Civil Liberties Flashcards
7 cards from real US practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Civil Liberties flashcards as text
Which Supreme Court case established that the First Amendment applies to the states through the Fourteenth Amendment?
Answer: Gitlow v. New York
Gitlow v. New York (1925) was the first case to incorporate a First Amendment right (free speech) against the states via the Due Process Clause of the Fourteenth Amendment.
The 'establishment clause' of the First Amendment is primarily designed to prevent which of the following?
Answer: Congress from passing laws respecting an official government religion
The Establishment Clause prohibits the government from making any law 'respecting an establishment of religion,' preventing an official state church.
Under the 'clear and present danger' test from Schenck v. United States, speech may be restricted when it poses what kind of threat?
Answer: An immediate and serious threat to public safety
Justice Holmes' 'clear and present danger' test allows speech restrictions only when words are used in circumstances creating an immediate danger of a serious evil.
Which amendment protects against unreasonable searches and seizures and requires probable cause for warrants?
Answer: Fourth Amendment
The Fourth Amendment protects persons, houses, papers, and effects against unreasonable searches and seizures and sets the probable cause standard for warrants.
The principle of 'incorporation' in constitutional law refers to which legal process?
Answer: Applying Bill of Rights protections to state governments via the 14th Amendment
Incorporation is the process by which the Supreme Court applies most Bill of Rights protections against state governments through the Fourteenth Amendment's Due Process Clause.
Which Supreme Court ruling held that the death penalty for crimes committed by minors (under 18) is unconstitutional?
Answer: Roper v. Simmons
Roper v. Simmons (2005) held that executing individuals for crimes committed when they were under 18 violates the Eighth Amendment's prohibition on cruel and unusual punishment.
The 'exclusionary rule' established in Mapp v. Ohio (1961) mandates that evidence obtained in violation of the Fourth Amendment must be:
Answer: Excluded from use at trial
The exclusionary rule bars prosecutors from using evidence collected in violation of the defendant's constitutional rights, as established in Mapp v. Ohio.