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AP Gov Chapter 4
AP Gov
115
History
11th Grade
01/20/2012
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Term
Civil liberties are
 Definition
individual legal and constitutional protections against the government
Term
Americansʹ civil liberties are set down in
 Definition
the Bill of Rights
Term
The ________ is the final interpreter of the content and scope of Americansʹ civil liberties
 Definition
Supreme Court
Term
Civil liberties consist of
 Definition
legal and constitutional protections against the government
Term
At the time of the ratification of the Constitution
 Definition
all states had bills of rights but there was no national Bill of Rights
Term
The Bill of Rights was written and proposed by
 Definition
the First Congress of the United States in 1789.
Term
The Bill of Rights was adopted primarily in response to
 Definition
British abuses of the colonistsʹ civil liberties
Term
In the case of ________, the Supreme Court ruled that the Bill of Rights restrained only the
national government, not states and cities.
 Definition
Barron v. Baltimore
Term
Which of the following statements about the Bill of Rights is FALSE?
 Definition
Most state constitutions did not have a Bill of Rights at the time of the Constitutional
Convention
Term
The great freedoms of speech, press, religion, and assembly are contained in the
 Definition
First Amendment
Term
The Supreme Court decision in Barron v. Baltimore (1833) maintained that the Bill of Rights
intended to prevent
 Definition
only the national government from abridging civil liberties
Term
Beginning with the case of ________ in 1925, the Supreme Court began to rule that the Bill of
Rights applied directly to the states, as well as to the national government.
 Definition
Gitlow v. New York
Term
The ________ includes the clause ʺCongress shall make no law respecting an establishment of
religion.ʺ
 Definition
First Amendment
Term
In deciding to incorporate parts of the Bill of Rights into state laws since 1925, the Supreme
Court has relied on the due process clause of the
 Definition
) Fourteenth Amendment
Term
The incorporation doctrine involves
 Definition
application of the Bill of Rights to the states.
Term
Thomas Jefferson argued that the First Amendment created a ʺwall of separationʺ between
 Definition
church and state
Term
Unlike Great Britain and many other nations, the United States does not have an ________
church that is officially supported by the government and recognized as a national institution
 Definition
established
Term
Today, ________ have (has) an established church that is officially supported by the
government.
 Definition
Great Britain
Term
In Gitlow v. New York (1925), the decision that states could not abridge the freedoms of
expression protected by the First Amendment was based on the
 Definition
Fourteenth Amendment
Term
The significance of Gitlow v. New York (1925) was that
 Definition
a provision of the Bill of Rights was applied to the states for the first time
Term
Aid to parochial schools was first passed in the 1960s at the request of
 Definition
Lyndon Johnson
Term
In Lemon v. Kurtzman, the Supreme Court established that aid to church-related schools must
do all of the following EXCEPT
 Definition
inhibit religion
Term
The abridgment of citizensʹ freedom to worship, or not to worship, as they please is prohibited
by the
 Definition
free exercise clause
Term
In dealing with First Amendment cases involving religion, the Supreme Court has ruled that
 Definition
while all religious beliefs are constitutionally protected, all religious practices are not
Term
In the Lemon v. Kurtzman decision of 1971, the Supreme Court ruled that
 Definition
aid to church-related schools must be for secular purposes only, and cannot be used to
advance or inhibit religion.
Term
In the Engel v. Vitale case of 1962, the Supreme Court ruled that ________ was (were)
unconstitutional.
 Definition
prayers done as classroom exercises in public schools
Term
The Supreme Court has interpreted the establishment clause of the First Amendment as
 Definition
prohibiting school-organized Bible-reading and prayer in public schools
Term
In Lemon v. Kurtzman (1971), the Supreme Court ruled that
 Definition
aid to church-related schools must have a secular legislative purpose
Term
Government aid to religious schools has been a major issue
 Definition
since the mid 1960s
Term
The Supreme Court has ruled that government aid to church-related schools
 Definition
is permitted when the aid is for a non-religious purpose
Term
In 2005, the Supreme Court found that two Kentucky counties violated the establishment
clause of the First Amendment by
 Definition
banning ʺintelligent designʺ from the curriculum
Term
In free exercise cases, the Supreme Court
 Definition
allows the government to interfere with religious practices as long as it is not specifically
aimed at religion
Term
Freedom of expression
 Definition
has sometimes been limited when it conflicts with other rights and values
Term
________ refers to a governmentʹs censorship of material before it is published
 Definition
Prior restraint
Term
In what case did the Supreme Court rule that a newspaper, no matter how outrageous its
opinions, must be allowed to publish without prior restraint?
