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Civil Liberties: First Amendment Freedoms


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Title: Civil Liberties: First Amendment Freedoms

Civil Liberties First Amendment Freedoms
  • Chapter 5 Text
  • Chapter 3 p. 103 Woll Reader

A Commitment to Freedom
  • The listing of the general rights of the people
    can be found in the first ten amendments in the
    Constitution, also known as the Bill of Rights.
  • The 13th and 14th amendments have also added to
    the Constitutions guarantees of personal

Civil liberties definitions
  • In general, civil liberties are protections
    against government.
  • They are guarantees of the safety of persons,
    opinions, and property from arbitrary acts of
  • Personal Rights of Citizens

Protection of Civil Liberties
  • Institutional Courts decisions on
    constitutionality of laws in violation of
    fundamental freedoms
  • Political Arousal of public support for
    principles of liberty by political and social

The Bill of Rights 1791
  • Reason For or in Support See outline notes. LIST
  • Reasons Against Protection in the Ninth
    Amendment (1791) See outline notes
  • Article IV, section 2 QUOTE FROM NOTES

The 9th Amendment
  • The enumeration in the Constitution, of certain
    rights, shall not be construed to deny or
    disparage others retained by the people.
  • The Ninth Amendment states that the American
    people possess rights that are not set out
    explicitly in the Constitution.
  • It has been used to protect rights as various as
    the rights of the accused to a womans right to
    abortion without undue interference by government.

1) The Ninth Amendment was included in the Bill
of Rights
  • over the objections of Anti-Federalists
  • to protect rights which were not specifically
  • so that the states could not violate individual
  • in an effort to reserve specific rights for the

Limited Government
  • Throughout the Constitution, the extent of
    governmental authority is strictly limited.
    Article I, Section 10 No bills of attainder
  • No ex post facto laws
  • The rights that the Constitution guarantees to
    citizens are also limited.
  • People in the United States are free to do as
    they please as long as they do not infringe upon
    the rights of others. Rights are relative.
  • Sometimes, different rights conflict with one
    another, such as the freedom of the press and the
    right to a fair trial.
  • Not all rights are guaranteed to aliens, who are
    foreign-born residents or non-citizens. For
    instance, their right to travel is often

Federalism and Individual Rights
  • The Bill of Rights
  • The most famous of the Constitutions guarantees
    apply only to the National Government, not the
    government of the States.
  • The Supreme Court held that the Bill of Rights
    only restricts the National Government in Barron
    v. Baltimore, (1833).
  • The Modifying Effect of the 14th Amendment
  • The 14th Amendments Due Process Clause provides
    that no State can deprive any person of life,
    liberty or property, without due process of
    law. WOLL p.106
  • However, to include rights under that heading,
    the Supreme Court had to define the rights on a
    case by case basis, called the process of
  • Gitlow v. New York (1925)
  • DISCUSS See outline notes.

2) The principle that the Supreme Court currently
uses to extend the Bill of Rights to the
Fourteenth Amendment is called
  • Incorporation
  • Bad tendency doctrine
  • A nonpreferential view
  • The accommodationist twist

3) The First Amendment clearly limits the powers
of the
  • Supreme Court
  • Congress
  • President
  • State governments
  • Local governments
  • See Barron v. Baltimore

4) The significance of the Gitlow v. New York
(1925) case was that it
  1. mandated that state governments uphold the
    provisions of the federal Bill of Rights
  2. interpreted the death penalty as a cruel and
    unusual punishment
  3. upheld the constitutionality of the exclusionary
  4. outlawed reverse discrimination

5) States are now prohibited from infringing
upon the rights protected by the Federal Bill of
Rights because
  1. an executive order issued by President Washington
  2. a provision in the Fourteenth amendment
  3. legislative action by the first Congress
  4. an introduction to the document which mandates it

6) When creating the Constitution, The Founding
Fathers did not include a bill of rights because
  • they had too many other issues to consider
  • they were unsure of what to include
  • they believed such a bill was unnecessary because
    the states already had such protections
  • James Madison lobbied against such a bill
  • Check Woll p. 103

The First Amendment Freedoms
  • Freedom of Speech
  • Freedom of Press
  • Freedom of Assembly
  • Freedom of Petition
  • Freedom of Religion

7) The First Amendment protects all of the
following freedoms EXCEPT
  • Religion
  • Choice
  • Press
  • Assembly
  • Privacy

Freedom of Speech One
  • Freedom of Speech guarantees are meant to
  • Protect each persons right of free expression,
    whether spoken, written, or communicated in any
    other way.
  • Protect all persons right to a complete
    discussion of public affairs.

  • Slander, the false and malicious use spoken
  • Obscenity Words that incite others to commit

Seditious Speech
  • Sedition is the crime of attempting to overthrow
    the government by force, or to disrupt its lawful
    activities by violent acts. Seditious speech is
    speech that urges such conduct.

