CHAPTER 4: CIVIL LIBERTIES AND PUBLIC POLICY
Multiple Choice Questions
1. Civil liberties are legal and constitutional protections against
a. criminals.
b. government.
c. foreign invasions.
d. minority tyranny.
e. factions.
2. Freedom of religion is guaranteed by the ______ Amendment.
a. First
b. Second
c. Third
d. Fourth
e. Tenth
3. The Supreme Court decision in Barron v. Baltimore (1833) maintained that the Bill of Rights
intended to prevent
a. both the national and state governments from violating civil rights.
b. cities from taking private property without due process.
c. only the national government from abridging civil liberties.
d. the states from infringing on individual rights.
e. the United States government from granting titles of royalty.
4. The legal concept through which the Supreme Court has nationalized the Bill of Rights is called
the
a. implied powers doctrine.
b. enumerated powers doctrine.
c. incorporation doctrine.
d. disincorporation doctrine.
e. due process doctrine.
5. The Supreme Court has ruled that government aid to church-related schools
a. is acceptable for things such as field trips and teacher salaries but not for textbooks or
transportation to school.
b. is permitted when the aid is for a nonreligious purpose.
c. is acceptable if the school is affiliated with a major religion but not for small, fringe
religious sects.
d. violates the establishment clause.
e. does not constitute an establishment of religion.
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6. In what case did the Supreme Court rule that a newspaper, no matter how outrageous its opinions,
must be allowed to publish without prior restraint?
a. Wisconsin v. Yoder
b. Miranda v. Arizona
c. Near v. Minnesota
d. New York Times v. Sullivan
e. Mapp v. Ohio
7. The principle that “obscenity is not within the area of constitutionally protected speech or press”
was established in
a. Roth v. United States.
b. Osborne v. Ohio.
c. Miller v. California.
d. United States v. Snepp.
e. Ohio v. Pussycat Theater.
8. The publication of statements known to be false that are malicious and tend to damage a person’s
reputation is called
a. obscenity.
b. symbolic speech.
c. slander.
d. libel.
e. fraud.
9. In NAACP v. Alabama (1958), the Supreme Court ruled that forcing the NAACP to turn over its
membership list to the state of Alabama was an unconstitutional violation of the NAACP’s
a. freedom of association.
b. freedom of expression.
c. freedom of religion.
d. freedom of belief.
e. None of these are correct.
10. Which of the following is NOT a constitutionally permissible limitation on the Second
Amendment right to bear arms?
a. Background checks for gun buyers
b. Mandatory trigger locks
c. Prohibitions on concealed weapons
d. Limits on the possession of firearms by the mentally ill and by felons
e. Restrictions on dangerous and unusual weapons not typically used for self-defense
11. Obtaining evidence in a haphazard or random manner, in violation of the Fourth Amendment, is
known as
a. bounty hunting.
b. unreasonable search and seizure.
c. a violation of privacy.
d. cruel and unusual punishment.
e. an Ariel search.
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12. The ________ Amendment forbids forced self-incrimination, stating that no person “shall be
compelled to be a witness against himself.”
a. First
b. Twenty-sixth
c. Fifth
d. Fourth
e. Ninth
13. In what case did the Supreme Court rule that suspects must be told of their constitutional rights to
remain silent, that what they say can be used against them, and of their right to have an attorney
present during any questioning?
a. Gideon v. Wainwright
b. Near v. Minnesota
c. Plucennik v. United States
d. Miranda v. Arizona
e. Mapp v. Ohio
14. In 2008 in Boumediene v. Bush, the Supreme Court ruled that
a. foreign terrorism suspects held at Guantanamo Bay do not have any constitutional right
to challenge their detention in U.S. courts.
b. foreign terrorism suspects held at Guantanamo Bay have constitutional rights to
challenge their detention in U.S. courts.
c. National Security Agency domestic spying and wiretapping of international telephone
calls without court-approved warrants were unconstitutional.
d. National Security Agency domestic spying and wiretapping of international telephone
calls without court-approved warrants were constitutional.
e. The USA PATRIOT Act was unconstitutional.
