Civil Liberties

Reading Objective: Chapter four Civil Liberties and Policy

Objective 1: Understand the constitutional basis of civil liberties and the Supreme Court's role in defining them.

1. Define the term "civil liberties."

The legal constitutional protections against government.

2. What was the most important difference between the Supreme Court's decision in Barron v. Baltimore and Gitlow v. New York?

3. Explain the importance of the Fourteenth Amendment.

4. What is the incorporation doctrine?

Objective 2: Discuss the religious liberties guaranteed in the First Amendment.

1. List four Supreme Court cases concerning the establishment clause and comment on the significance of each.

1.
2.
3.
4.

2. Compare and contrast
the Supreme Court case of Employment Division v. Smith (1990) with the Religious Freedom Restoration Act of 1993.

Objective 3: Explain the nature of and the issues involving freedom of expression, freedom of assembly, and the right to bear arms in America.

1. Define the term "prior restraint."

2. List and explain the significance of three Supreme Court cases concerning free speech and public order.

1.
2.
3.

3. What is a shield law?

4. How did the Supreme Court define obscenity in the case of Miller v. California?

5. How are the standards for winning libel lawsuits different for public figures and private individuals?

6. Define the term "symbolic speech."

7. Who regulates commercial speech?

8. What is the function of the Federal Communications Commission (FCC)?

9. Explain the two facets of the freedom of assembly.

1.
2.

10. Explain the Supreme Court ruling in District of Columbia v. Heller (2008).

Objective 4: Identify the rights of individuals accused of crimes.

1. Draw a diagram of the criminal justice system as a series of funnels.

2. How are the following terms interrelated: probable cause, unreasonable search and seizure, search warrant, and exclusionary rule?

3. What are the three guidelines for police questioning of suspects as set forth in
Miranda v. Arizona (1966)?

1.
2.
3.

4. What is the significance of the Supreme Court case of Gideon v. Wainwright
(1963)?

5. What are the pros and cons of plea bargaining?

6. List and explain the importance of three Supreme Court cases concerning the death penalty.

1.
2.
3.

Objective 5: Evaluate and discuss the issue of the right to
privacy.

1. Explain how the Constitution implies a right to privacy.

2. List and explain the importance of four Supreme Court cases concerning abortion.

1.
2.
3.
4.

Objective 6: Understand the impact of civil liberties on democracy and the scope of government.

1. In your opinion are the rights guaranteed in the Fourth, Fifth, Sixth, Seventh, and Eighth Amendments more beneficial to criminals or to society at large?

2. In what ways do civil liberties limit the scope of government? In what ways do they expand the scope of government?