Congress has enacted three major laws to prevent
sedition and seditious speech
  • The Alien and Sedition Actsmade scandalous or
    false criticism of the government illegal.
    Expired before Thomas Jefferson took office in
  • Espionage Act 1917 Felony to cause
    insubordination in the army or interfere with
    enlistment. DISCUSS Schenck v. United States
  • And Abrams v. United States (1919) Schenck
  • The Sedition Act of 1917-1918made it a crime to
    encourage disloyalty or spread anti-government
    ideas during a time of crisis. Upheld by the
    Supreme Court in instances of clear and present
  • The Smith Act of 1940forbade advocating violent
    overthrow of the government, and belonging
    knowingly to any group that does. The Supreme
    Court still upholds the constitutionality of the
    law, but over time has modified it so that it is
    difficult to enforce. Yates v. US (1957) and
    Brandenburg v. Ohio (1969)

8) Oliver Wendell Holmes first announced the
celebrated clear and present danger doctrine in
the case of
  • A. Barron v. Baltimore
  • B. Gitlow v. New York
  • C. Schenck v. United States
  • D. Lemon v. Kurtzman

Symbolic Speech
  • Symbolic speech is expression by conduct.
  • Tinker vs. Des Moines
  • Thought provoking or provocative IS protected.
  • Supreme Court rulings show that the blanket of
    symbolic speech covers only so much. It does not
    cover destroying draft cards United States v.
    OBrien, (1968) but it does encompass flag
    burning Texas v. Johnson, (1989), and United
    States v. Eichman, (1990).

Chaplinsky v. New Hampshire (1942)
  • Fighting words that incite are NOT protected.

9) The Constitution protects speech that is
  • Provocative
  • Obscene
  • Seditious
  • Libelous
  • Abusive

10) A case that expanded the concept of symbolic
speech to include the wearing of armbands in
protest was
  • A. Tinker v. Des Moines
  • B. Engel v. Vitale
  • C. Mapp v. Ohio
  • D. Bakke v. Regents

Freedom of the Press Two
  • Obscenity laws are enforced under the postal
    power (Article I, Section 8, Clause 7 of the
  • Obscenity Test laid out in Miller v. California,
  • 1) The average person finds that the work appeals
    to prurient interests judging from contemporary
  • 2) The work describes offensive sexual conduct
    that is specifically outlawed as obscene.
  • 3) The work lacks serious value of any variety.

11) Under the first amendment which Supreme Court
decision set forth a 3 part test for determining
  1. Everson v. Board of Education
  2. Lemon v. Kurtzman
  3. Wallace v. Jaffree
  4. Miller v. California

12) Constitutional protection is withheld from
  1. Adult Books
  2. Adult Magazines
  3. Adult Movies
  4. Sexually explicit photographs of minors

Freedom of Press does not protect
  • Libel, the false and malicious use of written
  • CASES New York Times Co. v. Sullivan (1964)
  • Woll page120

13) Which of the following cases set guidelines
for libel cases?
  • A. N. Y. Times v. United States
  • B. N. Y. Times v. Sullivan
  • C. Palko v. Connecticut
  • D. Near v. Minnesota

  • In most cases, the government cannot curb ideas
    before they are expressed. It can punish ideas
    after they are expressed.

Prior Restraint
  • The Supreme Court has held in several cases that
    the guarantee of a free press does not allow the
    government to exercise prior restraint on
    publication except in grave circumstances. In
    Near v. Minnesota (1931), the Court protected the
    rights of even miscreant purveyors of scandal.
  • In New York Times v. United States, (1971), the
    government sought a court order to keep
    newspapers from printing the Pentagon Papers
    which had been stolen and leaked to the press.
    The Supreme Court found that the government
    couldnt show that the papers endangered national
    security enough to justify prior restraint of

14) The term prior restraint would most likely
be used in which of the following actions?
  1. Arrest
  2. Censorship
  3. Amnesty
  4. Sentencing for a crime

15) Which of the following cases dealt with
prior restraint?
  • N. Y. Times v. United States
  • N. Y. Times v. Sullivan
  • Wisconsin v. Yoder
  • Snepp v. United States

Snepp v. United States (1980)
  • CIA Permissible Prior Restraint
  • Nebraska Press Association v. Stuart (1976)

Freedom of Assembly Three
  • The Constitution guarantees the right of the
    people peaceably to assemble, and to petition the
    Government for a redress of grievances.
  • The right to assemble, or gather with one another
    to express views.
  • The right to bring views to the attention of
    public officials.