15. In Griswold v. Connecticut (1965), the Supreme Court
a. ruled that various portions of the Bill of Rights cast “penumbras” protecting a right to
privacy, including a right to family planning.
b. overturned a woman’s legal right to abortion.
c. ruled that the state of Connecticut could legally ban the sale of contraceptives under state
police powers of the Tenth Amendment.
d. held that abortion was a woman’s legal right.
e. overturned a Connecticut state sodomy law.
True/False Questions
1. Americans’ civil liberties are set down in the first 10 amendments to the Constitution.
2. The First Amendment, as originally understood, applied only to the national government.
3. The First Amendment prohibits an established national religion.
4. Prior restraint refers to government actions preventing material from being published.
5. The right to peaceably assemble is protected by the Second Amendment.
6. The Supreme Court recently ruled that the Second Amendment protects an individual right to
possess a firearm unconnected with service in a militia.
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7. A warrant is not a constitutional requirement for a reasonable police search.
8. The Supreme Court has ruled that it is cruel and unusual punishment to sentence a juvenile
offender to life in prison without parole for a nonhomicide crime.
9. Lethal injection has been declared unconstitutional by the Supreme Court.
10. The numbers of death sentences grew dramatically between 1998 and 2009.
11. The Bill of Rights does not explicitly grant a right to privacy.
12. The Freedom of Access to Clinic Entrances Act makes it a federal crime to intimidate abortion
providers or women seeking abortions.
13. A clear majority of Americans support a legal right to abortion under some circumstances.
14. Majority rule may at times conflict with individual rights.
15. Civil liberties are both the foundation for and a reflection of our emphasis on individualism.
CHAPTER EXAM
Multiple Choice Questions
1. The ________ is the final interpreter of the content and scope of Americans’ civil liberties.
a. president
b. Congress
c. Supreme Court
d. American Civil Liberties Union
e. Constitution
2. The Bill of Rights was written and proposed by
a. the United States Supreme Court in 1796.
b. the First Congress of the United States in 1789.
c. the Constitutional Convention in 1787.
d. President George Washington in 1789.
e. President Thomas Jefferson in 1801.
3. The Bill of Rights was adopted primarily in response to
a. the Spanish Inquisition.
b. British abuses of the colonists’ civil liberties.
c. the abuses committed by the United States Continental Army during the Revolutionary
War.
d. the horrors of the French Revolution.
e. Shays’ Rebellion.
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4. The great freedoms of speech, press, religion, and assembly are contained in the
a. First, Second, Third, and Fourth Amendments.
b. Fourth Amendment.
c. Second Amendment.
d. Third Amendment.
e. First Amendment.
5. The language of the First Amendment, “Congress shall make no law,” suggests that the Bill of
Rights was written to
a. restrict the powers of the national government.
b. restrict the powers of the state governments.
c. restrict the powers of both the national and state governments.
d. enlarge the powers of the national government.
e. enlarge the powers of the state governments.
6. In the case of ________, the Supreme Court ruled that the Bill of Rights restrained only the
national government, not states and cities.
a. Miranda v. Arizona
b. Barron v. Baltimore
c. New York v. the United States
d. Engel v. Vitale
e. Gitlow v. New York
7. Beginning with the case of ________ in 1925, the Supreme Court began to rule that the Bill of
Rights applied directly to the states, as well as to the national government.
a. United States v. Bill of Rights
b. Miranda v. Arizona
c. Engel v. Vitale
d. Barron v. Baltimore
e. Gitlow v. New York
8. Incorporation is the legal concept under which the Supreme Court has nationalized the Bill of
Rights by making most of its provisions applicable to the states through the due process clause of
the _________ Amendment.
a. First
b. Second
c. Tenth
d. Fourteenth
e. Fifteenth
9. In Gitlow v New York (1925), the Court ruled that freedoms of speech and press were liberties
protected by the ________ clause of the Fourteenth Amendment.
a. due process
b. necessary and proper
c. commerce
d. interstate commerce
e. free press
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10. The incorporation doctrine involves
a. application of the Bill of Rights to the states.
b. the government’s power to regulate corporations.
c. the procedures for creating a city government.
d. the interpretation of the commerce clause.
e. the extension of judicial review to state courts.
11. The abridgment of citizens’ freedom to worship, or not to worship, as they please is prohibited by
the
a. due process clause.
b. full faith and credit clause.
c. free exercise clause.
d. privileges and immunities clause.
e. establishment clause.
