APAG Ch. 4 – Civil Liberties

1. APAG Ch. 4 – Civil Liberties Practice Slides

2. The Supreme Court began applying the Bill of Rights to state governments (the process of incorporation) in 1925 with the free speech case __________.

3. Gitlow v. New York, 1925

4. The _____ Amendment was used to apply the Bill of Rights to the states, a process known as incorporation.

5. 14th Amendment

6. Prior to Gitlow, the Bill of Rights protected citizens from certain exercises of powers by the national government, but not by _______.

7. Abuses by the states

8. As originally presented in the Constitution, the Bill of Rights limited only the power of the ________, not that of _______.

9. National government / not states.

10. When we speak of ______ ______ in the U.S., we typically are referring to specific limitations on government outlined in the Bill of Rights and elsewhere in the Constitution.

11. Civil Liberties

12. ______ ______ represent something the government cannot do, such as abridge a freedom.

13. Civil Liberties

14. A _______ allows students to purchase education at public or private schools.

15. Voucher system

16. In _________ the Supreme Court ruled that direct state aid could not be used to subsidize religious instruction.

17. Lemon v. Kurtzman, 1971

18. ______ holds that the 14th Amendment incorporates the Bill of Rights into its restrictions on state governments.

19. Incorporation theory

20. The _______ in the 1st Amendment, as it is understood today means that neither the federal government nor the state governments can set up a church or abolish long-established institutions that aid religious bodies.

21. Establishment clause

22. Generally, today’s Supreme Court has shown a greater willingness to allow the use of _______ for programs in religious schools.

23. Public funds

24. In 1962, the Supreme Court threw out the _________ used in New York Public schools because it is no part of the business of government to compose such things.

25. Regent’s prayer

26. The Supreme Court has ruled that religious leaders cannot deliver non-sectarian prayers at _________.

27. Graduation ceremonies

28. Teaching _______ in the public schools has been controversial, cannot be banned, cannot be required to teach creationism, and cannot be subject to a disclaimer recited by each teacher.

29. Darwin’s theory of evolution

30. The ________ case affirmed the no prior restraint doctrine in 1971 with the publication of the “Pentagon Papers.”

31. New York Times v. United States

32. What did the Supreme Court say about the use of peyote for religious purposes?

33. It denied the use.

34. What must a work of art possess in order to be considered obscene?

35. It must lack serious redeeming literary, artistic, political, or scientific merit.

36. When the Supreme Court overturned the conviction of the KKK in 1969, what did it say about political speech and the advocacy of force?

37. It ruled that protecting the advocacy of force so long as the advocacy was not directed at inciting imminent unlawful actions was legal.

38. The __________ meant that speech may be curtailed if there is a possibility that such expression might lead to some evil or call for the overthrow of the U.S. government.

39. Bad-tendency rule

40. ______ is defined as advertising statements.

41. Commercial speech

42. ______ is the non-verbal expression of beliefs, such as the burning of the flag.

43. Symbolic speech

44. In _________, the Supreme Court ruled that states CAN outlaw the possession of child pornography in the home because owning the material perpetuates the commercial demand to exploit children.

45. Osborne v. Ohio

46. _______ are restrictions on the publication of news about a trial in progress.

47. Gag orders

48. For a public official to obtain a damage award under libel laws, he or she must prove ________ and _________.

49. The person doing the libel knew it was not true and that it was done in actual malice.

50. _______ is defamation in writing.