Time, Place and Manner Restrictions
  • Picketing, the patrolling of a business site by
    workers on strike, is a prevalent form of
    symbolic speech.
  • CASES Gregory v. Chicago, Hill v. Colorado, and

Public Property
Time-Place-Manner Regulations
  • The government can make and enforce rules
    regarding the time, place, and manner of
  • An example of such a rule is that public areas
    near schools and courthouses are restricted.
  • The governments rules must be content neutral.
    They can place restrictions of the basis of the
    time, place and manner of the assembly, but not
    on what the assembly is trying to say on PUBLIC

Private Property
  • The rights of assembly and petition do not give
    people a right to trespass on private property.
  • States can interpret their constitutions to
    require owners of private property, such as
    shopping centers, to allow people to petition on
    their property.

Private Property
  • Lloyd Corporation v. Tanner (1972)
  • Feiner v. New York (1952)

16) Time, place, and manner restrictions on
freedom of expression are generally upheld by the
courts if they
  1. give local authorities adequate discretion to
    enforce them
  2. apply only to obscene materials or libelous
  3. do not make it overly difficult for a person to
    share their ideas with others
  4. are not applied to traditional public forums such
    as street corners and public parks

17) Peaceful picketing
  1. is protected absolutely by the First amendment
  2. may only be regulated by Congress
  3. may be regulated by the states under certain
  4. may be regulated by the states unconditionally

Freedom of Association
  • The guarantees of freedom of assembly and
    petition include a right of associationthe right
    to associate with others to promote causes.
  • The freedom of association also means that a
    State cannot force an organization to accept
    members when that association would contradict
    what the organization believes in.

Freedom of Religion Five
  • Two guarantees of religious freedom
  • Establishment Clause
  • Guards against establishing a mandated religion.
  • In effect, freedom from religion
  • Free Exercise Clause
  • Guards against the government interfering in the
    exercise of any religion.
  • In effect, freedom for religion.

Separation of Church and State A wall of
  • However, the government supports churches and
    religion in a variety of ways, including tax
  • Church and government are constitutionally
    separated from one another.

Everson v. Board of Education (1947)
  • The court did not rule on the meaning of the
    Establishment Clause until Everson which
    incorporated the clause to apply to the states.

18) In the Supreme Court case Everson v. Board of
Education a wall of separation was created
between church and state, which clause created
the wall?
  • Establishment clause
  • Free Exercise clause
  • Due Process clause
  • Necessary and proper clause

Court definition of the Establishment Clause
  • Neither a state nor the federal government can
    set up a church, nor pass laws which aid one
    religion, all religions, or prefer one religion
    over another.
  • Neither can force a person to go to or remain
    away from a church against his will or force him
    to profess a belief or a disbelief in any
  • Finally, the government may not participate in
    religious affairs nor impose taxes for their

McCullom v. Board of Education (1948)
  • Question 
  • Did the use of the public school system for
    religious classes violate the First Amendment's
    Establishment Clause?

The Lemon Test is based on Lemon v. Kurtzman,
  • The purpose of the aid must be nonreligious.
  • The aid can neither advance nor inhibit religion.
  • Aid must not excessively entangle the government
    with religion.

19) Under the first amendment which Supreme Court
decision set forth a 3 part test for
determining whether a government policy violates
the Establishment clause.
  • Everson v. Board of Education
  • Lemon v. Kurtzman
  • Wallace v. Jaffree
  • Miller v. California

Reynolds v. United States (1878)
  • Mormon
  • Lynch v. Donnelly (1984)
  • Allegheny County v. Greater Pittsburgh ACLU
  • PRAYER in Legislatures Marsh v. Chambers (1983)
  • Zorach v. Clauson

Religion and Education
  • The Supreme Court has had to consider many
    Establishment Clause cases that involve religion
    and education.

Religion in Public Schools
  • Minersville School District v. Gobitis (1940)
    Jehovah Flag Salute
  • West Virginia State Board of Education v.
    Barnette (1943)
  • Jehovah Witness
  • Engel v. Vitale (1962) New York schools WOLL p.
  • Wallace v. Jaffree (1985) Alabama schools
  • Edwards v. Aguilard (1987) Louisiana schools
  • Lee v. Weisman (1992) Graduation
  • Westside Community Schools v. Mergens (1990)
    Equal Access Act

20) All of the following statements represent
positions the Supreme Court has taken on the
First Amendment right to freedom of religion
  1. public school officials may write a
    non-denominational prayer for school children to
    recite at the beginning of each school day.
  2. a copy of the Ten Commandments may not be posted
    on the walls of public school classrooms
  3. Creation Science may not be taught in public
  4. State may not outlaw the teaching of evolution in
    public schools

21) Under the terms of the Establishment clause,
  • people may worship as they please
  • The United States is officially an atheist nation
  • Government may not set up or support a national
  • citizens may be compelled to attend religious

Free Exercise Clause
  • No government interference with religious
  • Cantwell v. Connecticut (1940) Noninterference
    includes states
  • Wisconsin v. Yoder (1972) Amish children exempt
    from education.