12. The two clauses of the First Amendment regarding religion and government are commonly
referred to as
a. the establishment clause and the free exercise clause.
b. the due process clause and the free exercise clause.
c. the due process clause and the establishment clause.
d. the free exercise clause and the necessary and proper clause.
e. the establishment clause and the necessary and proper clause.
13. Government recognition of a national or official religion is prohibited by the
a. due process clause.
b. establishment clause.
c. free exercise clause.
d. freedom of religion.
e. Second Amendment.
14. In Lemon v. Kurtzman, the Supreme Court established that aid to church-related schools must do
all of the following EXCEPT
a. have a secular purpose.
b. inhibit religion.
c. not advance religion.
d. not create excessive government entanglement with religion.
e. treat all religions equally.
15. In the Lemon v. Kurtzman decision of 1971, the Supreme Court ruled that
a. any aid of any sort to church-related schools is not constitutional because it violates
church-state separation.
b. aid to church-related schools is fully constitutional and can be used for any purposes
needed by the schools.
c. spoken prayers in public schools were unconstitutional.
d. aid to church-related schools must be for secular purposes only and cannot be used to
advance or inhibit religion.
e. devotional Bible reading in public schools was unconstitutional.
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16. The Supreme Court rulings in Agnostini v. Felton (1997) and Zelman v. Simmons-Harris (2002)
together exemplify a(n)
a. tightening of the limitations on government involvement in religion.
b. loosening of regulations on government aid to parochial schools.
c. breaking down of the wall of separation between church and state.
d. elimination of government funding for parochial schools.
e. opening of public schools to religious activities.
17. In the Engel v. Vitale case of 1962, the Supreme Court ruled that ________ was (were)
unconstitutional.
a. prayers done as classroom exercises in public schools
b. the Connecticut statute barring the distribution of birth control information
c. segregation
d. prior restraint
e. police search or seizure without an authorized warrant
18. In its Near v. Minnesota decision of 1931, the Supreme Court ruled that
a. the state government could not use prior restraint to shut down an outspoken newspaper.
b. a school newspaper was not a public forum and could be regulated “in any reasonable
manner” by school officials.
c. states had the power to use prior restraint broadly, but the national government did not.
d. a CIA agent could not publish a personal memoir without clearing it through the agency.
e. states were prohibited from publishing newspapers because that amounted to government
censorship of the press and constituted the establishment of a government monopoly.
19. Which of the following elements of the Bill of Rights was extended to the states by the Supreme
Court case of Near v. Minnesota?
a. Freedom of speech
b. Freedom of the press
c. Right to counsel in felony cases
d. Grand jury requirement
e. Right to privacy
20. In the case of Schenck v. United States in 1919, Justice Holmes declared that government can
limit speech if that speech provokes
a. a clear and present danger.
b. libel.
c. public demonstrations in opposition to the government.
d. Obscenity.
e. prior restraint.
21. In Dennis v. United States, the Supreme Court
a. upheld the federal law banning the Nazi party in the United States and prohibiting its
activities.
b. upheld the convictions of Communist Party officials who had been sent to prison because
of their beliefs.
c. overturned the convictions of Communist Party officials who had been sent to prison
because of their beliefs.
d. ruled that burning a draft card was not covered under free speech.
e. overturned the federal law against burning or desecrating the American flag, arguing that
it violated free speech.
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22. In Roth v. United States, the Supreme Court held that
a. outdoor drive-ins could not be barred from showing a film that included nudity.
b. the possession of child pornography was not covered by any right to free speech or press,
and could be made a crime.
c. the government cannot prohibit discrimination against women priests by churches
because it would violate the free exercise of religion.
d. obscenity is not within the area of constitutionally protected free speech.
e. the film Carnal Knowledge, which had critical acclaim but a sexual theme and explicit
scenes, could not be banned.