 Definition
Near v. Minnesota
Term
In its Near v. Minnesota decision of 1931, the Supreme Court ruled that
 Definition
the state government could not use prior restraint to shut down an outspoken
newspaper.
Term
The Supreme Court has permitted prior restraint of which of the following?
 Definition
high school newspapers
Term
Which of the following elements of the Bill of Rights was extended to the states by the
Supreme Court case of Near v. Minnesota
 Definition
freedom of the press
Term
Prior restraint is most often considered acceptable on the grounds of
 Definition
national security
Term
In the case of Dennis v. United States, the Supreme Court
 Definition
) upheld the convictions of Communist party officials who had been sent to prison
because of their beliefs
Term
In the case of New York Times v. United States in 1971, the Supreme Court ruled
 Definition
against prior restraint in the case of the Pentagon Papers, which allowed them to be
published.
Term
In Schenck v. United States (1919), Justice Holmes said that speech can be restricted when it
 Definition
provokes ʺa clear and present dangerʺ to people.
Term
The Supreme Court ruled in Branzburg v. Hayes (1972) that in the absence of shield laws
 Definition
the right of a free trial preempts the reporterʹs right to protect sources
Term
In Roth v. United States, the Supreme Court held that
 Definition
obscenity is not within the area of constitutionally protected free speech
Term
The principle that ʺobscenity is not within the area of constitutionally protected speech or
pressʺ was established in
 Definition
Roth v. United States
Term
Obscenity is
 Definition
not protected under the Constitution
Term
Zurcher v. Stanford Daily, the Supreme Court ruled that
 Definition
the Stanford Daily must open its files for use as police evidence
Term
In Miller v. California (1971), the Court ruled that decisions regarding whether or not material
was obscene should generally be made by
 Definition
) local communities, with some guidelines provided by the Court itself about how to make
such judgments.
Term
Miller v. California (1973
 Definition
stated that local communities should have more responsibility over deciding what
constitutes obscenity
Term
At the urging of feminists and conservative Christians, some cities have banned pornography
on the grounds it dehumanizes and endangers women. How have the courts dealt with these
bans?
 Definition
They have struck them down as violations of the First Amendment
Term
In the case of New York Times v. Sullivan (1964), the Supreme Court ruled that
 Definition
statements made about political figures are libelous only if made with malice and
reckless disregard for the truth
Term
The publication of statements known to be false that are malicious and tend to damage a
personʹs reputation is called
 Definition
libel.
Term
The principle that statements about public figures are libelous only if made with malice and
reckless disregard for the truth was established in
 Definition
New York Times v. Sullivan
Term
Wearing an arm band and burning a United States flag are examples of ________: actions that
do not consist of speaking or writing but that express an opinion.
 Definition
symbolic speech
Term
Symbolic speech
 Definition
consists of action that expresses an opinion
Term
Advertising is considered a form of ________, and, according to the decisions of the Supreme
Court, is subject to greater restrictions on free speech than religious or political speech
 Definition
commercial speech
Term
Commercial speech on radio and television is regulated by
 Definition
the Federal Trade Commission.
Term
One of the most regulated forms of speech is
 Definition
commercial speech.
