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51 Cards in this Set

  • Front
  • Back
What are civil liberties?
Individual legal and constitutional protections against the government.
What does Barron v. Baltimore say?
The Bill of Rights restrained only the national government not the state or local governments.
What does Gitlow v. New York say?
The Bill of Rights restrained the national, state and local governments.
What is the fourteenth amendment?
Everyone has equal protection under the law.
What is the incorporation doctrine?
The concept of the Bill of Rights being applicable to the states and the federal government.
What is the establishment clause?
Congress can't make any law that establishes a religion.
What is the free exercise clause?
Everyone can practice any religion they wish without government controlling it.
What did Lemon v. Kurtzman say about church-related schools?
1) They must have a secular purpose.
2) They must neither advance or inhibit a religion.
3) They must not allow an excessive government entanglement with religion.
What did Zelman v. Simmons-Harris say?
A state must provide needy families with vouchers that can be used to pay for tuition and religious schools.
What did Engel v. Vitale say?
No prayer in public schools is allowed.
What did Pennslyvania v. Schempp say?
A law requiring Bible reading in schools in unconstitutional. `
What is the relationship between religion and American politics?
There have been more debates about religion.
What is freedom of expression?
The right to say, publish or think what they think.
What is prior restraint?
A government preventing material from being published.
What did Near v. Minnesota say?
Newspapers are protected from prior restraint.
What does Schenck v. United States say?
Government can limit speech if it evokes a clear danger (i.e. yelling "Fire" in a crowded theater)
What did Zurcher v. Stanford Daily say?
A search warrant can be applied to a newspaper without it violating the first amendment.
What does Roth v. United States say?
Obscenity is not protected by free speech or press.
What is considered obscene?
1) The work appeals to a interest in sex.
2) The work shows offensive sexual conduct.
3) The work lacks literary, artistic, political or scientific value.
What is libel?
The publication of false statements that damage someone's reputation.
Is it protected by the 1st amendment?
No.
What is slander?
Spoken libel.
What did NY Times v. Sullivan say?
Statements about public figures are only libel if they are made with malice and disregard for the truth.
Is it easier for private people to win libel cases rather than public figures?
Yes.
What did Texas v. Johnson say?
Symbolic speech is protected by the 1st amendment.
What is symbolic speech?
Non-verbal communication.
What is commercial speech?
Communication such as advertising.
Who restricts commercial speech?
The Federal Trade Commission (FTC).
What did Miami Herald v. Tornillo say?
A state could not force newspapers to publish replies from candidates it had criticized.
What did Red Lion v. FCC say?
It upheld the laws on radio and television broadcasting.
What are the requirements for the right to assemble?
Groups must apply to the city for a permit and pay a bond on it.
What does NAACP v. Alabama say?
A state can not require a membership list of a group.
What is probable cause?
Police have a reason to believe that a person should be arrested.
What constitutes an unreasonable search and seizure?
A search without a warrant or probable cause.
What is a search warrant?
A written authorization from a court that specifies the area to be searched and what the police are searching for.
What is the exclusionary rule?
Evidence can not be used if it was obtained without a warrant.
What did Mapp v. Ohio say?
The 4th amendment must be extended to states.
What is self-incrimination?
A person accused of a crime is compelled to be a witness against him or her self.
Is it legal?
No it is against the 5th amendment.
What did Miranda v. Arizona say?
Suspects must be told of their [miranda] rights.
What did Gideon v. Wainwright say?
Anyone that is accused of a crime is entitled to a lawyer even if they can not afford one.
What is plea bargaining?
The defendant pleads guilty to another, lesser crime in order to avoid more serious punishment.
What is the problem with the 8th amendment?
It does not define what cruel and unusual punishment is.
What does Gregg v. Georgia say?
Upheld the consitutionality of the death penalty.
What does McCleskey v. Kemp say?
The death penalty is unconstitutional because minorities are more likely to get it.
Is the right to privacy ever mentioned in the Constitution?
No.
What is the largest controversy over the right to privacy?
Abortion (Roe v. Wade)
What does Roe v. Wade say?
A state can not ban all abortions.
What did Planned Parenthood v. Casey say?
Changed standard from strict scrutiny to undue burden.
What is the problem with majority rule?
It can interfere with civil liberties.
What limits the government?
Civil liberties.