Constitutional Law & Civil Rights Flashcards

The First Amendment's speech protections apply to state and local governments through which constitutional provision?

Answer: The Fourteenth Amendment's Due Process Clause

Incorporation through the Fourteenth Amendment applies the First Amendment to the states.

In New York Times Co. v. United States (Pentagon Papers), the Court's ruling reflected which principle?

Answer: Prior restraints carry a heavy presumption of unconstitutionality that the government failed to overcome

The Court refused to enjoin publication because the government did not meet its heavy burden to justify a prior restraint.

In Snepp v. United States, the Supreme Court upheld what against a former CIA employee?

Answer: Enforcement of a prepublication review agreement through a constructive trust on book profits

Snepp enforced the employee's secrecy and prepublication review obligation by imposing a constructive trust on profits.

Miranda warnings must be given before:

Answer: Custodial interrogation by law enforcement

Miranda protects the Fifth Amendment privilege during custodial interrogation by government agents.

Per Department of the Navy v. Egan, a security clearance is:

Answer: A discretionary determination committed to the Executive Branch, with no right to a clearance

Egan held that no one has a right to a security clearance and that the Executive has broad discretion over access to classified information.

The Sixth Amendment guarantees which of the following in criminal prosecutions?

Answer: The right to counsel, speedy public trial, and to confront witnesses

The Sixth Amendment secures counsel, a speedy and public trial, an impartial jury, and confrontation of witnesses.

The Fifth Amendment's Due Process Clause restrains which level of government?

Answer: The federal government

The Fifth Amendment binds the federal government, while the Fourteenth applies due process to the states.