Exam 4: Civil Liberties and Public Policy

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.

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.

In cases of abortion,a woman's right to an abortion has run into conflict with pro-life demonstrators' rights to assemble and protest.

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.

The principle that statements about public figures are libelous only if made with malice and reckless disregard for the truth was established in

The Supreme Court decision in Gideon v.Wainwright (1963)extended the right to counsel to persons accused of felonies in state courts.

Cruel and unusual punishment is forbidden by the

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?

The Supreme Court decision in Barron v.Baltimore (1833)maintained that the Bill of Rights intended to prevent

The "wall of separation" suggested by the First Amendment refers to the division of power between the national and state governments.

The Bill of Rights was written and proposed by

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?

In what ways might the further expansion of individual liberties require an expansion-rather than a limitation-of the scope of government?

Explain the free exercise clause and the establishment clause.Provide an example in which the rights protected by each clause may conflict.

Reasonable limits on freedom of assembly are referred to as time,place,and manner restrictions.

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

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.

The Freedom of Access to Clinic Entrances Act makes it a federal crime to intimidate abortion providers or women seeking abortions.

The legal concept through which the Supreme Court has nationalized the Bill of Rights is called the

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?