22) Which of the following situations might
violate a First Amendment right?
  • Police search a high school students locker for
  • A state legislature passes a law prohibiting the
    possession of firearms
  • Prisoners are not allowed to consult with their
  • A town council refuses to grant a permit for the
    Ku Klux Klan to march

23) The free exercise clause of the First
Amendment prevents government from
  • favoring a particular religion over others
  • establishing an official church
  • interfering with the right to practice ones own
  • providing financial aid to religious groups.

24) Which of the following activities has the
Supreme Court ruled to be unconstitutional?
  • praying in a school building
  • devotional reading of the Bible in school
  • teaching evolution in school
  • tax exemption for parochial schools

Civil Liberties
  • Amendments 2 through 8

The Second Amendment
  • Protects the right of the people to keep and bear
  • TRUE PURPOSE Well regulated militia is necessary
    to the security of a free state.

The Right to Keep and Bear Arms
  • The 2nd Amendment protects the right of each
    State to form and keep a militia.
  • Many believe that the 2nd Amendment also sets out
    an individual right to keep and bear arms.
  • The Supreme Court has only tried one important
    2nd Amendment Case, United States v. Miller,
    1939. The case involved a section of the
    National Firearms Act of 1934 that forbid
    shipping sawed-off shotguns, silencers, and
    machine guns across State lines without informing
    the Treasury Department and paying a tax. The
    Court upheld the provision.
  • The 2nd Amendment has as yet not been extended to
    each State under the 14th Amendment. Therefore,
    the individual States have the right to regulate
    arms in their own ways.

Security of Home and Person
  • The 3rd and 4th Amendments protect the security
    of home and person
  • The Third Amendment has never been the subject of
    a Supreme Court decision.

The Fourth Amendment
  • The 4th Amendment protects against writs of
    assistance (blanket search warrants) and
    unreasonable searches and seizures. It is
    extended to the States through the 14th

Aspects of the 4th Amendment
Banning Unreasonable searches and seizures
  • Olmstead v. United States(1928)
  • Katz v. United States (1967)

25) What was the name of the first wiretap
decision the Supreme Court made dealing
with wiretaps made by police on public phone
  • Katz v. United States
  • Olmstead v. United States
  • California v. Ciraolo
  • California v. Greenwood

  • Evidence in plain sight
  • Automobliles- Moveable scenes of crime
  • Garbage
  • Aerial surveillance
  • Hot Pursuit
  • School buildings and Parking Lots
  • New Jersey v. T.L.O.(1984)

26) This Supreme Court decision ruled that
probable cause is not needed when students are
searched by school officials.
  • New Jersey v. T.L.O.
  • Brown v. Board of Education
  • Everson v. Board of Education
  • Tinker v. Des Moines Board of Education

27) The Supreme Court established the principle
that teachers and students do not shed their
Constitutional rights to freedom of speech or
expression at the schoolhouse gate in which
Supreme Court decision?
  • New Jersey v. T.L.O.
  • Brown v. Board of Education
  • Everson v. Board of Education
  • Tinker v. Des Moines Board of Education

28) Of the following, please pick the situation
where a warrant is needed.
  • Plain sight
  • Open Fields
  • Hot Pursuit
  • Apartment buildings

29) Of the following situations please pick the
one where a search warrant is needed.
  • A motor home with no wheels
  • Airports
  • Border crossings
  • Automobiles

Approved Entrance Doctrine
  • Washington v. Chrisman (1982) Allowance of
    evidence in a trial with an approved entrance.

Plain View Doctrine
  • United States v. Ross(1982) Traffic stop and
    search. Use of discovered evidence.
  • California v. Ciraolo (1986) Fences
  • California v. Greenwood (1988) Garbage

30) This Supreme Court decision allowed police or
anyone else to search a persons garbage without
a search warrant.
  • Katz v. United States
  • Olmstead v. United States
  • California v. Ciraolo
  • California v. Greenwood

  • Prohibitions on the prosecutions use of
    illegally obtained evidence.
  • Weeks v. United States (1914)
  • Mapp v. Ohio (1961)
  • Terry v. Ohio (1968)

31) This Supreme Court decision allowed the
obscene materials/items that were found/seized
from a warrant less search to be thrown out.
  • Terry v. Ohio
  • Sheppard v. Maxwell
  • Katz v. United States
  • Mapp v. Ohio

32) This Supreme Court case started in Ohio when
an off duty police officer searched and seized a
weapon from three men thought to be casing a
store with the intent to rob it.
  • Mapp v. Ohio
  • Sheppard v. Maxwell
  • Fisher v. Ohio
  • Terry v. Ohio

