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86 Cards in this Set

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Incorporation
View that most of the protection of the Bill of Rights apply to the state government through the fourteenth amendment' due process
Definition of Civil Liberties
The Legal constitutional protetions one has against the government. Civil Liberties are formally set down in the constitution, bill of rights, court and legislative decisions
Def of Bill of Rights
The First 10 Amendments to the consititions; list all restrictions on the Power of the Government ; Only concerns national gov not states
Barron v. Baltimore
Supreme court rules that the bill of rights does not apply to the states
Gitlow v. New York
Background: Gitlow broke NY Law that made it a crime to advocate the overthrow of the government. Arrested and claimed first amendment (freedom of speech) was violated
Ruling: Ruled that the first amendment was a "fundamental personal right" that the state government could not violate (14th Due process also)
Incorporation Doctrine
Supreme court has in the 20th century used the due process clause of the 14th amendment to apply bill of rights to the states)
Due Process Clause
the legal concept that before a person's natural rights (Life, liberty, property) are taken away the government will protect their constitutional legal rights "Nor shall any state deprive any person of life, liberty, property without due process"
Selective Incorporation
not every bill of right has been incorporated to apply to the states. The Supreme court has incorporated the bill of rights; RIghts are incorporated only if the right is considered "Fundamental and Necessary to scheme of ordered liberty (Palk v. Connecticut)
Total Incorporation
the belief that all of the rights in the Bill of rights are "Fundamental" and Should be applied to the states. Believers in this doctrine (Justice Hugo black) believe selective incorporation gives judges too much discretion to choose rights that apply to states
Two Systems of Total Incorporation
Before the incorporation doctrince was accepted two justice systems ecisted in The U.S. with two different standards of due process.The federal system which required to use search warrents, provide attorneys, tell defendants their rights, provide trial by juries and the states which may not have done the same in all cases
The First amendment Def
The first amendment deals with the four great fereedoms that protects one freedom of expession (Religion, speech, press, assembly)
Two clauses of the freedom of religion:
Establishment clause and free exercise clause
Establishment clause:
"Congress shall make no law respecting an establishment of religion"
Wall of separation
Thomas Jefferson's interpretation of the establishment clase. He believed that an imaginary wall exists that prevents government and religion to intermingle. Government is to remain neutral
Debate over government and religions relationship
does the first amendment forbid any form of religion in government (In god we trust)
Lemon V. Kurtzman
Background: Pennsylvannia pass law allowing the state to reimburse private schools for teachers salaries, textbooks, etc. Most private school catholic
Ruling: SC ruled that the law violated the establishment clause of the 1st amendment
The Lemon Test
Test outlines in the lemon ruling to determine whether a law has violated establishment clause; 1. Governments action must have a legit. secular purpose. 2. the primary effect of the law must be neutral in regards to advancing or inhibiting religion 3. The governments action must not excessively entange the government with religion; if a government actions violated any part- test failed
Engel V. Vital
New York state adopted prayer that was recited before school day but was not forced upon students
Ruling: Prayers place was exalted in society, but in relation to man and religion the state must stay neutral
Free Exercise clause
There is to be no state interference in prohibiting peoples free exercise of religion
Belief Vs. Practice
people can believe whatever they want even if it is illegal, however when the try to practice their illegal believ the government can stop them
Reynolds V. US
Mormon practiced polygamy, against law in utah to be married to more than one- claimed to be practicing religion
Ruling: SC Ruled that the intent of the free exercise clause was to prohibit government from prohibiting religious thought; court ruled that relgious actions could be regulated if broke secular laws
Oregon v. Smith
Two Indians smoked peyote as part of religious ceremony. Fired from drug consoling positions because they smoked. Denied unemployment benefirts because they were fired because of conduct
Ruling: Oregon law didn't violate FEC. Does not prohibit person from disobeying law
Definition of Freedom of Speech, Press and Assembly
A free society depends on the free expression of thought so that the truth can be determined, and the best policies developed. To limit expression limits opposition and endangers any democratic government
Freedom of the Press- Prior Restrain
A form of government cnsorshio when the government attempts to stop the publication of a work because it disagrees with the content of the work
Near V. Minnesota
Near called local gov. officials "Jewish Gangsters" Mayor suffered two assaisination attempts and the courts issued injunction closing down paper. Near claimed it violated his 1st amend. right.
