Study Guide for Exam #3
1. Contrast the contemporary meanings of the concepts of civil liberties and civil rights.
2. 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.
3. 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?
4. Outline changes in the law with regard to a woman’s right to terminate her pregnancy since
the 1973 ROE V WADE decision? In other words, discuss decisions of the USSC relating to the
abortion issue since the Roe decision.
5. 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, and Romer v
Evans.
6. 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?”
7. Distinguish between the Establishment Clause and the Free Exercise Clause.
8. What is the “valid secular test?” How consistent has the USSC been in applying the test?
Use examples of USSC decisions to illustrate.
9. What is the “Lemon test?” How consistent has the USSC been in applying the test? Use
examples of USSC decisions to illustrate.
10. Identify and discuss three “tests” developed by the USSC with respect to freedom of speech.
11. Identify and explain three categories of “unprotected speech.”
12. Discuss the Supreme Court’s definitions of obscenity, comparing the ROTH and MILLER
standards.
13. 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?
14. Briefly explain these “unacceptable restrictions” on speech: overbreadth, least drastic means,
content neutral, prior restraint
15. What is “symbolic speech?” Does the USSC recognize symbolic speech as being protected
by the 1st Amendment? Discuss.
16. Explain the doctrine of selective incorporation. Be sure to indicate which constitutional
provision(s) is (are) relevant to the doctrine.
17. Explain what Dye means by the classic dilemma of free government, providing examples to
illustrate.
18. 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.
**SPECIAL NOTE: Be prepared to answer possible questions on the exam regarding the role of any
of the institutions discussed in the photocopied articles with respect to the abortion, gay rights,
and pornography issues. For example,
Discuss the role of Congress (alternatively president, bureaucracies, courts, public opinion,
interest groups, or federalism) in developing policy with respect to the (abortion, gay rights,
and pornography) issues.