23. In ________, the Court clarified its doctrine of what was obscene, including such gauges as
whether material appealed to merely a prurient interest in sex, and whether it lacked serious
artistic, literary, political, or scientific merit.
a. Osborne v. Ohio
b. Engel v. Vitale
c. Miller v. California
d. Near v. Minnesota
e. Federal Communications Commission v. Stern
24. In the case of New York Times v. Sullivan (1964), the Supreme Court ruled that
a. government officials cannot sue newspapers for libel since this would entail prior
restraint of the press.
b. the Pentagon papers could be legally published despite the government’s desire to keep
the material secret.
c. the publication of the Pentagon papers could be legally barred as a matter of national
security.
d. statements made about political figures, however malicious, can never be deemed
libelous.
e. statements made about political figures are libelous only if made with malice and reckless
disregard for the truth.
25. The principle that statements about public figures are libelous only if made with malice and
reckless disregard for the truth was established in
a. Texas v. Johnson.
b. New York Times v. Sullivan.
c. Osborne v. Ohio.
d. the Anti-Defamation Act of 1952.
e. Hustler Magazine v. Falwell.
26. Which of the following is a form of symbolic speech?
a. Burning the American flag
b. Parades
c. Wearing an armband
d. All of these are forms of symbolic speech.
e. None of these is a form of symbolic speech.
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27. Advertising is considered a form of ________ and, according to the decisions of the Supreme
Court, is subject to greater restrictions on free speech than religious or political speech.
a. symbolic speech
b. paid speech
c. imaged expression
d. propaganda
e. commercial speech
28. In Miami Herald Publishing Company v. Tornillo (1974), the Court
a. voided a Florida state law requiring newspapers to provide space for political candidates
to reply to newspaper criticism.
b. upheld a Florida state law requiring newspapers to provide space for political candidates
to reply to newspaper criticism.
c. ruled that print media would be subject to a lower standard of constitutional review than
broadcast media.
d. ruled that political candidates’ rights to free speech required newspapers to grant them
space to communicate with voters.
e. ruled that newspapers were prohibited from printing stories that criticized political
candidates.
29. The right to assemble and the right to associate with people who share a common interest are
protected by the ________ Amendment.
a. First
b. Second
c. Fifth
d. Eighth
e. Tenth
30. The rights of protestors demonstrating outside abortion clinics concern which of the following
freedoms?
a. Religious expression
b. Assembly
c. Marriage
d. Abortion
e. Gun ownership
31. In District of Columbia v. Heller (2008), the Supreme Court ruled that
a. guns must be stored in a fashion that prevents their theft or children from accessing them.
b. the Second Amendment only applies to the right of states to create militias.
c. prohibitions on concealed weapons are unconstitutional.
d. the Second Amendment protects an individual right to possess a firearm unconnected to
service in a militia.
e. background checks for gun buyers and qualifications on the commercial sale of firearms
are unconstitutional.
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32. Fourth Amendment protections against unreasonable search and seizure are most relevant to
which stage of the criminal justice system?
a. Evidence gathered
b. Suspicion cast
c. Arrest made
d. Interrogation held
e. Trial held
33. In the case of ________, the Supreme Court ruled that the protection against unreasonable search
and seizure applied to the state and local governments, as well as the national government, thus
nationalizing the exclusionary rule.
a. Miranda v. Arizona
b. Gideon v. Wainwright
c. Roth v. United States
d. United States v. New York
e. Mapp v. Ohio
34. The Fifth Amendment forbids
a. cruel and unusual punishment.
b. forced self-incrimination.
c. illegal searches and seizures.
d. the government establishment of a national religion.
e. All of these except d.
35. In the case of Miranda v. Arizona, the Supreme Court ruled that
a. illegally obtained evidence cannot be used in a trial.
b. police must inform any suspect of a series of rights, including the constitutional right to
remain silent.
c. the death penalty could be imposed for the most extreme of crimes.
d. defendants in all felony cases have a right to counsel, even if the state has to provide such
legal assistance.
e. the police must show probable cause before making an arrest.
36. The Supreme Court’s 1991 ruling that a coerced confession introduced during a trial does not
automatically taint a conviction if it is a “harmless error” is an example of the Court’s recent
willingness to make exceptions to the requirements of
a. Miranda rights.
b. cruel and unusual punishment.
c. habeas corpus.
d. the exclusionary rule.
e. the right to privacy.
