GOVT 2302
Summer 2003
Study Guide – Exam #3
ESSAY QUESTIONS. Answer the following questions in a thorough essay (separate
essay for each question). Organize your essay(s) around a thesis statement. Include
an introduction, separate paragraphs developing your supporting arguments, and a
conclusion. A complete answer is one that addresses all parts of the question. Write
complete sentences and pay attention to spelling, grammar, and word choice. Do
NOT assume that “the instructor will know what you mean.”
1. Identify and discuss the constitutional provisions relating to the right of privacy. Explain
the significance of GRISWOLD V CONNECTICUT [1965] in the area of privacy. What are the
“penumbras of the Bill of Rights?”
2. Discuss the significance of ROE V WADE [1973]. What were the “compelling state interests”
asserted by the State of Texas? How did the USSC respond to these arguments?
3. Outline and discuss the Supreme Court’s positions on issues related to abortion rights
since the 1973 ROE V WADE decision.
4. Discuss Jelen’s typology of views towards church-state relations (i.e., the Establishment
Clause  accommodationist versus separationist and the Free Exercise Clause 
communalist versus libertarian). Include in your discussion descriptions of the resulting
categories: Christian preferentialist, religious minimalist, religious nonpreferentialist,
religious free-marketeer.
5. Discuss the arguments for and against laws regulating and punishing “hate speech.” What
is the USSC’s position regarding such laws? Is important to distinguish between “hate
speech” and other forms of speech? Why or why not? Is it important to distinguish
between “hate speech” and “hate crimes?” Why or why not?
6. Discuss the role of Congress in developing policy with respect to the freedom of religion,
abortion, and gay rights issues.
7. Discuss the role of the president in developing policy with respect to the freedom of
religion, abortion, and gay rights issues.
8. Discuss the role of federalism (state and local governments) in developing policy with
respect to the freedom of religion, abortion, and gay rights issues.
9. Outline and discuss the main features of public opinion with respect to the freedom of
religion, abortion, and gay rights issues.
10. Identify the major interest groups that have been active in the policy debates over the
freedom of religion, abortion, and gay rights issues. Discuss the positions that these
groups take on each issue.
SHORT ANSWER QUESTIONS. Answer the following questions in a paragraph (a
separate paragraph for each question). Do NOT answer specific parts as separate
items. Integrate your responses into a well-organized, well-constructed paragraph.
A complete answer is one that addresses all parts of the question. Write complete
sentences and pay attention to spelling, grammar, and word choice. Do NOT assume
that “the instructor will know what you mean.”
1. Distinguish between the contemporary meanings of civil liberties and civil rights
under the U.S. Constitution.
2. Explain the doctrine of selective incorporation. Be sure to indicate which
constitutional provision(s) is (are) relevant to the doctrine.
3. What is the USSC’s position relating to the issue of sexual orientation? Does the
USSC interpret the constitutional right to privacy to include sexual orientation?
Briefly summarize Bowers v Hardwick, Hurley v Irish-American Gay, Lesbian, and
Bisexual Group, Romer v Evans, and Lawrence and Garner v Texas.
4. Does the Constitution protect the “right-to-die?” What is the USSC’s position on
issues such as assisted suicide, euthanasia, and living wills? Are there other
legal protections for the perceived “right-to-die?”
5. Distinguish between the Establishment Clause and the Free Exercise Clause.
6. What is the “valid secular test?” How consistent has the USSC been in applying
the test? Use examples of USSC decisions to illustrate.
7. Identify and discuss three “tests” developed by the USSC with respect to freedom
of speech.
8. Identify and explain three categories of “unprotected speech.”
9. Discuss the Supreme Court’s definitions of obscenity, comparing the ROTH and
MILLER standards.
10. Briefly explain these “unacceptable restrictions” on speech: overbreadth, least
drastic means, content neutral, prior restraint
11. What is “symbolic speech?” Does the USSC recognize symbolic speech as being
protected by the 1st Amendment? Discuss.
IDENTIFICATION ITEMS. Define and identify the importance of the following items.
These items can generally be answered in two or three sentences. Students should
go beyond simple definitions of the terms or concepts to say why each is important.
It is possible that two terms may be paired in identification items. Your answer
should be written to demonstrate your familiarity with and understanding of both
terms or concepts in each pair. In this case, you should explain why the two are
juxtaposed. Here is an example:
-civil liberties
-civil rights
-1st Amendment
-3rd Amendment
-4th Amendment
-5th Amendment
-9th Amendment
-14th Amendment
-selective incorporation
-penumbras of the Bill of Rights
-GRISWOLD V CONNECTICUT
-ROE V WADE
-WEBSTER V REPRODUCTIVE HEALTH SERVICES
-PLANNED PARENTHOOD V CASEY
-LAWRENCE AND GARNER V TEXAS
-BOWERS V HARDWICK
-gag rule
-“umbrella of privacy”
-valid secular test
-Lemon test
-WALLACE V JAFFREE
-accommodationist
-separationist
-communalist
-libertarian
-prior restraint
-preferred freedoms test
-bad tendency test
-clear and present danger test
-symbolic speech
-fighting words doctrine
-“hate” speech
-libel
-slander
-TEXAS V JOHNSON
-R.A.V. V ST. PAUL
-WISCONSIN V YODER
-CITY OF BOERNE V FLORES, THE ARCHBISHOP OF SAN ANTONIO
-WEST VIRGINIA STATE BOARD OF EDUCATION V BARNETTE
-ENGEL V VITALE
SCHOOL DISTRICT OF ABINGTON TOWNHIP V SCHEMPP
MURRAY V CURTLETT