Question 1

The Palko v. Connecticut (1937) ruling contains the first mention of the selective incorporation principle. What is this principle? According to the ruling in this case, which liberties should be incorporated? Is it reasonable to differentiate liberties by level of importance? Why or why not?

Accepted Answer

The answer of The Palko v. Connecticut (1937) ruling contains...

Question 2

Your textbook notes that freedom of expression has been restrained by the government "out of concern for safety, civility, and morality." Examine the ways in which freedom of expression can threaten these three issues. Provide examples of how the government has curtailed freedom of expression in the interest of these issues.

Accepted Answer

The answer of Your textbook notes that freedom of expression...

Question 3

Based on the founding ideals and principles of our political system, why is it important to protect political dissent? Provide one example of how political dissent has been outlawed in the United States. To what degree does this continue to be the case?

Accepted Answer

The answer of Based on the founding ideals and principles...

Question 4

The early twentieth century is fraught with examples of the tightening and restriction of First Amendment liberties. Provide two examples of these types of restrictions. When do we begin to see a lessening of these restrictions? Provide examples.

Accepted Answer

The answer of The early twentieth century is fraught with...

Question 5

Although fighting words are not protected by the First Amendment, they are protected when they come in the form of hate speech. What is the reasoning behind this? When hate speech turns to hate crimes, are these actions then also protected by the First Amendment? Why or why not?

Accepted Answer

The answer of Although fighting words are not protected by...

Question 6

What is the purpose of protecting the freedom of the press? How does this relate to the concept of civil liberties? Should protections for civil liberties extend to media groups and organizations, rather than just to individuals? Provide an argument for why freedom of the press is protected in the context of individual liberties.

Accepted Answer

The answer of What is the purpose of protecting the...

Question 7

What is the connection between libel and the printed media? Why is libel seen as such a problematic issue? Given that it is so problematic, why must public figures pass such a high bar to successfully sue for libel?

Accepted Answer

The answer of What is the connection between libel and...

Question 8

There are much stronger protections in place for freedom of printed media than for freedom of broadcast media. What is the reasoning behind this? Name and evaluate the purpose of the part of federal government that regulates broadcast media. Compare and contrast arguments for and against fewer protections for freedom of the press for broadcast media compared to print media.

Accepted Answer

The answer of There are much stronger protections in place...

Question 9

Various early American settlers sought to escape religious persecution. This helps to explain why the Founders were interested in ensuring freedom of religion. What is the connection between classical liberal thought concerning religion and the establishment clause? What is the connection between classical liberal thought and the free exercise clause?

Accepted Answer

The answer of Various early American settlers sought to escape...

Question 10

In the case of Employment Division (Oregon) v. Smith (1990), which related to the firing of employees for the use of a hallucinogenic substance during a religious ceremony, the Supreme Court ruled that neutral, secular laws must be upheld even if they hinder the practice of religion; however, in 2006, the Supreme Court overturned a ban on a hallucinogenic tea because the ban violated American Indians' free exercise of religion in tribal religious ceremonies. What do these two cases demonstrate concerning the protections of the First Amendment and ethnocentric views? What do the cases suggest concerning the extension of the free exercise clause for nonmainstream religions in the United States?

Accepted Answer

The answer of In the case of Employment Division (Oregon)...

Question 11

Explain the importance of the landmark Supreme Court case Employment Division (Oregon) v. Smith (1990). How did the case change the Supreme Court's evaluation of religion-neutral laws that impede the practice of religion? What are the consequences of this ruling for racial and ethnic minorities?

Accepted Answer

The answer of Explain the importance of the landmark Supreme...

Question 12

How have the war on drugs and the war on terrorism resulted in fewer civil liberties protections for racial and ethnic minorities?

Accepted Answer

The answer of How have the war on drugs and...

Question 13

What is the purpose of the exclusionary rule? How does this support the purposes of the Fourth Amendment? Examine the pros and cons of the use of the exclusionary rule in the context of civil liberties.

Accepted Answer

The answer of What is the purpose of the exclusionary...

Question 14

Discuss the arguments for and against racial profiling. Be sure to include arguments relating to constitutional liberties, equality, and effective law enforcement.

Accepted Answer

The answer of Discuss the arguments for and against racial...

Question 15

To what extent is the right to a fair trial extended to racial and ethnic minorities? Which amendment provides for this civil liberty of the right to a fair trial and why has it not always been equally provided for all people within the nation? Within your answer, be sure to include a discussion of the effects of peremptory challenges and counsel provided by the government.

Accepted Answer

The answer of To what extent is the right to...

Question 16

What accounts for differences in criminal sentencing for racial and ethnic minorities? Do these disparities exist with regard to the death penalty? What do these disparities mean in the context of protections of civil liberties? Do sentencing disparities pose a breach of Eighth Amendment rights?

Accepted Answer

The answer of What accounts for differences in criminal sentencing...

Question 17

Discuss the Ninth Amendment and the right to privacy. Include in your discussion the topics of government intrusion in individuals' decisions concerning the right to die and the right to reproductive freedom.

Accepted Answer

The answer of Discuss the Ninth Amendment and the right...

Question 18

Why are the police killings of unarmed individuals problematic in terms of the issue of civil liberties?

Accepted Answer

The answer of Why are the police killings of unarmed...

Question 19

How does racial profiling relate to the civil liberty of a right to privacy?

Accepted Answer

The answer of How does racial profiling relate to the...

Question 20

Explain some of the issues surrounding hate speech on college campuses. What can colleges prohibit? What can't they prohibit?

Accepted Answer

The answer of Explain some of the issues surrounding hate...

Quiz 4: Civil Liberties