Term
In 2000, the Supreme Court ruled that
 Definition
government regulation of sexually explicit material on cable stations must be narrowly
tailored to promote the governmentʹs interest in protecting children
Term
Freedom of assembly includes the right to do all of the following
 Definition
parade,protest,picket,demonstrate
Term
the case of ________, the Supreme Court ruled that requiring an organization to turn over
its membership lists was an unconstitutional restriction on freedom of association
 Definition
NAACP v. Alabama
Term
In the case of NAACP v. Alabama (1958), the Supreme Court ruled that
 Definition
the state of Alabama was unlawfully restricting the NAACPʹs freedom of association
Term
Unreasonable searches and seizures are specifically forbidden in the
 Definition
Fourth Amendment
Term
To prevent abuse of police power, the Constitution requires that no court may issue ________
unless probable cause exists to believe that a crime has occurred or is about to occur
 Definition
a search warrant
Term
Unless they witness a crime, police officers cannot arrest a suspect without
 Definition
probable cause
Term
In the case of ________, the Supreme Court ruled that the protection against unreasonable
search and seizure applied to the state and local governments, as well as the national
government, thus nationalizing the exclusionary rule
 Definition
Mapp v. Ohio
Term
Ever since 1914, the courts have used ________ to prevent illegally seized evidence from being
introduced into the courtroom
 Definition
an exclusionary rule
Term
The exclusionary rule, which was applied to state governments, as well as the federal
government in Mapp v. Ohio (1961), meant that
 Definition
unlawfully obtained evidence could not be used in court
Term
The Fifth Amendment forbids
 Definition
forced self-incrimination
Term
The ________ Amendment forbids forced self-incrimination, stating that no person ʺshall be
compelled to be a witness against himself
 Definition
Fifth
Term
In the case of Miranda v. Arizona, the Supreme Court ruled that
 Definition
police must inform any suspect of a series of rights, including the constitutional right to
remain silent.
Term
In what case did the Supreme Court rule that suspects must be told of their constitutional
rights to remain silent, that what they say can be used against them, and of their right to have
an attorney present during any questioning
 Definition
Miranda v. Arizona
Term
Fifth Amendment protection against self-incrimination means that
 Definition
you cannot be forced to be a witness against yourself
Term
Fifth Amendment rights were expanded to include guidelines for police interrogation
procedures in the famous case of
 Definition
Miranda v. Arizona
Term
The Miranda Rule
 Definition
has required all police officers to inform accused persons of their rights
Term
Today, courts must provide a lawyer for a defendant
 Definition
whenever imprisonment could be imposed
Term
In the 1963 case of ________, the Supreme Court ruled that defendants in all felony cases had a
right to counsel, and if they could not afford to hire a lawyer, one must be provided
 Definition
Gideon v. Wainwright
Term
The Supreme Court case of Gideon v. Wainwright
 Definition
extended the right to counsel to everyone accused of a felony
Term
The Sixth Amendment right to counsel in federal courts was expanded in the famous 1963
Supreme Court case of
 Definition
Gideon v. Wainwright.
Term
Most cases are settled through
 Definition
plea bargaining
Term
The Eighth Amendment to the Constitution
 Definition
forbids cruel and unusual punishment
Term
What was the Supreme Courtʹs decision in Hamdam v. Rumsfeld
 Definition
The procedures for trying prisoners at Guantanamo Bay, Cuba were insufficient for
ensuring a fair trial.
Term
Cruel and unusual punishment is forbidden by the
 Definition
Eighth Amendment
Term
In Gregg v. Georgia (1976), concerning applications of the Eighth Amendment, the Supreme
Court ruled that
 Definition
capital punishment is an extreme sanction, but it is suitable to the most extreme of
crimes.
Term
Which of the following is NOT specifically stated in the Bill of Rights
 Definition
right to privacy
Term
) In Roe v. Wade, the Supreme Court ruled that in the third trimester of pregnancy
 Definition
states can ban abortion except when the motherʹs health is in danger
Term
The Supreme Courtʹs Roe v. Wade decision was issued in
 Definition
1973
Term
The Supreme Court ruled in its Roe v. Wade decision that
 Definition
abortion could not be prohibited by any state during the first trimester of pregnancy
Term
The right to privacy was applied to the states by the Supreme Court case of
 Definition
Griswold v. Connecticut
Term
The most important application of privacy rights has come in the area of
 Definition
abortion
Term
The Supreme Court case of Roe v. Wade (1973) ruled that
 Definition
a state cannot forbid abortions during the first trimester of pregnancy
Term
The abortion decision in Roe v. Wade (1973) was justified by the Supreme Court largely on the
grounds of
 Definition
the right of privacy implied in the Bill of Rights
Term
the 1992 case of Planned Parenthood v. Casey, the Supreme Court ruled that abortion
 Definition
restrictions could be imposed by states if they did not involve ʺundue burdensʺ on the
women seeking abortions
Term
In recent years, the Supreme Court has
 Definition
increased protection of womenʹs physical access to abortion clinics
Term
Civil liberties
 Definition
limit what the majority can ask the government to do
Term
The Supreme Court of the United States is the final interpreter of the scope of the civil liberties
of Americans.