33) An argument in favor of the exclusionary rule
is that it
  • encourages the police to protect defendants
    constitutional rights
  • keeps irrelevant evidence out of court hearings
  • speeds up the handling of court cases
  • promotes greater cooperation between the defense
    and prosecution attorneys

34) This prohibited illegally seized evidence
from being admitted at trial.
  • Establishment Clause
  • Exclusionary Rule
  • Establishment Rule
  • Exclusionary Clause

Weakening of the Exclusionary Rule
  • United States v. Leon (1984)
  • Nix v. Williams (1984)

35) Which of the following Supreme Court
decisions involved the Fourth Amendment
prohibition against unlawful search and seizure?
  • Baker v. Carr
  • Mapp v. Ohio
  • Gideon v. Wainright
  • Terry v. Ohio

The Fifth Amendment
  • No person shall be held to answer for a capital,
    or otherwise infamous, crime, unless on a
    presentment or indictment of a GRAND JURY, nor
    shall any person be subject FOR THE SAME OFFENSE
    TO BE TWICE PUT IN JEOPARDY of life and limb nor
    shall be compelled, in any criminal case, TO BE
    WITNESS AGAINST HIMSELF nor shall private
    property be taken for public use with out JUST

The Fifth Amendment
  • Criminal Proceedings
  • Grand Jury
  • Double Jeopardy
  • Due Process
  • Eminent Domain

Article I, Sections 9 10
  • Writ of Habeas CorpusA court order which
    prevents unjust arrests and imprisonment
  • Bills of Attainderlaws passed by Congress that
    inflict punishment without a court trial
  • Ex Post Facto Lawsnew laws cannot apply to
    things that happened in the past

36) Which of the following is used to effect the
release of a person from improper imprisonment?
  • A) A writ of mandamus
  • B) A writ of habeas of corpus
  • C) A bill of attainder
  • D) An ex post facto law

The Meaning of Due Process
The Due Process steps
  • A crime is committed
  • An investigation by police starts
  • Evidence is gathered (Warrants)
  • Witnesses are questioned
  • Arrests are made after warrants are granted
  • A Grand Jury is convened An Indictement is
  • Arrests and Miranda
  • Person is charged with a crime
  • Arraignment person pleads Not Guilty Trial date
    is set
  • Trial Guilt or Innocence
  • If found guilty sent to Jail or Prison
  • Appeal

Grand Jury
  • A grand jury is the formal device by which a
    person can be accused of a serious crime.
  • It is required for federal courts under the 5th
  • The grand jury deliberates on whether the
    prosecutions indictment, a formal complaint,
    presents enough evidence against the accused to
    justify a trial.
  • Only the prosecution presents evidence.
  • The right to a grand jury is not covered by the
    14th Amendments Due Process Clause. Most States
    have legislated to skip the grand jury stage.

The 5th and 14th Amendments
  • The 5th Amendment provides that no person
    shall be deprived of life, liberty, or property
    without due process of law.
  • The 14th Amendment extends that restriction to
    State and local governments.
  • Due process means that the government must act
    fairly and in accord with established rules at
    all times.
  • Due process is broken down into two branches
  • Substantive due processthe fairness of the laws
  • Procedural due processthe fairness of the
    procedures used to enforce the laws

37) The two amendments that the Due Process
Clauses are found in are
  • A. 4 and 13
  • B. 4 and 14
  • C. 5 and 14
  • D. 5 and 15

38) The Fifth Amendment guarantees all of the
following legal protections EXCEPT
  • Freedom from Double jeopardy
  • Freedom from being compelled to testify against
  • Freedom from cruel and unusual punishments
  • Compensation for land taken by eminent domain

Procedural Due Process
  • Procedural Due Process deals with the HOW and
    METHODS of governmental action. (PROCEDURES)
  • Rochin v. California (1952)

The Police Power
39) Procedural due process is based on the idea
  • a defendants rights must be considered over the
    needs of society
  • systems of criminal justice must be affordable
  • police officials must have necessary authority to
    enforce the law
  • government officials must obey the law

Substantive Due Process
  • Substantive Due Process deals with the WHAT and
    POLICIES of governmental action. (LAWS)
  • Pierce v. Society of Sisters (1925)

Guarantee of due process to all suspects
  • Escobedo v. Illinois (1964) Access to lawyer
  • Miranda v. Arizona(1966) Right to remian silent.
  • New York v. Quarles (1984)

Double Jeopardy
  • No person can be tried for the same crime twice.
  • Does not apply if a mistrial is declared when
    jury cannot decide a verdict
  • Does not apply if case is appealed to a higher
  • Benton v. Maryland (1969) The double jeopardy
    prohibition of the 5th, a fundamental ideal in
    our constitutional heritage, is enforceable
    against States through the 14th Amendment. Palko
    v. Connecticut Overturned and applied the 14th
    to the States.