37. The Supreme Court case of Gideon v. Wainwright
a. extended the right to counsel to everyone accused of a felony.
b. prohibited government officials from issuing gag orders to the media.
c. ruled that illegally seized evidence cannot be used in court.
d. gave only those accused of capital crimes the right to counsel.
e. set guidelines for police questioning of suspects.
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38. In the 1963 case of ________, the Supreme Court ruled that defendants in all felony cases had a
right to counsel, and if they could not afford to hire a lawyer, one must be provided.
a. Mapp v. Ohio
b. Engel v. Vitale
c. Gideon v. Wainwright
d. Miranda v. Arizona
e. National Bar Association v. United States
39. Which of the following is true of the U.S. criminal justice system?
a. Approximately 90 percent of all cases begin and end with a guilty plea.
b. The Constitution does not specify the size of a jury, but tradition has set the number at
twelve.
c. Unanimous votes of juries are required for a criminal conviction.
d. Recent Supreme Court rulings ensure that judges’ authority in sentencing derives from
juries’ verdicts.
e. All of these are true.
40. In Hamdan v. Rumsfeld (2006) the Supreme Court ruled that
a. terrorists are not entitled to protection by the Bill of Rights.
b. the procedures for trying prisoners at Guantanamo Bay, Cuba, were insufficient for
ensuring a fair trial.
c. the Geneva Convention does not apply because the “enemy combatants” are not soldiers
in a recognized army.
d. the president has “inherent power” to fight the war on terror as he sees fit. Therefore, the
president can establish judicial procedures on his own.
e. All of the above are true.
41. Cruel and unusual punishment is forbidden by the
a. self-incrimination clause.
b. Fifth Amendment.
c. Sixth Amendment.
d. Eighth Amendment.
e. exclusionary clause.
42. Gregg v. Georgia (1976) is significant in that it
a. marks the Supreme Court’s ruling that the death penalty is constitutional, even though it
is an extreme sanction for the most extreme of crimes.
b. was the first time the Court found a state’s death penalty practices (in this case, the state
of Georgia) to be “freakish” and “random.”
c. settled once and for all debate over whether the death penalty constitutes cruel and
unusual punishment.
d. Both a and c are true.
e. Both b and c are true.
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43. Which of the following statements regarding the death penalty is NOT true?
a. The Supreme Court has made it easier for death row prisoners to file petitions to delay
and appeal their executions.
b. The European Union prohibits the death penalty in member countries.
c. The Courts have made it easier for prosecutors to exclude from juries jurors who oppose
the death penalty.
d. Most Americans support the death penalty.
e. There is evidence that racism plays a role in whites’ support of the death penalty.
44. In Roe v. Wade, the Supreme Court ruled that in the third trimester of pregnancy
a. states can ban abortion except when the mother’s health is in danger.
b. states are prohibited from funding the abortions of poor women.
c. states cannot ban abortion unless the mother’s life is in danger.
d. states cannot ban abortion.
e. the federal government, but not the states, is prohibited from funding abortions for poor
women.
45. The Supreme Court’s Roe v. Wade decision was issued in
a. 1954.
b. 1973.
c. 1979.
d. 1985.
e. 1991.
46. According to your textbook, since its Roe v. Wade decision, the Supreme Court has
a. generally moved to allow states more room to regulate abortions (e.g., waiting periods)
than was true in Roe.
b. not moved an inch from its dramatic original ruling.
c. greatly extended the right of a woman to make her own decision about terminating her
pregnancy.
d. reversed itself within the last few years and has now overturned the Roe decision.
e. been silent on the politically divisive issue of abortion.
47. In the 1992 case of Planned Parenthood v. Casey, the Supreme Court ruled that abortion
a. could be completely outlawed by individual states.
b. must be funded by state governments when the mother cannot afford it, or it would be a
violation of the equal protection clause.
c. restrictions could be imposed by states if they did not involve “undue burdens” on the
women seeking abortions.
d. funding by any level of government was unconstitutional.
e. was a fundamental right, and any restrictions on such a right had to be judged by a “strict
scrutiny.”
48. In Gonzales v. Carhart (2007), the Supreme Court
a. upheld a 2003 law banning “partial birth abortion” despite the fact that it does not make
an exception to preserve a mother’s health.
b. overturned a 2003 law banning “partial birth abortion” because it does not make an
exception to preserve the mother’s health.
c. ruled that “partial birth abortion” should never be permitted under any circumstances.
d. overturned Roe v. Wade.
e. declared waiting periods for women seeking abortions unconstitutional.