 Definition
TRUE
Term
In most cases, courts have ruled that teachers can not discuss creationism as an alternative to
evolution, but they can discuss ʺintelligent design
 Definition
FALSE
Term
The first ten amendments to the Constitution comprise the ________.
 Definition
Bill of Rights
Term
Supreme Court decisions extending the Bill of Rights to cover the actions of the states have
been based on the ________ Amendment.
 Definition
Fourteenth
Term
the significance of Gitlow v. New York to the Fourteenth Amendment
 Definition
The Supreme Court interpreted the Fourteenth Amendment to say that states could not
abridge the freedoms of expression protected by the First Amendment; it began the
development of the incorporation doctrine, the legal concept under which the Supreme
Court has nationalized the Bill of Rights.
Term
The First Amendmentʹs ________ clause prohibits the government from organizing or
recognizing an official national church.
 Definition
establishment
Term
refers to a governmentʹs censorship action that, in advance, prevents material from
being published.
 Definition
Prior restraint
Term
Describe how the Supreme Court has evaluated freedom of speech with respect to obscenity
on the Internet.
 Definition
Congress has recently decided that the Internet is not the electronic equivalent of the
printing press and thus does not deserve the free-speech protection of the First
Amendment. Instead, it regards the Internet as a broadcast medium, subject to
government regulation.
Term
Define prior restraint. How has the Supreme Court dealt with this issue
 Definition
Prior restraint is when a government prevents material from being published. The
Supreme Court has consistently struck down prior restraint on speech and press
Term
In the famous case of Schenck v. United States, Justice Holmes wrote in his ruling that
government can limit free speech only if such speech provokes a(n) ________ of substantive
evils.
 Definition
clear and present danger
Term
What is the principle of clear and present danger
 Definition
Enunciated by Justice Holmes in Schenck v. United States; that government can limit free
speech only if such speech provokes such danger of substantive evils
Term
An utterance not protected by the First Amendment is ________, the publication of statements
known to be false and malicious and that tend to damage a personʹs reputation
 Definition
libel
Term
How has the Supreme Court dealt with the issue of libel?
 Definition
Libel, the publication of false statements that are malicious and damage a personʹs
reputation, is applied differently to private and public individuals Public officials have
to prove that whoever wrote or said untrue statements about them knew the statements
were untrue and intended to harm them; private individuals only have to show that the
statements were falsehoods and the author was negligent
Term
Wearing an arm band and burning a flag are examples of ________: actions that do not consist
of speaking or writing, but that express an opinion
 Definition
symbolic speech
Term
What is meant by symbolic speech
 Definition
actions that do not consist of speaking or writing but that express an opinion
Term
) Before making an arrest, police need what the courts call ________ to believe that someone is
guilty of a crime.
 Definition
probable cause
Term
In a longstanding policy criticized by many, the courts have used a(n) ________ to prevent
illegally seized evidence from being introduced in the courtroom
 Definition
exclusionary rule
Term
is the exclusionary rule and how has it been used by the Supreme Court?
 Definition
the rule that evidence, no matter how incriminating cannot be introduced into a trial if it
was not constitutionally obtained; an increasingly conservative Court made some
exceptions to the exclusionary rule beginning in the 1980s, establishing a ʺgood faith
exception to the rule
Term
What is the significance of the Supreme Court case of Gideon v. Wainwright
 Definition
extended the right to an attorney to anyone accused of a felony in a state court
Term
The Supreme Courtʹs decision in the 1973 case of ________ gave women the right to an
abortion during the first trimester of pregnancy, thus overturning the abortion restrictions of
most states.
 Definition
Roe v. Wade
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