Cht 4 Study Guide

Reading Objective: Chapter four Civil Liberties and Policy

Objective 1: Understand the constitutional basis of civil liberties and the Supreme Court's role in defining them.

1. Define the term "civil liberties."

The legal constitutional protections against government.

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

3. Explain the importance of the Fourteenth Amendment.

4. What is the incorporation doctrine?

Objective 2: Discuss the religious liberties guaranteed in the First Amendment.

1. List four Supreme Court cases concerning the establishment clause and comment on the significance of each.


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

Objective 3: Explain the nature of and the issues involving freedom of expression, freedom of assembly, and the right to bear arms in America.

1. Define the term "prior restraint."

2. List and explain the significance of three Supreme Court cases concerning free speech and public order.


3. What is a shield law?

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

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

6. Define the term "symbolic speech."

7. Who regulates commercial speech?

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

9. Explain the two facets of the freedom of assembly.


10. Explain the Supreme Court ruling in District of Columbia v. Heller (2008).

Objective 4: Identify the rights of individuals accused of crimes.

1. Draw a diagram of the criminal justice system as a series of funnels.

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

3. What...
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