Ch+5+Civil+Liberties+-+Study+Questions+(with+Answers)

Gitlow v. New York upheld a state law that said that it is a crime to advocate the duty, need or appropriatness of overthrowing the federal government. This indirectly set a precedent and changed the 14th amendment. Now the states had more conrol over the freedom of speech and the press. Also, now the Bill of Rights covers both the states and the national government whereas before it only covered the national government.
 * 1)Explain the significance of Gitlow v. New York to the Fourteenth Amendment.**

2)Briefly define the Bill of Rights and discuss its addition to the Constitution.

//The Bill of Rights is the name by which the first ten amendments to the United States Constitution are known. They were introduced by James Madison to the First United States Congress in 1791 as a series of constitutional amendments, and came into effect on December 15 , 1791 , when they had been ratified by three-fourths of the States. The Bill of Rights limits the powers of the Federal government of the United States, protecting the rights of all citizens, residents and visitors on United States territory.//

3)What is the incorporation doctrine?

//The incorporation doctrine is an interpretation of the Constitution that says that the due process clause of the 14th Amendment requires that the state and local governments also guarantee those rights.//

4)Have all Bill of Rights protections been incorporated? Discuss.

5)Compare and contrast the two clauses in the First Amendment dealing with religion. There is the establishment clause, and the free exercise clause. The establishment clause prohibited the national government from establishing a national religion. The free exercise clause prohibited the U.S. government from interfering with a citizen's right to practice his or her religion.

6)**Discuss the Lemon test.** The Lemon Test is derived from the court case //Lemon v. Kurtzman// (1971). The Court's decision established the requirements for legislation concerning religion. It contains three parts: [|read more about the case here.] If any of these three parts are not met, the government's action is considered unconstitutional under the Establishment Clause of the First Amendment.
 * 1) //The government's action **must have a secular legislative purpose**;//
 * 2) //The government's action **must not have the primary effect of either advancing or inhibiting religion**;//
 * 3) //The government's action **must not result in an "excessive government entanglement" with religion**//

7)Compare and contrast the "clear and present danger test" and the "direct incitement test."

8)How does the Court deal with libel and slander? Proving statements as false or negligent is difficult whether it's a written or an oral statement. Most libel cases are settled outside of court.

9)Choose two limitations on free speech and discuss them. //Obscenity, defined by the Miller Test by applying contemporary community standards, is one exception. It is speech to which all of the following apply: appeals to the prurient interest, depicts or describes sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value. Another example of a limitation on free speech would be yelling "fire" in a crowded movie theater, as ruled on by Justice Oliver Wendell Holmes; or// //fighting words that are words or phrases that are likely to induce the listener to get in a fight.//

10)Explain the idea of, and limitations on, symbolic speech. //Symbolic speech is treated the same way that the right to free speech is treated it is fine as long as nobody is hurt during the process or as long as property is not damaged.//

11)What is prior restraint?

//Prior restraint is a legal term referring to a government's actions that prevent materials from being published. Censorship that requires a person to seek governmental permission in the form of a license or imprimatur before publishing anything constitutes prior restraint every time permission is denied. Sometimes, the government becomes aware of a forthcoming publication on a particular subject and seeks to prevent it. In other cases, the government attempts to halt ongoing publication and prevent its resumption.//

12)Discuss recent Court rulings on hate speech.

13)What controversies exist over the Second Amendment?

//There is uncertainty whether the Second Amendment prohibits individual States from infringing upon gun rights. Also it is unclear whether it protects an individual right to personal firearms or the formation of a collective State militia. Other points of disagreement include the meaning of the "militia" clause and the meaning of "infringement"//

14)Discuss the importance of the Fourth Amendment.

//The fourth amendment is "the right of the people to be secure in their persons, houses, papers, and effect against unreasonable searches and seizures" and that one must issue a warrant or have probable cause to search your person. This rule protects people from unwarranted invasions of privacy.//

15)What has been the impact of Miranda v. Arizona? //The Impact of Miranda vs. Arizona was the creation of the Miranda rights. In 1966, the Supreme Court ruled that the 5th Amendment required individuals to be advised of their rights to remain silent and have a counsel present when being arrested for a crime. Those rights are called their Miranda rights.//

16)Discuss the Bill of Rights, the reasons for its addition to the Constitution, and its eventual application to the states. Be sure to cite cases where appropriate.

17)Discuss the meanings of the free speech and press guarantees in the Constitution. Cite cases and discuss the changes over time in the interpretation of these First Amendment freedoms.

18)What are your "due process rights," and why do we have them? Cite cases.

Due process of law allows you certain rights in the legal system. For example, Miranda v. Arizona established the fact that the police must read you your Constitutional rights before they arrest you. Gideon v. Wainright established the right to a lawyer for the accused. Before his case, people were only appointed a lawyer if they were accused of a capital crime.

19)Discuss the Supreme Court's thinking on search and seizure. Why has Congress been trying to change these rulings in the recent past? Cite cases and explain historic changes in the thinking on this issue.

20)Define and discuss the right to privacy including access to contraception, abortion, drug testing, homosexual rights, and other rights that might be covered, such as privacy of medical records, Social Security records, the selling of your name, address, and financial information to direct mail outlets, etc. On what bases does the Court determine privacy rights?

