Class Notes / Learning Log / Textbook Notes

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Name: ________________________________________
Topic: HWCH4
Class: Social Studies 12
Period: _______________________________________
Questions/Main Ideas:
Define "civil liberties."
Who is the final interpreter of content
and scope of civil liberties?
Where are they delineated?
Against whom or what was the Bill
of Rights intended to protect citizens?
Identify Barron v. Baltimore and its
resulting principle.
Identify Gitlow v. New York and its
resulting principle. [On a separate sheet of
paper, start a “casefile” of cases you
should know. Case file should be neatly
organized and contain the Case name,
year, legal topic, important info including
overturned cases and, most importantly,
the precedent or principle set.]
Carefully note how the court's
interpretation of the 14thAmendment
began the development of the
incorporation doctrine.
List the two clauses contained in the
First Amendment dealing with
religion.
What did the establishment clause
seek to prevent?
How does the court determine
whether the establishment clause is
violated in cases of aid to churchrelated schools? Lemon Test
What did the free exercise clause
seek to prevent?
In defending the rights contained in
the free exercise clause, what
distinction has the court made?
Is the right to speech unlimited?
What kinds of activities do and do
not constitute "speech?"
Notes:
What is it that all freedom of
expression cases have in common?
Define prior restraint.
What were the outcomes of Near v.
Minnesota & New York Times v.
United States? What impact did it
have on free speech rights?
What conclusion would you draw
about the court's attitude toward prior
restraint?
How do you balance having a free
press and keeping the public order?
What is the clear and present danger
doctrine?
To what extent has the court become
supportive of the right to protest,
leaflet, or gather signatures?
List the rights afforded to defendants
in a trail
Have the courts ever restricted the
press in the interest of a fair trial?
What 3-part test has the court devised
to see of material is obscene or not.
Differentiate between libel and
slander.
Why is there a different standards
between public figures and you with
regards to slander.
What must a public figure prove to
win a libel or slander case?
What is symbolic speech?
What are the protections contained in
the Fourth, Fifth, Sixth, Seventh and
Eight Amendments?
What happens is any of the rights are
abridged in pursuing a conviction?
What is probable cause?
Does a police officer have to have a
warrant to conduct a search?
What is the exclusionary rule?.
What are the arguments of critics and
defenders of the exclusionary rule?
What is the most significant case
delineating rules for police
questioning of suspects?
Concerning which form of
punishment has debate over cruel and
unusual punishment occurred?
Has the Supreme Court decided if the
death penalty violates this
constitutional protection?
Is there a right to privacy? If so
where is it to be found in the
Constitution?
How was the right to abortion
connected to the right to privacy?
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