Chapter 19: Civil Liberties: First Amendment Freedoms



Chapter 19: Civil Liberties: First Amendment Freedoms

Section 1: The Unalienable Rights

Main Idea: The United States was founded, in part, to ensure individual rights against the power of government. However, these rights can be restricted when they come into conflict with the rights of others. The Due Process Clause of the 14th Amendment prevents the states from abridging rights guaranteed in the Constitution’s Bill of Rights.

A Commitment to Freedom

Explain how Americans’ commitment to freedom led to the creation of the Bill of Rights.

Define civil liberties:

Define civil rights:

Federalism and Individual Rights

What was the Bill of Rights originally intended to restrict?

Define the due process clause:

Define the process of incorporation:

Which 1st amendment right did the court case, Gitlow v. New York incorporate to the states?

Using the chart on pg. 536, which parts of the Bill of Rights have NOT been incorporated to the states?

Chapter 19: Civil Liberties: First Amendment Freedoms

Section 2: Freedom of Religion

Main Idea: Freedom of religion is one component of the constitutional guarantee of free expression. The Establishment Clause sets up what Thomas Jefferson called “a wall of separation between church and state,” but the nature of that separation is still being argued in American society and in the courts. The Free Exercise Clause protects Americans’ right to believe – though not to do – whatever they wish.

Freedom of Expression

Identify and describe the two clauses set in the Constitution designed to protect religious freedom.

Religion and Education

What was the court’s decision in the case of Everson v. Board of Education? What was the court’s argument?

What was the court’s decision in Engel v. Vitale?

What is the court’s overall stance on prayer in schools?

What did the Equal Access Act of 1984 do?

What is the purpose of the Lemon test?

What are the three standards of the Lemon test?

The Free Exercise Clause

What did the court decide in Reynolds v. United States? What was its reasoning?

Describe the court’s action in Wisconsin v. Yoder, including its decision and why.

Chapter 19: Civil Liberties: First Amendment Freedoms

Section 3: Freedom of Speech and Press

Main Idea: The freedom to express ideas freely and to hear the ideas of others is fundamental to American democracy. However, some limitations on freedom of expression have been upheld by the Supreme Court. These include restrictions on certain kinds of speech, such as obscenity, and on speech in certain circumstances.

Free Speech and Press

What are the two fundamental purposes of the guarantees of speech and press in the 1st and 14th Amendments?

What are libel and slander? Why are these forms of speech not protected by the 1st Amendment?

Free Speech or Sedition

Define sedition:

What is the “clear and present danger” rule?

Free Speech or Obscenity

What was the purpose of the court’s decision in Miller v. California?

Prior Restraint

Define prior restraint:

What was the court’s decision in Near v. Minnesota?

How was the courts decision different in the case, New York Times v. United States?

Symbolic Speech

Define symbolic speech:

What was the court’s decision in Tinker v. Des Moines?

What was the court’s decision in Buckley v. Valeo?

What was the court’s decision in Texas v. Johnson?

Chapter 20: Civil Liberties: Protecting Individual Rights

Section 1: Due Process of Law

Main Idea: In observing due process of law, the government must act fairly and in accordance with established rules. Although the states possess the power to safe-guard the well-being of their people through their police power, they must also observe due process rights. These rights include the right of privacy.

The Importance of Due Process

Define due process:

What is the difference between substantive and procedural due process?

What two important points are made about the 14th Amendment and the Bill of Rights?

The Police Power

Define police power:

What was the court’s decision in Schmerber v. California? Why was this decision made?

The Right to Privacy

What was the court’s decision in Griswold v. Connecticut? Why was this decision made?

Explain the importance of the court’s decision in Roe v. Wade?

Chapter 20: Civil Liberties: Protecting Individual Rights

Section 2: Freedom and Security of the Person

Main Idea: Various constitutional provisions protect Americans’ right to live in freedom. The 13th Amendment and subsequent civil rights laws prohibit slavery and involuntary servitude. The 2nd Amendment aims to preserve the concept of the citizen-soldier, while the third and 4th amendments protect the security of home and person.

Security of Home and Person

Define probable cause:

What was the court’s ruling in Minnesota v. Carter?

What must a police officer have to search an automobile?

Define exclusionary rule:

What was the court’s decision in Mapp v. Ohio? Why was this decision made?

Chapter 20: Civil Liberties: Protecting Individual Rights

Section 3: Rights of the Accused

Main Idea: In the American judicial system, any person who is accused of a crime must be presumed innocent until proven guilty. The Constitution, especially in the 5th, 6th, and 14th amendments, contains a number of provisions designed to ensure that the rights of people accused of a crime are upheld.

Habeas Corpus

Define writ of habeas corpus:

Bills of Attainder

Define bill of attainder:

Ex Post Facto Laws

Define ex post facto laws:

Grand Jury

Define grand jury:

Define indictment:

Double Jeopardy

Define double jeopardy:

Right to Adequate Defense

What four rights are given to accused persons by the 6th amendment?

What was the court’s decision in Gideon v. Wainwright? Why was this decision made?

Self Incrimination

Define the Miranda Rule:

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