  • The Fifth Amendment declares that no person can
    be compelled in any criminal case to be a
    witness against himself. This protection
    extends to the States, and sometimes to civil
    trials if the self-incrimination could lead to a
    criminal charge.
  • A person cannot be forced to confess to a crime
    under extreme circumstances.
  • A husband or wife cannot be forced to testify
    against their spouse, although they can testify
  • In Miranda v. Arizona, 1966, the Supreme Court
    set an historic precedent when it would no longer
    uphold convictions in cases in which the
    defendant had not been informed of his or her
    rights before questioning. This requirement is
    known as the Miranda Rule.

  • No person can be forced to testify against
  • Taking the Fifth
  • Malloy v. Hogan (1964)
  • Also see Miranda v. Arizona (1966)
  • Schmerber v. California (1966)

Eminent Domain
  • Just Compensation
  • See Barron v. Baltimore (1833)
  • Chicago, Burlington, Quincy Railroad Co. v.
    Chicago (1897)
  • Public v. Private Debate

40) This term says that if the government takes
land from private citizens for public use the
landowner should be compensated
  • Substantive Due Process
  • Eminent Domain
  • Procedural Due Process
  • Unjust Compensation

Sixth Amendment
  • Lists many parts of a fair trial that it be
    the state that the accused be informed of the
    charges and the defendants be confronted with
    witnesses against him, ability to obtain
    witnesses in his favor and have the assistance of
    counsel for his defense.

Right to an Adequate Defense Rights of the accused
Guarantee to have a lawyer in criminal cases.
  • Powell v. Alabama (1932)
  • Appeal to the Supreme Court upon conviction of
    Scottsboro Nine in state court
  • Right to be represented by a lawyer
  • Duty of a state to provide lawyer if defendants

41) Which Supreme Court decision involved the
infamous Scottsboro boys accused of raping a
white woman and was a first step towards
requiring states to appoint counsel to poor
  • Miranda v. Arizona
  • Powell v. Alabama
  • Gideon v. Wainwright
  • Betts v. Brady

Gideon v. Wainwright (1963)
  • The final right of the Miranda warning.
  • In Forma Pauperis
  • Overturned Betts v. Brady (1940)

42) This Supreme Court decision stated that all
people are entitled to a right to counsel. This
case overturned a previous case heard by the
Supreme Court.
  • Miranda v. Arizona
  • Powell v. Alabama
  • Gideon v. Wainwright
  • Betts v. Brady

43) The federal constitution guarantees which of
the following rights to person arrested and
charged with a serious crime?
  • To have an attorney appointed for them if they
    cannot afford to hire one
  • To remain silent
  • To compel witnesses in their favor to appear to
    testify if the case goes to court
  • I only
  • II only
  • III only
  • I, II, and III

44) The Miranda Warning represents an attempt to
protect criminal suspects against
  1. unfair police interrogation
  2. biased jury selection
  3. imprisonment without a trial
  4. illegal wiretapping

Trial by Jury
  • Americans in criminal trials are guaranteed an
    impartial jury chosen from the district where the
    crime was committed.
  • If a defendant waives the right to a jury trial,
    a bench trial is held where the judge alone hears
    the case.
  • Most juries have to be unanimous to convict.

45) This was the Supreme Court case overturned
because it stated in the right to counsel is not
needed in states unless special circumstances
were met.
  • Miranda v. Arizona
  • Powell v. Alabama
  • Gideon v. Wainwright
  • Betts v. Brady

46) The cases Gideon, Escobedo, and Miranda all
concerned which of the following issues?
  • A) School prayer
  • B) Saluting the flag
  • C) Rights of the accused
  • D) Freedom of Speech

Speedy and Public Trial
  • The right to a speedy and public trial was
    extended as part of the 14th Amendments Due
    Process Clause by Klopfer v. North Carolina,

Speedy and Public Trial
  • The Speedy Trial Act of 1974 requires that the
    beginning of a persons federal criminal trial
    must take place no more than 100 days after the
  • A judge can limit who can watch a trial if the
    defendants rights are in jeopardy.

