U.S. History & Govt. Honors

The McGehee School, 2007 – 2008

L.D.5

Chapter Five: Civil Liberties

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Guiding Questions

  • What are civil liberties?

  • What role does the Supreme Court play in protecting these liberties at the federal and state level?
  • Why is the 14th Amendment important in the context of civil liberties?

  • How does the Supreme Court balance individual’s rights and society’s rights?
  • How free is free speech?

  • What about speech that offends or scares people—is this speech protected by the First Amendment?
  • Should the press ever be restrained? If so, under what conditions?

  • How does the Supreme Court decide cases involving religion?
  • Should prayer in school be allowed? What if this is what the majority wants?

  • What issues arise frequently regarding the 4th Amendment?
  • What is the exclusionary rule? Is it essential to the protection of individual liberties or does it interfere with the ability of the police to do their jobs?

  • Has the Court placed too many restrictions on capital punishment? Explain!
  • Where in the Constitution do you find the right to privacy? How did the Court derive the right to privacy?

  • Has the Court extended the right to privacy too far?
  • Have judges gone too far in protecting civil liberties in our nation?

Note-Taking Guidelines


Terms

  • Civil liberties
  • Bill of Rights
  • 14th Amendment
  • Incorporation
  • First Amendment Rights
  • Preferred Freedoms
  • Clear and Present Danger Test
  • Political Speech (speech plus)
  • Symbolic Speech
  • Reasonable time, place, and manner restrictions
  • Fighting words doctrine
  • Prior restraint
  • Press shield laws
  • Contempt of court
  • Obscenity
  • Establishment Clause
  • Free Exercise Clause
  • Separationist
  • Accomodationist
  • Lemon Test
  • Compelling government Interest
  • Strict scrutiny
  • Second Amendment
  • Fourth Amendment
  • Search and seizure
  • Warrants
  • Exclusionary rule
  • Fifth Amendment
  • Double jeopardy
  • Compelled self incrimination
  • Sixth Amendment
  • Confrontation
  • Compulsory Process
  • Speedy and public trial
  • Trial by jury
  • Bench trials
  • Clarence Earl Gideon
  • Eighth Amendment
  • Capital punishment
  • Bifurcated proceedings
  • Right to privacy

Required Cases

  • Barron v. Baltimore (1833)
  • Gitlow v. New York (1925)
  • Near v. Minnesota (1931)
  • Schenck v. United States (1919)
  • Bradenburg v. Ohio (1969)
  • Tinker v. Des Moines (1969)
  • Texas v. Johnson (1989)
  • New York Times v. United States
  • Miller v. California (1973)
  • Engel v. Vitale (1962)
  • Abbington School District v. Schempp (1963)
  • Lemon v. Kurtzman (1971)
  • Grand Rapids v. Ball (1985)
  • Lee v. Weisman (1992)
  • Edwards v. Aguillard (1987)
  • West Virginia v. Barnette (1943)
  • Santa Fe Independent School District v. Doe (2000)
  • Mapp v. Ohio (1961)—if you did the 4th Amendment
  • Terry v. Ohio (1968)
  • Miranda v. Arizona (1966)
  • Gideon v. Wainwright (1963)
  • Trop v. Dulles (1958) If you did the 8th Amendment
  • Furman v. Georgia (1972)
  • Gregg v. Georgia (1976)
  • Atkins v. Virginia (2002)
  • Roper v. Simmons (2005)
  • McCleskey v. Kemp (1987)
  • Griswold v. Connecticut 1965
  • Roe v. Wade (1973) –if you did the 14th Amendment
  • Pennsylvania Planned Parenthood v. Casey (1992)
  • Lawrence v. Texas (2003)

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