Ruling: SC Ruled the first amendment applied to the states through the 14th amenment and the actions of the minn. gov were unconstitutional (Case incorporated freedom of press to the the states)
New York Times V. US
NYT began publishing Pentagon Papers (proved Johnson Admen. did not fully disclose about vietnam) Nixon got injunction
Ruling: Government does not have the right to censor the papers due to the freedom of the press
Def. Freedom of speech and Public Order
The number one battleground between 1st amendment protection of speech and the government is the governments role in preserving public order
Schenk v. US
Socialist disagreed with involvement in WWI, passed out literature urging men to resist the draft- arrested; claimed violated freedom of speech
Ruling: Types of speech not protected especially during wartime
Clear and Present Danger Doctrine
"The question in every case is whether the words are used in such circumstandces and are of sich nature as to create a clear and present danger that they will bring about substantive evils that congress has right to prevent"- Oliver Homes
Types of Speech not protected:
obsenities, libel, slander, symbolic speech, commercial speech, hatespeech
Def. Obsenities
Supreme Court has consistently ruled that material considered obscene is not protected by the first amendment. However the debate is over what is obscene
Roth V. US
Roth convicted of breaking law by using mail to send obscene materials. Roth advertised through mail of his magazine American Aphrodite
Ruling: SC ruled that obscenities are not protected forms of speech
Roth Test
Test for determining where the material is obscene. If the Dominant theme is prurient (creates lustful response) and if an "average person with contemporary standards find material obscene
Miller V. California
Miller was convicted under cali. law that forbid mailing obscene material- Ran mail order "adult" material argued first amendment right
Ruling: Obscenities not protected
Miller Test
refined what is obscene and rebuked the roth test. Material is obscene if it: Appeals to a prurient interest in sex, the materical depicts offense sexual conduct that is illegal, the work taken as whole lacks any serious "Scientific, Literary, artistic, or politcal value
Slaps Test
Scientific, Literary, Artistic, Political
Libel
Publication of false or malicious statements that damange someone's reputation
NY Times v. Sullivan
NYT took out full page to raise money for civil rights movement in the south, ad claimed the tax evasions charges of MLK
Ruling: Printed with a total disregard fr the truth (otherwise politicians would collect damages for every critique) unless author knew truth, meant to do harm
Slander
Spoken defamation of character. Hard to prove
Tinker v. Des Moines School District
Kids wore armbands to school
Ruling: First amendment rights were violated
Commercial Speech
Advertising can be regulated
Federal Trade Commission (FTC)
Regulated kinds of goods that are advertised on broadcast media
Hate Speech
Hate speech is meant to provoke hate for a certain group of people is protected because the government cannot censor the content of speech
Freedom of Assembly
Political basis for interest groups, political parties, professional organizations and oganized protests
Restrictions of Freedom of Assembly
Government can restrict the time, place, and manner of the assembly. This allows the government to plan for the publics safety and possible disruptions
National Socialist Party Of America V. Skokie
Nazi Party wanted to march through Jewish Town. Town refused. Ruling: nazis rights were violated
4th Amendment
protects against unreasonable searches and seizures. Required on warrant: what and where
Probable Cause
Police cannot arrest someone without reason. Police must have reasonable belief that someone is guilty
Exclusionary Rule
Any evidence obtained illegally by police is excluded from being used in court to charge
Good Faith Exception
Evidence obtained without a valid warrant can be used by police if the police believed the warrant was legal
Inevitable discovery doctrine
evidence obtained without warrant can be used if police proved they would have discovered evidence anyway