Barker v. Wingo (1972)
  • Petitioner was not brought to trial for murder
    until more than five years after he had been
    arrested, during which time the prosecution
    obtained numerous continuances, initially for the
    purpose of first trying petitioner's alleged
    accomplice so that his testimony, if conviction
    resulted, would be available at petitioner's
    trial. Before the accomplice was finally
    convicted, he was tried six times. Petitioner
    made no objection to the continuances until three
    and one-half years after he was arrested. After
    the accomplice was finally convicted, petitioner,
    after further delays because of a key prosecution
    witness' illness, was tried and convicted. In
    this habeas corpus proceeding, the Court of
    Appeals, concluding that petitioner had waived
    his right to a speedy trial for the period prior
    to his demand for trial, and, in any event, had
    not been prejudiced by the delay, affirmed the
    District Court's judgment against petitioner.
  • Held A defendant's constitutional right to a
    speedy trial cannot be established by any
    inflexible rule, but can be determined only on an
    ad hoc balancing basis in which the conduct of
    the prosecution and that of the defendant are
    weighed. The court should assess such factors as
    the length of and reason for the delay, the
    defendant's assertion of his right, and prejudice
    to the defendant. In this case, the lack of any
    serious prejudice to petitioner and the fact, as
    disclosed by the record, that he did not want a
    speedy trial outweigh opposing considerations,
    and compel the conclusion that petitioner was not
    deprived of his due process right to a speedy
    trial. Pp. 407 affirmed

Sheppard v. Maxwell (1966)
  • Too Public.
  • Sequester the jury.
  • Change of Venue
  • Use of the gag order

Arizona v. Youngblood (1988)
  • Loss of evidence by police.
  • Proof of bad faith on part of police necessary
    basis of overturning a conviction.

47) This Supreme Court decision took place in
Cleveland and was an example of a too public
  1. Terry v. Ohio
  2. Sheppard v. Maxwell
  3. Katz v. United States
  4. Mapp v. Ohio

Seventh Amendment
  • Right to a trial by jury in civil cases with a
    potential value in excess of 20.00
  • O.J. Simpson found responsible for Ron Goldmans
    death ordered to pay millions in Civil trial
    brought by Goldmans parents.

Eighth Amendment
  • No requirement of excessive bail
  • No imposition of excessive fines
  • No infliction of cruel and unusual punishment

Bail and Preventative Detention
  • Bail is a sum of money that the accused may be
    required to deposit with the court as a guarantee
    that he or she will appear in court.
  • The Constitution does not guarantee that all
    accused persons are entitled to bail, just that
    the amount of the bail cannot be excessive.
  • Preventive detention is a law that allows federal
    judges to order that accused felons be held
    without bail if there is a danger that the person
    will commit another crime if released.
  • Critics think preventive detention amounts to
    presuming the accused guilty. The Court upheld
    the law in United States v. Salerno, 1987.

Cruel and Unusual Punishment
  • The 8th Amendment also forbids cruel and unusual
    punishment. The Supreme Court extended the
    provision to the States in Robinson v.
    California, 1962.
  • The 8th Amendment is intended to prevent, in the
    Courts opinion, barbaric tortures such as
    drawing and quartering and other excessively
    cruel punishments.
  • The Supreme Court held that defining narcotics
    addiction as a crime, rather than an illness, was
    cruel and unusual in Robinson v. California,
    1962. In Estelle v. Gamble, 1976, it ruled that a
    prison inmate could not be denied medical care.
  • However, generally the Court has not found many
    punishments to be cruel and unusual.

Capital Punishment
  • Capital punishment, or the death penalty, is
    hotly debated under the 8th Amendment.
  • The Supreme Court voided capital punishment laws
    in the early 1970s because it felt that the
    punishment was applied capriciously to only a
    few convicts, often African American or poor or
  • However, in 1976, the Court held for the first
    time that a new law which instituted the death
    penalty was NOT unconstitutional. The new law
    provided for a two-stage trial process. One
    trial would determine guilt or innocence, and a
    second hearing would decide whether the death
    penalty was warranted. The Court later restricted
    the use of the death penalty to cases where the
    victim died.
  • Despite these decisions, debate still surrounds
    the issue.

Death Penalty Cases
  • Furman v. Georgia (1972) SC ruled Death Penalty
    discriminatory and Cruel and Unusual.
  • Gregg v. Georgia (1976)
  • Woodson v. North Carolina (1976)
  • Coker v. Georgia (1977)
  • Enmund v. Florida (1982) Get away driver
  • McCleskey v. Kemp (1987)

One More Death Penalty Case
  • Thompson v. Oklahoma (1988)

48) This Supreme Court decision ruled that the
Death Penalty as then administered in the U.S.
was cruel and unusual punishment, but did not
declare the death penalty unconstitutional.
  • A) Coker v. Georgia
  • B) Furman v. Georgia
  • C) Gregg v. Georgia
  • D) Enmund v. Florida

49) This Supreme Court case reinstated the death
penalty in 1976 after the Supreme Court had
declared the death penalty cruel and unusual
  • A) Coker v. Georgia
  • B) Furman v. Georgia
  • C) Gregg v. Georgia
  • D) Enmund v. Florida

50) This case ruled that the death penalty was
cruel and unusual punishment for crimes not
involving death. Rape is an example.
  • A) Coker v. Georgia
  • B) Furman v. Georgia
  • C) Gregg v. Georgia
  • D) Enmund v. Florida