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49. Which of the following is TRUE of American public opinion on abortion?
a. A majority of Americans oppose abortion under all circumstances.
b. A majority of Americans support abortion under all circumstances.
c. A majority of Americans support abortion under some circumstances.
d. A majority of Americans have no opinion on abortion.
e. More Americans oppose abortion than support it.
50. Which of the following restrictions on access to abortion has the Supreme Court argued is
constitutional?
a. Twenty-four-hour waiting periods for women seeking abortions
b. Parental consent for minors seeking abortions
c. Requiring doctors to present women with information concerning the risks of abortion
d. Prohibiting “partial birth abortion” without an exception to preserve the mother’s health
e. The Court has argued that all of the above are constitutional.
True/False Questions
1. The Supreme Court has ruled that it is unconstitutional for public colleges and universities to
charge students an activity fee that might potentially pay for activities that students object to.
2. The First Amendment was incorporated to the states in the case of Zelman v. Simmons-Harris.
3. The Twenty-sixth Amendment, ratified in 1971, has been used by the Supreme Court to
incorporate most of the Bill of Rights into state laws.
4. The “wall of separation” suggested by the First Amendment refers to the division of power
between the national and state governments.
5. In its 2002 decision in Zelman v. Simmons-Harris, the Supreme Court ruled that it is
constitutional to provide families with publicly funded vouchers that could be used to pay for
tuition at religious schools.
6. It is unconstitutional to pray in school.
7. In 2000, the Court held that student-led prayer at football games was unconstitutional.
8. Americans are more tolerant of free-speech rights in regard to religion than are individuals in
other industrialized democracies, including France, Spain, Great Britain, Ireland, Canada, and
Israel.
9. Students in public schools may be subject to greater regulation of free speech than adults in other
settings.
10. Obscenity is not within the realm of constitutionally protected speech or press.
11. Nonverbal speech, such as burning a flag or wearing an armband, is referred to as commercial
speech.
12. The Federal Trade Commission regulates the nature, content, and existence of radio and
television broadcasting.
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13. The Supreme Court overturned restrictions on radio and television broadcasting in Red Lion
Broadcasting Company v. Federal Communications Commission.
14. Reasonable limits on freedom of assembly are referred to as time, place, and manner restrictions.
15. The Supreme Court has upheld state laws requiring handguns to be stored unassembled and
unarmed.
16. Before making an arrest, police need what the Constitution calls “probable cause” to believe that
someone is guilty of a crime.
17. The vast majority of criminal cases in the U.S. begin and end with “not guilty” pleas.
18. The exclusionary rule prevents prosecutors from introducing illegally seized evidence in court.
19. The Sixth Amendment protects persons accused of crimes from self-incrimination.
20. The Supreme Court decision in Gideon v. Wainwright (1963) extended the right to counsel to
persons accused of felonies in state courts.
21. The Supreme Court has ruled that detainees in Guantanamo Bay, Cuba, have the right to
challenge their detention before a judge.
22. In 2006, the Supreme Court held that the procedures approved by President George W. Bush for
trying prisoners at Guantanamo Bay violated the Uniform Code of Military Justice and the
Geneva Conventions.
23. The Supreme Court has ruled that the death penalty violates the equal protection of the law
guaranteed by the Fourteenth Amendment.
24. In recent years, the Supreme Court has placed additional constraints on the application of the
death penalty, barring the execution of the mentally ill and retarded and of people who were
under the age of 18 when they committed their crimes.
25. The right to privacy is guaranteed by the First Amendment of the Constitution.
26. The right to privacy was first articulated in Griswold v. Connecticut (1965), a case involving a
Connecticut law forbidding the use of contraceptives.
27. In the case of Roe v. Wade (1973), the Supreme Court outlawed any state laws to restrict a
woman’s right to an abortion at any point in her pregnancy.
28. In Planned Parenthood v. Casey (1992) the Supreme Court loosened its standard for evaluating
restrictions on abortion.
29. In cases of abortion, a woman’s right to an abortion has run into conflict with pro-life
demonstrators’ rights to assemble and protest.
