AP United States Government Name:
________________________
Chapter 4 Study Guide – Civil Liberties and Public Policy
Vocabulary: On index cards, define the following terms.
1. Civil liberties 10. Libel 17. Fifth Amendment
2. Bill of Rights 11. Symbolic speech 18. Self-incrimination
3. First Amendment 12. Commercial speech 19. Sixth Amendment
4. Fourteenth Amendment 13. Probable cause 20. Plea bargaining
5. Due process clause 14. Unreasonable searches 21. Eighth Amendment
6. Incorporation doctrine and seizures 22. Cruel and unusual
7. Establishment clause 15. Search warrant punishment
8. Free exercise clause 16. Exclusionary rule 23. Right to privacy
9. Prior restraint
Key Cases: On index cards, identify the importance of the following cases.
1. Barron v. Baltimore 6. Schenck v. United 11. Mapp v. Ohio
2. Gitlow v. New York States 12. Miranda v. Arizona
3. Lemon v. Kurtzman 7. Zurcher v. Stanford 13. Gideon v. Wainwright
4. Engel v. Vitale Daily 14. Roe v. Wade
5. Near v. Minnesota 8. Miller v. California 15. Planned Parenthood v.
9. New York Times v. Casey
Sullivan
10. Texas v. Johnson
Questions: Complete the following as you read chapter 4 in your textbook.
1. What was the most important difference between the Supreme Court’s decision in Barron v.
Baltimore and the one in Gitlow v. New York?
Barron ruled the Bill of Rights didn’t apply to states.
Gitlow began the incorporation of the Bill of Rights to states via the 14th Amendment.
2. Explain the importance of the Fourteenth Amendment.
Extends civil liberties to state governments.
Basis for incorporation doctrine.
Provides equal protection and due process.
3. List four Supreme Court cases concerning the establishment clause and comment on the
significance of each.
a. Engel v. Vitale – No school-sponsored prayer.
b. Lemon v. Kurtzman – Set criteria for church/state aid.
c. Wallace v. Jaffree – Struck down moment of silence intended for
prayer
d. Santa Fe ISD v. Doe – No student-led prayer at football games.
4. Compare and contrast the Supreme Court case of Employment Division v. Smith (1990) with the
Religious Freedom Restoration Act of 1993.
Smith: State could deny benefits to someone fired for using illegal drugs for religious purposes.
RFRA: Required strict scrutiny if a law burdens religious practice.
5. List and explain the significance of three Supreme Court cases concerning free speech and public
order.
a. Schenck v. U.S.
b. Brandenburg v. Ohio
c. Tinker v. Des Moines
6. What is a shield law?
Protects journalists from revealing sources
7. How did the Supreme Court define obscenity in the case of Miller v. California?
Must meet local standards, depict sexual conduct offensively, and lack serious value.
8. How are the standards for winning libel lawsuits different for public figures and private individuals?
Public figures must prove actual malice.
Private individuals have lower burden of proof.
9. Who regulates commercial speech?
Regulated by the Federal Trade Commission (FTC).
10. What is the function of the Federal Communication Commission (FCC)?
Regulates airwaves: radio, TV, internet communications.
11. Explain two facets of the freedom of assembly.
a. Right to gather
b. Right to associate with groups
12. Explain the Supreme Court ruling in District of Columbia v. Heller (2008).
Affirmed an individual’s right to possess firearms for self-defense.
13. Draw a diagram of the criminal justice system as a series of funnels.
Crime -> Arrest Prosecution Trial Verdict Sentencing
14. How are the following terms interrelated: probable cause, unreasonable searches and seizure,
search warrant, and exclusionary rule?
Probable Cause: Needed for Search Warrant.
Without it, search = Unreasonable Search & Seizure.
Exclusionary Rule: Keeps illegally obtained evidence out of court.
15. What are the three guidelines for police questioning of suspects as set forth in Miranda v. Arizona
(1966)?
a. Right to remain silent
b. Anything said can be used in court
c. Right to an attorney
16. What is the significance of the Supreme Court case of Gideon v. Wainwright (1963)?
Guaranteed right to legal counsel for the poor in criminal case
17. What are the pros and cons of plea bargaining?
Pros: Saves time/resources, reduces sentences.
Cons: May pressure innocent people to plead guilty.
18. List and explain the importance of three Supreme Court cases concerning the death penalty.
a. Furman v. Georgia – halted death pentalty temporarily
b. Gregg v. Georgia – Reinstated with new procedures
c. Atkins v. Virgins – Banned for intellectually disabled
19. Explain how the Constitution implies a right to privacy.
Not explicitly stated; implied through 1st, 3rd, 4th, 5th, 9th Amendments
20. List and explain the importance of four Supreme Court cases concerning abortion.
a. Roe v. Wade
b. Planned Parenthood v. Casey
c. Whole Woman’s Health v. Hellersteadt
d. Dobbs v. Jackson
21. In your opinion, are the rights guaranteed in the Fourth, Fifth, Sixth, Seventh, and Eighth
Amendments more beneficial to criminals or the society at large? Why?
While they protect the accused, they ensure fairness and justice—benefiting all of
society by limiting abuse of power.
22. In what ways do civil liberties limit the scope of government? In what ways do they expand the
scope of government?
Limit: Restrict government actions.
Expand: Require government to protect rights and ensure fairness