51) In this case the Supreme Court ruled that an
accomplice who drove the getaway car must play a
major role in the crime in order for the death
penalty to apply.
  • A) Coker v. Georgia
  • B) Furman v. Georgia
  • C) Gregg v. Georgia
  • D) Enmund v. Florida

Cruel and Unusual continued
  • Rummel v. Estelle (1980)
  • Solem v. Helm (1983)

The Right to Privacy
  • The constitutional guarantees of due process
    create a right of privacy.
  • Established in Griswold v. Connecticut, 1965,
    which held that a law outlawing birth-control was
  • In Stanley v. Georgia, 1969, the right of privacy
    was defined as the right to be free, except in
    very limited circumstances, from unwanted
    governmental intrusion into ones privacy.
  • The right of privacy provoked controversy when it
    was applied to a womans right to an abortion,
    beginning with Roe v.Wade in 1973.

52) The first Supreme Court case that ruled that
women were allowed to have abortions.
  • A) Texas v. Webster
  • B) National Organization for Women v.
  • C) Roe v. Wade
  • D) Webster v. Reproductive Health services

53) Griswold v. Connecticut and Roe v. Wade are
similar Supreme Court cases in that both cases
are based on
  • A) Rights of gay men and lesbian women
  • B) Right to privacy
  • C) Right to an abortion
  • D) Right of women to equal protection before the

Extensions of the Bill of Rights
  • Webster v. Reproductive Health Services (1989)
  • Rust v. Sullivan (1991)
  • Planned Parenthood of Southern Pennsylvania v.
    Casey (1992)
  • Bowers v. Hardwick (1986)

54) In a court ruling concerning a Pennsylvania
law restricting abortion rights, the Supreme
Court upheld all of the following EXCEPT
  • A. Parental notification in the case of an
    unmarried minor
  • B. Spousal notification in the case of a married
  • C. A 24 hour waiting period before obtaining an
  • D. Requiring that medical personnel provide
    information about alternatives

Slavery and Involuntary Servitude
  • The 13th Amendment, ratified in 1865, ended
    slavery in this country. It also protects
    against involuntary servitude, or forced labor.
  • Neither the draft nor imprisonment can be
    classified as involuntary servitude.
  • Unlike any other part of the Constitution, the
    13th Amendment covers the actions of private
    individuals as well as that of the government.

The 13th Amendment in Action
  • For a long time after it was passed, both
    citizens and members of the Supreme Court thought
    that the 13th Amendment did not apply to acts of
    racial discrimination committed by private
    citizens. After all, the discriminatory acts
    were social choices and did not reinstitute
    slavery. According to this theory, Congress did
    not have the power to act against private parties
    who practiced discrimination.
  • Starting in 1968, the Supreme Court breathed new
    life into the 13th Amendment by upholding
    provisions in the Civil Rights Act of 1866, a
    little-known law that had escaped repeal in the
    late 1800s. In a series of landmark cases, the
    Supreme Court found that private citizens could
    not practice racial discrimination to exclude
    people on the basis of their color. They also
    expanded the law to include any group subject to
    discrimination based on their ethnicity.

Civil Rights Jim Crow
  • De jure (by law) segregation
  • Plessy v. Ferguson (1896)
  • Brown v. Board of Education Topeka, (1954)

55) This Supreme Court decision deals with the
segregation of schools as long facilities were
separate but equal
  1. Dred Scott v Sanford
  2. Plessy v. Ferguson
  3. Brown v. Board of Education
  4. Powell v. Alabama

56) This Supreme Court decision overturned the
decision by the Supreme Court that said
segregation was OK as long as facilities were
separate but equal and ruled that school
districts and states must make changes to
desegregate with all deliberate speed
  1. Dred Scott v Sanford
  2. Plessy v. Ferguson
  3. Brown v. Board of Education
  4. Powell v. Alabama

  • Korematsu v. United States

57) In the Korematsu case (1944) The Supreme
  1. declared the Japanese relocation to be unlawful
  2. declared that U.S. citizens of Japanese origin be
    exempted from relocation order
  3. upheld the measure as reasonable in wartime
  4. ruled that reverse discrimination was a major
    factor in the decision

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  • 6-C 7-B 8-C 9-A 10-A
  • 11-D 12-D 13-B 14-B 15-A
  • 16-B 17-A 18-A 19-B 20-A
  • 21-C 22-D 23-C 24-B 25-A
  • 26-A 27-A 28-D 29-A 30-D
  • 31-D 32-D 33-A 34-A 35-B
  • 36-A 37-C 38-C 39-D 40-B
  • 41-B 42-C 43-D 44-A 45-D
  • 46-C 47-B 48-B 49-C 50-A
  • 51-D 52-C 53-B 54-B 55-B
  • 56-C 57-D