Civil Liberties Quiz Part 1

1
Civil Liberties Quiz (Part 1)
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2
Removed an injunction against the New York Times
designed to stop publication of classified
government documents known as the Pentagon
Papers. In what is regarded as one of the most
significant prior restraint cases in history, the
Supreme Court, in a 63 decision, held that the
government had failed to demonstrate the heavy
burden of proof needed to justify prior
restraint of the press, thus freeing the
newspaper to resume publishing the politically
controversial material.
Civil Liberties Bill of Rights Gitlow v. New York
(1925) Selective Incorporation Schenck v. United
States (1919) Zelman v. Simmons-Harris
(2002) New York Times v. United States (1971)
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Extended First Amendment freedom-of-speech and
Fourteenth Amendment equal-protection provisions
to the states as well as the federal government.

Civil Liberties Bill of Rights Gitlow v. New York
(1925) Selective Incorporation Schenck v. United
States (1919) Zelman v. Simmons-Harris
(2002) New York Times v. United States (1971)
4
Protection against NATIONAL government activity
Freedoms guaranteed to the individual Madison
wrote 12, 10 passed Declares what government may
NOT do
Civil Liberties Bill of Rights Gitlow v. New York
(1925) Selective Incorporation Schenck v. United
States (1919) Zelman v. Simmons-Harris
(2002) New York Times v. United States (1971)
5
Process by which SCOTUS has made many BOR
provisions apply to states as well as federal
government. 2nd (right to bear arms), 3rd
(quartering of troops), 7th (right to jury civil
trial) and 8th (right against excessive bail) are
still NOT protected with states.
Civil Liberties Bill of Rights Gitlow v. New York
(1925) Selective Incorporation Schenck v. United
States (1919) Zelman v. Simmons-Harris
(2002) New York Times v. United States (1971)
6
To aid Ohio schools, the state legislature
stepped in and offered vouchers that would allow
students go to a private schools...96 of
students went to religious schools--taxpayers
suedDecision 1) Valid secular effect2) Effect
was neutral because the vouchers went to parents
allowing them to make the decision as to which
school their child should attend
Civil Liberties Bill of Rights Gitlow v. New York
(1925) Selective Incorporation Schenck v. United
States (1919) Zelman v. Simmons-Harris
(2002) New York Times v. United States (1971)
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Fundamental individual rights, such as freedom of
speech and religion, protected by law against
unwarranted governmental or other interference.
Civil Liberties Bill of Rights Gitlow v. New York
(1925) Selective Incorporation Schenck v. United
States (1919) Zelman v. Simmons-Harris
(2002) New York Times v. United States (1971)
8
The accused advocated avoiding the draft...was
arrested under the Espionage Act--SCOTUS said
that oppressing free speech was legal when that
speech presented a "clear and present danger."
Civil Liberties Bill of Rights Gitlow v. New York
(1925) Selective Incorporation Schenck v. United
States (1919) Zelman v. Simmons-Harris
(2002) New York Times v. United States (1971)
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Incorrect
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10
CORRECT
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11
CORRECT
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12
CORRECT
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13
CORRECT
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14
CORRECT
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15
CORRECT
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16
CORRECT
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