21)Describe how the Supreme Court has evaluated freedom of speech with respect to obscenity on the Internet. //The Digital Millennium Copyright Act is a 1998 law designed to increase copyright holders' rights. The DMCA, which interferes with a user's ability to legitimately access content, created civil and criminal penalties for the creation or distribution of Digital Rights Management (DRM) circumvention tools. As a result, a user attempting to circumvent copyright protection, even for legitimate reasons, may violate federal law.//

22)Define prior restraint. How has the Supreme Court dealt with this issue? //Prior restraint is the constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment. With only a few exceptions, the Court has made it clear that it will not tolerate prior restraint of speech.// 23)What is the principle of clear and present danger?

Schenck v. U.S. ruled that Congress had the right to restrict speech "of such a nature as to create a clear and present danger that will bring about the substantive evils that Congress has the right to prevent." The clear and present danger test was created in order to draw the line between protected and unprotected speech. For example, it was deemed alright to distribute literature containing anti-war sentiments during a period of peace, however, this same action was deemed illegal and a danger when committed during World War I.

24)How has the Supreme Court dealt with the issue of libel?

25)What is the exclusionary rule and how has it been used by the Supreme Court? //Evidence is excluded if it was obtained through unconstitutional means. For instance, prosecutors would not be able to use evidence if, say, police found it while looking through the accused's house without a warrent.//

26)What is the significance of the Supreme Court case of Gideon v. Wainwright? //The Supreme Court ruled that courts are required under the 6th Amendment to provide counsel (lawyers) for defendants unable to afford an attorney.//

27)How has the Supreme Court dealt with the issue of capital punishment?

28)In what way does the Constitution guarantee a right to privacy? While it isn't stated simply, by any means, a US citizen's privacy rights are derived or inferred from several of the Constitutional Amendments. Amendments I, III, IV, IX, and XIV refer to various rights to privacy of US citizens. "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law" - Amendment III "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." - Amendment IV

29) Explain why the text concludes that an expansion of individual freedom may require an expansion of the scope of government.

30)How does the scope of the American government affect the protection of civil liberties?

31)Compare and contrast the civil liberty issues involved in the different types of speech such as obscenity, libel, symbolic speech, commercial speech, and speech over the public airways.

32)How would you characterize the first ten amendments to the Constitution. Why, taken together, are these so significant? Do you consider them too narrow, too broad, or about right? Explain.

33)How and why have the provisions of the Bill of Rights been incorporated into state laws? Do you think this is an infringement on the rights of the states, or appropriate to protect national civil liberties in all cases? Explain.

34)Explain how the Bill of Rights was extended to the states. Cite key Supreme Court cases to illustrate your answer.

35)What is the establishment clause and the free exercise clause? What controversies have arisen in the United States over the issue of freedom of religion, and how have they been resolved?

36)How have issues like prayer and Bible reading in public schools been settled by the Supreme Court, and why? How high would you construct the "wall of separation" between church and state, and why?

37)Describe the Supreme Court's decisions regarding freedom of expression. How have the Court's decisions protected or extended democracy? Limited democracy?

38)Explain how the freedoms of speech and press have been compromised in the name of public order and the right of a fair trial.

39)The First Amendment states that "Congress shall make no law...abridging the freedom of speech, or of the press..." Under what circumstances has the Supreme Court decided that it is constitutional to abridge freedom of speech and press? Give examples of specific cases to illustrate your answer.

40)Describe the historical development of Supreme Court decisions regarding free press/fair trial, and obscenity, citing specific court cases. What are the main features of the Court's current posture in this area?

41)How has the Court dealt with obscenity cases and the very definition of obscenity? Should obscenity be protected as freedom of expression, or should local communities be allowed to set standards of what is and is not obscene? Explain.

42)Compare and contrast the civil liberty issues involved in the different types of speech such as obscenity, libel, symbolic speech, commercial speech, and speech over the public airways.

43)Why have flag burning and wearing a black armband been protected by the Court? Do you think this is appropriate or not? Explain.

44)Should freedom of assembly include the right of groups like the American Nazi party, the Ku Klux Klan, the Communist Brigade, and similar groups to march and hold rallies? Explain your answer and why others might argue otherwise.

45)Explain the two facets of the freedom of assembly. What restrictions have been put on the right to assemble?

46)Present the argument that the extension of defendants' rights have hurt the police and benefited criminals. What specific court decisions have extended defendants' rights and how?

47)Describe the specific provisions of the Bill of Rights in regard to those brought before the criminal justice system. Why do you think the Bill of Rights is so explicit in these matters, and do you approve these safeguards? Explain.

48)Describe the various ways in which the Constitution protects the rights of the accused through the stages of the criminal justice system. Give examples of how these protections have been challenged in the courts.

49)Describe the significance of the Supreme Court rulings in Miranda v. Arizona and Gideon v. Wainwright. Do you think the Court was properly enforcing provisions of the Bill of Rights in these cases or overreaching? Explain.

50)What is the Supreme Court's current stance on the death penalty? Do you agree with it? Do you think that the death penalty violates the Eighth Amendment? Explain. For what crimes, if any, is the death penalty justified?

51)One of the greatest debates concerning Americans' civil liberties lies in the area of privacy rights. How does the right to privacy relate to the issue of abortion? Explain how the courts have dealt with this issue.

52)Describe the significance of the Supreme Court's Roe v. Wade ruling? Did the Court overstep its authority, or did it properly extend the right of privacy in this case? How have later Court decisions changed Roe? Explain.

53)How have civil liberties affected democratic government in the United States? What are the basic conflicts between civil liberties and democracy?