words that "inflict injury or tend to incite an immediate breach of the peace".

answer

Chaplinsky v. New Hampshire

question

Which of the following standards is the current test the courts use to determine if government can regulate your speech (not in school)?

answer

The Imminent Lawless Action Test

question

The highest level of protection is reserved for what type of speech?

answer

political

question

Which type of speech has the lowest level of protection ?

answer

fightin'

question

The Imminent Lawless Action test was established in which Supreme Court case?

answer

Brandenburg v. Ohio

question

What is the primary reason to have freedom of speech?

answer

allow for the criticism of government

question

In which of the following Supreme Court cases, did the court say "The question in every case is whether the words used are used in such circumstances and are of such a nature to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." The "clear and present danger" standard was later replaced by the "imminent lawless action" standard.Schenck v. United States

answer

Schenck v. United States

question

The Supreme Court ruling in NAACP v. Alabama guaranteed

answer

the right to freedom of association

question

The First Amendment guarantees people's right to associate with any group they choose without government intervention.

answer

true

question

In a 1978 decision, the Illinois Supreme Court ruled that the government could prevent neo-Nazis from parading through a largely Jewish city without violating the First Amendment.

answer

true

question

The Supreme Court has interpreted the First Amendment to allow demonstrations that would disrupt educational activities in school.

answer

false

question

What is the purpose of time, place and manner regulations?

answer

to maintain the public order and general safety by regulating the freedom of assembly

question

The First Amendment guarantees the right to demonstrate on the private property of a business.

answer

false

question

The Supreme Court has determined that the government can restrict

answer

demonstration in prison

question

Which Supreme Court decision said that the censorship of the content of a story before it is in print or aired on television is unconstitutional?

answer

Near v. Minnesota

question

What does libel mean? I. written defamation of a person's character or reputation II. broadcasted defamation that exposes a person to public hatred III. published pictures that defame a person's character IV. oral defamation of a person's character or reputation V. publishing in print lies about a person

answer

I, II, III, V only

question

In which of the following Supreme Court decisions did the Court uphold the prohibition against prior restraint and at the same time limited the President's power of executive privilege?

answer

New York Times v. the United States

question

All of the following are reasons to preserve the freedom of the press except a. It is essential for the political system to work. b. If the story is untrue, there is already a remedy c. The press protects us from an overreaching government. d. Our democracy relies on the citizens having enough information to make decisions and hold elected officials accountable. e. Suppression of a free press is "how dictators get started".

answer

b

question

What does "abridge" mean in the context of the first amendment? I. A span over an otherwise impassable expanse II. to curtail III. to shorten without losing the sense or meaning IV. to lessen in scope and authority V. to preserve

answer

II, IV only

question

Which Supreme Court decision created the standard/precedent/ test that the courts use to determine whether a public official has been libeled?

answer

New York Times v. Sullivan

question

What was the 1971 Supreme Court case that established a three-part test for determining if a government law or action violates the Establishment Clause?

answer

lemon v. Kurtzman

question

The Supreme Court has ruled that to remain neutral toward religion, the government may exempt religious organizations from paying ___ taxes.

answer

property

question

The ___ Clause of the 1st Amendment would not allow a local government to place a religious holiday display, such as a nativity, in a public park.

answer

establishment

question

According to guidelines set by the ___ test, it is constitutional to provide interpreters for deaf children attending religious schools because doing so ensures equal access to education.

answer

lemon

question

Which of the following religious practices did the Supreme Court rule an exception to the Free Exercise Clause because the practice broke the law or threatened the public good?

answer

bigamy practice of mormons

question

The 1984 Equal Access Act

answer

allowed student-run religious groups to meet in public schools.

question

Official sponsored prayer in public schools, even if voluntary, was ruled to violate the Establishment Clause in the 1962 ____ Supreme Court case.

answer

Engel v. Vitale

question

What is the Free Exercise Clause?

answer

a person's First Amendment right to his or her individual religious beliefs

question

The Sixth Amendment does not guarantee legal representation for those accused of minor crimes.

answer

false

question

One provision of the Eighth Amendment is that a

answer

judge cannot set excessive bail

question

A person cannot be tried twice for breaking both a federal and state law with one criminal act.

answer

false

question

The Sixth Amendment's guarantee of a speedy trial a. makes it less likely that the witnesses will forget important details. b. decreases the risk of lost evidence. c. all of the above. d. keeps a defendant who cannot pay bail from being held in jail for long periods.

answer

c.

question

What guidelines has the Supreme Court used to determine what is cruel and unusual punishment?

answer

current social standards

question

As was the case in the O.J. Simpson trial, judges sometimes allow federal trials to be televised.

answer

false

question

One reason for keeping trials public is

answer

to allow the public to see how the judicial system works.

question

obscene speech

answer

miller test, contemporary community standard, state laws and slaps test (lacks serious, literary, artistic, political or scientific value can be punished)

question

tinker test

answer

material and substantial disruption- reserved for majority of political speech

question

fraser test

answer

if it is obscene speech- you can be punished

question

hazelwood test

answer

school sponsored activity and is it against educational goals

question

morse vs. fredrick

answer

pro drug message

question

lemon test (religion)

answer

government's action must have a secular legislative purpose or must not have the primary effect of either advancing or inhabiting religion or must not result in an "excessive gov entanglement" with religion

question

probable cause

answer

facts/evidence that prove that a crime has been committed

question

reasonable suspicion

answer

crime *may* have been committed

question

warant-less searches

answer

with *a* person's consent necessary to protect officer's safety when you have been seized based on valid grounds for the seizures "search incident to arrest" when evidence is in plain view evidence can be destroyed (e.g. cars) hot pursuit

question

exclusionary rule

answer

prevents gov from using evidence they found on an illegal search (can't punish you)

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