Unit 5 Test Review Civil Liberties Questions:
1. How are most criminal cases settled?
2. Under the 4th amendment, what needs to exist in order for a search warrant to be
issued by the court?
3. What does the “establishment” clause state? Identify the three parts of the “lemon
test.”
4. What rights and liberties are protected by the Bill of Rights?
5. What is it that the state is prohibited from denying under the 14th Amendment?
6. What does the Miranda Rule state?
7. What is the “shield law”? (pertains to journalists)
8. What is meant by the “free exercise” clause?
9. The ruling in Brown v. Board of Education of Topeka was based on the legal
argument that segregation violated which Amendment?
10. Who is the final interpreter of the content of Americans’ civil liberties?
11. How have the courts used the “exclusionary rule?” (Mapp v. Ohio)
12. What does a writ of habeus corpus protect citizens against?
13. What is the incorporation doctrine? What is the difference between “selective”
incorporation and “total” incorporation?
14. In what instances can speech be suppressed? What is the standard for slander and
libel? (Speech v. Written)
15. What is “prior restraint?” (Near v. Minnesota)
16. Describe some ways (mechanisms) in which minorities have been discriminated
against by laws and court decisions that were handed down prior to 1900. What
did the Civil Rights Act of 1964 provide for minorities? How does Congress use
the commerce clause as justification for the Civil Rights Act?
17. What is the goal of affirmative action programs? Can schools use “race” as a
factor in admission to schools?
18. What is “strict scrutiny” as used by the Courts?
19. In what situations can the government deny life, liberty, or property? Focus on
how different categories of groups are treated differently.
20. What is the “takings clause of the 5th Amendment?
Supreme Court Cases:
Gitlow v. New York (1925)
Lemon v. Kurtzman (1971)
Planned v. Parenthood v. Casey (1992)
Roe v. Wade (1973)
New York Times Co. v. Sullivan (1964)
Hazelwood v. Kuhlmeier (1988)
Hustler Magazine v. Falwell (1988)
Miller v. California (1973)
The New York Times Co. v. United States (1971)Near v. Minnesota (1931)
Schenck v. United States (1919)
Miranda v. Arizona (1966)
Griswold v. Connecticut (1965)
U.C. Regents v. Bakke (1978)
The Bollinger Cases (2003)
Tinker v. Des Moines (1969)
Texas v. Johnson (1989)
Plessy v. Ferguson (1896)
Mapp v. Ohio (1961)
Gideon v. Wainwright (1963)
Brown v. Board of Education (1954)
T.L.O. v. New Jersey (1985)
Kelo v. New London (2005)