UNIT 3

CHAPTER 4: CIVIL LIBERTIES

AND PUBLIC POLICY


1. Define the term “civil liberties.”

2. What are the four great freedoms protected by the First Amendment?

1.

2.

3.

4.

3. What was the most important difference between the Supreme Court’s decision in Barron v. Baltimore and Gitlow v. New York?

4. Explain the importance of the Fourteenth Amendment.

5. What is the incorporation doctrine?


6. List four Supreme Court cases concerning the establishment clause and comment on their significance.

1.

2.

3.

4.

7. Compare and contrast the Supreme Court case of Employment Division v. Smith (1990) with the Religious Restoration Act of 1993.

8. Define the term “prior restraint.”

9. List and explain the significance of four Supreme Court cases concerning free speech and public order.

1.

2.

3.

4.

10. What is a shield law?

11. How did the Supreme Court define obscenity in the case of Miller v. California?

12. How are the standards for winning libel lawsuits different for public figures and private individuals?

13. Define the term “symbolic speech.”

14. What is and who regulates commercial speech?

15. What is the function of the Federal Communications Commission (FCC)?

16. Explain the two facets of freedom of assembly.

1.

2.

17. List and describe each of the six stages in the criminal justice system.

1.

2.

3.

4.

5.

6.

18. How are the following terms interrelated: probable cause, unreasonable search and seizure, search warrant, and exclusionary rule?

19. What are the three guidelines for police questioning of suspects as set forth in Miranda v. Arizona (1966).

1.

2.

3.

20. What is the significance of the Supreme Court case of Gideon v. Wainwright (1963)?

21. What are the pros and cons of plea bargaining?

22. List and explain the importance of three Supreme Court cases concerning the death penalty.

1.

2.

3.

23. List and explain the importance of four Supreme Court cases concerning abortion.

1.

2.

3.

4.

24. What is the significance of the “Baby Doe” cases?

25. In your opinion are the rights guaranteed in the Fourth, Fifth, Sixth, Seventh, and Eighth Amendments more beneficial to criminals or society at large?

26. In what ways do civil liberties limit the scope of government and in what ways do they expand the scope of government?


KEY TERMS

1. civil liberties

2. Bill of Rights

3. First Amendment

4. Fourteenth Amendment

5. incorporation doctrine

6. establishment clause

7. free exercise clause

8. prior restraint

9. libel

10. symbolic speech

11. commercial speech

12. probable cause

13. unreasonable search and seizure

14. search warrant

15. exclusionary rule

16. Fifth Amendment

17. self-incrimination

18. Sixth Amendment

19. plea bargaining

20. Eighth Amendment

21. cruel and unusual punishment

22. right of privacy


KEY CASES

1. Barron v. Baltimore (1833)

2. Gitlow v. New York (1925)

3. Lemon v. Kurtzman (1971)

4. Engel v. Vitale (1962)

5. School District of Abington Township, Pennsylvania v. Schempp (1963)

6. Near v. Minnesota (1931)

7. Roth v. United States (1957)

8. Miller v. California (1973)

9. New York Times v. Sullivan (1964)

10. Texas v. Johnson (1989)

11. Schenck v. United States (1919)

12. Mapp v. Ohio (1961)

13. Miranda v. Arizona (1966)

14. Gideon v. Wainwright (1963)

15. Gregg V. Georgia (1976)

16. Roe v. Wade (1973)

Unit 3: Chapter 4 Study Guide, page 5