30. Although in general civil liberties limit the scope of government, substantial government efforts
are often required to protect the expansion of rights.
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Short Answer Questions
1.
Explain the significance of Gitlow v. New York and the Fourteenth Amendment to the incorporation of the
Bill of Rights.
2.
Explain the free exercise clause and the establishment clause. Provide an example in which the rights
protected by each clause may conflict.
3.
According to the Supreme Court’s decision in Lemon v. Kurtzman (1971), what are the three criteria that
must be met in order for government aid to church-related schools to be constitutional? Are these criteria
reasonable? Explain.
4.
What is prior restraint? How has the Supreme Court dealt with this issue?
5.
Explain how the freedoms of speech and press have been limited in the name of public order and the right
of a fair trial.
6.
Describe how the Supreme Court has evaluated freedom of speech with respect to obscenity on the Internet.
7.
How has the Court dealt with obscenity cases and the very definition of obscenity? Should obscenity be
protected as freedom of expression, or should local communities be allowed to set standards of what is and
is not obscene? Explain.
8.
Compare and contrast the civil liberty issues involved in the different types of speech such as obscenity,
libel, symbolic speech, commercial speech, and speech over the public airways.
9.
Describe the rights to assemble and to associate protected by the First Amendment. Under what
circumstances has the Supreme Court permitted restrictions on these rights?
10. In what ways have recent Supreme Court decisions clarified the individual rights protected by the Second
Amendment?
11. Which amendments of the Bill of Rights protect the rights of the criminally accused? Identify the
appropriate amendments and explain the protections.
12. What is the exclusionary rule and how has it been used by the Supreme Court?
13. Present the argument that the extension of defendants’ rights has inhibited the police and benefited
criminals. What specific court decisions have extended defendants’ rights and how?
14. What was the significance of the Supreme Court’s 2008 ruling in Boumedine v. Bush?
15. In what way does the Constitution guarantee a right to privacy? How has this right evolved over time?
Essay Questions
1.
Civil liberties issues involve balancing competing values, such as protecting individual rights to free speech
while preserving public order, or protecting national security while preserving the rights of the criminally
accused. Chose and elucidate one of these tensions. Identify the constitutional issues at stake. Summarize
recent Supreme Court rulings most relevant to this tension.
2.
How and why have the provisions of the Bill of Rights been incorporated into state laws? Do you think this
is an infringement on the rights of the states, or is it appropriate to protect national civil liberties in all
cases? Explain.
3.
How have issues like prayer and Bible reading in public schools been settled by the Supreme Court, and
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why? How high would you construct the “wall of separation” between church and state, and why?
4.
The Supreme Court has generally not upheld campus speech codes that limit certain forms of speech,
including hate speech, on college and university campuses. Do you agree or disagree with the Court’s
rulings? Should colleges and universities be permitted to regulate student speech in the interest of
protecting individuals from the harms associated with hearing racist, hateful, or otherwise injurious speech?
5.
Should freedom of assembly include the right of groups like the American Nazi Party, the Ku Klux Klan,
the Communist Brigade, and similar groups to march and hold rallies? Explain your answer and why others
might argue otherwise.
6.
The USA PATRIOT Act (reauthorized by Congress in 2006 with a few changes), the Foreign Intelligence
Surveillance Act of 2008, and actions carried out by the National Security Agency and George W. Bush
administration raised new questions about the competing interests of national security and civil liberties.
What are these interests and what issues of civil liberties are at stake? How should the Court reconcile these
competing issues? Has the War on Terrorism overstepped appropriate boundaries of civil liberties?
7.
One of the greatest debates concerning Americans’ civil liberties lies in the area of privacy rights. Do we
have a right to privacy, and, if so, where does that right come from? Should a right to privacy be extended
to include new rights, such as a right to gay marriage or a right to die?
8.
Describe the significance of the Supreme Court’s Roe v. Wade ruling. Did the Court overstep its authority,
or did it properly extend the right of privacy in this case? How have later Court decisions changed Roe?
Explain.
9.
On what basis has the Court permitted state restraints on the legal right to abortion? In your estimation, are
state restraints on abortion constitutional?
10. In what ways might the further expansion of individual liberties require an expansion—rather than a
limitation—of the scope of government?
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