Mapp V. Ohio *Incorporates Exclusionay rule of 4th amend*
Mapp suspect of bombing. Police Broke into house, gave fake warrant, and found nothing about bomb. Police found child Porn, she was arrested, pleaded 4th; Ruling: SC ruled that her 4th amend. were violated, and cannot use evidence
Fifth Amendments
Protects the accused
Miranda Rights
The court also required states to follow the FBI practice to inform rights, Right to remain silent
Miranda V. Arizona *Incorporates 5th amend right to remain silent and 6th amend to right to counsel*
Miranda was arrested for kidnapping and rape. Confessed to crime under interogation . Only evidence was confession
Ruling: No confession is admissible unless suspect has been read rights
Sixth Amendment
Outlines rights of the Defendent during the trial (speedy trial, witnesses, crime, attorney"
Gideon V. Wainwritght *Incorporated 6th Amend right to counsel*
Gideon convicted, too poor for attorney, asked for one denied
Ruled: 6th Amend. Rights were violate
8th Amendment
Protects the defendent from cruel and unusual punishment
Furman v. Georgia
Gun went off by accident while escaping robbery, sentenced to death
Ruling: Death penelty was not unconstitutional but its random application was and violated the 14th amend. right of due process and equal protection
Gregg v. Georgia
Gregg murdered two hitchhikers and sentenced to death claimed cruel and unusual
Ruling: Not Cruel and Unusual
Right to Privacy
Implied by 3rd, 4th, 5th and 14th, and 9th
Griswold v. Connecticut
griswold opened planned parenthood, offered birthcontrol which was illegal
Ruled: Right to privacy exists and expecially applied to married couples and family planning
Roe V. Wade
Roe wanted abortion in Texas
Ruled: State laws that outlaw abortion violate a woman's right to privacy and control of her reproductive
Right to Privacy Applies to pregnancy in:
first trimister
Cases Dealing with establishment clause:
Lemon v. Kurtzman, Engel v. Vitale
Cases with Free Exercise clause:
Reynolds v. US, Oregon V. Smith
Cases Dealing with Miranda Rights:
Miranda V. Arizona
Cases Dealing with Prior Restraint
Near v. Minnesota, NY Times v. US
Cases Dealing With Libel
NY Times V. Sullivan
Equal Protection Clause of 14th `
Only place where equality
Cases involving equal protection clause
Plessy V. Ferguson, Brown V. Board of Edu, Korematsu v. US, Reed v. Reed
Segregation
a policy in which the races are seperated in an effort to protect the power position of the empowered Race
De Jure Segrgation
segregation policies based on laws passed
De facto segregation
segregation based upon cicumstances
Reconstruction
After Civil War the Nation Entered a period of trying to reconstruct and reunify the nation under new order of freed slaves
Jim Crows Laws
After reconstruction the states in the south passed laws contolling the social roles of the freed slaves. South controlled free slaves by a policy knon as segregation
Cases dealing with Segregation
Plessy V. Ferguson
Plessy V. Ferguson
Plessy 7/8 white and was asked to sit in black section refused and arrested, Rulng Spereration of the Races did not imply that african americans were inferior
Seperate but equal doctrine
if public accomdations were equal but seperate that is did not violate equal protection of the 14th amendment
Dixiecrats
Southern democrats who blocked the civil rights bills
Brown V. Topeka Board of Education
Linda brown wanted to go to white school that was closer
Supreme Court Ruled: Violated 14th equal protection clause
Civil Rights act of 1964
Made racial discimation in places of public accomdations- Heart of Atlanta Hotel v. US
Civil Rights Act of 1968
Forbid Racial discrimination in the sale and rental of housing
Internment Camps
Camps Asian Americans were forced into by executive orde, during WWII, 2/3 were Natural Born American ; Korematsu v. US.
Affirmative Action
A policy designed to provide preferential treatment to members of a perviously or currently disadvantaged group of people to rectify the current problems caused by past abuses ; Bakke v. the regents of the University of California
Voting Act of 1965
Banned Tests, tremendous increase in black voting