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56 Cards in this Set

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Define civil liberties
limitations on what the government can do regarding your personal freedoms
What are fundamental right?
Rights, according to the court, that the people have
Brandenburg V. Ohio (1969)
whites are suppressed and there needs to be a change
Gov't cannot prohibit speech, even if speech advocates violence unless:
1. aimed at producing imminent, lawless action
2. is likely to produce imminent, lawless action
Tinker V. DesMoines ISD (1969)
Schools cannot prohibit symbolic speech unless it causes a material and insubstantial disruption to the educational process
Bethel V. Fraser ISD (1986)
Schools can prohibit speech that is lewd or vulgar
Cohen V. California (1971)
F**** the draft jacket at court house, arrested for breech of peace, profanity without more is protected
Texas V. Johnson (1989)
flag burning qualifies as symbolic speech; flag burning is protected speech
"government may not prohibit idea simply because the idea is found offensive to society"
What is said in the first amendment about hate speech and hate crimes?
can prohibit cross burning (hate speech) if you prove the intent was to intimidate, a hate crime is one in which someone
What is a hate crime law?
A hate crime is one in which someone is hurt, harassed because of race/religion; law punishes for harass and abuse as well as punished for motivation
What is said about libel and slander?
unprotected speech; lies that harm someone's reputation; different standard for public citizen or private citizen
What is said about obscenity?
hard to define, never a consistent definition
Miller V. California (1973)
obscenity definition
1. obscene if average person applying contemporary community standards finds work appeals to an unwholesome interest in sex
2. material describes/depicts conduct prohibited by state law
3. material lacks serious literary, artistic, political or scientific value
SLAPS test
Nazi Party of America V. Skokie (1977)
freedom of assembly/association; government can place reasonable time, place and manner restrictions
NY Times V. US (1971)
"pentagon papers" showed gov lied; supreme court weigh people's right to know over national security;
-no prior restraint-censoring material before it is published
-only need to reveal sources when grand jury investigation
What is said about the establishment of religion?
government must be totally neutral when it comes to religion
Lemon V. Kurtzman (1971)
a law (in regard to religion) is constitutional if:
-secular purpose
-neither produces nor inhibits religion
-no excessive gov entanglement with religion
Engel V. Vitale (1962)
no prayer in school allowed
What is said about school vouchers?
tax payer funded to allow student to go to private school. okay because money goes from government to parent and parent decides where the student goes to school
What is said about religious displays?
"all or nothing" dilute religious message
What is said about free exercise?
a law will usually be constitutional if it is a generally applicable law
Second Amendment
Right of the people to bear arms shall not be infringed
D.C V. Heller (2008)
the second amendment is an individual right, only restriction on federal government
McDonald V. Chicago (2010)
second amendment is applicable to the states, "reasonable restrictions"
Griswold V. Connecticut (1965)
connecticut had law against contraceptives; decision to have a child is a fundamental right that cannot be infringed upon by the government
Where are the "zones of privacy" in the constitution?
1st, 3rd, 4th, 9th amendments
Roe V. Wade (1973)
right to privacy encompasses a woman's right to choose to terminate a pregnancy; any restriction on abortion must contain an exception for the life and the health of the mother
Planned Parenthood V. Casey (1992)
Issues with statute:
-24 hr waiting period
-minors must get parental consent (judicial override)
-married women must get husband's consent
supreme court decision:
-right to terminate pregnancy fundamental right to a point(vitality)
-pre-viablity, states cannot place "undue burden" on woman's access to an abortion
Gonzales V. Carrhart (2007)
D&E method: usually performed in the second trimester, rare, D&E method of abortion is outlawed unless it is to save the life of the mother; constitutional, partial birth abortion
Lawrence V. Texas (2003)
homosexuals have the right to engage in consensual sexual acts
What is said about physician-assisted suicides?
not a constitutional right, but states can allow it
What is due process?
procedures government has to go through with those accused of crimes
what does the fourth amendment say?
prohibits unreasonable search and seizure, need warrant
search-invasion of person, property
seizure-any showing of authority
Terry V. Ohio
Cops must have a reasonable suspicion that a crime has been committed or it about to be committed
When can a cop search your car?
-consent
-probable cause (cop believes a crime has been committed and person dealing with has committed that crime)
-arrested
What is said about enhancement devices?
evidence that cannot be obtained by natural senses, cannot be used
what is the open fields exception?
can fly over and observe with eyes, therefore natural senses, therefore allowed
what is the garbage exception?
no expectation of privacy because a third party comes for evidence
When is drug testing allowed?
-employees
-student: any student in extracurriculars
-knowledge: informed that being tested
what does the fifth amendment say?
right against self-incrimination:
-defendants in trial cannot be forced to testify
-no one can comment on the fact defendant refuses to testify
Miranda V. Arizona (1966)
miranda warnings-right to remain silent, right to attorney, applies only to custodial interrogation
Explain double jeopardy
-can't be tried twice for same crime
-can't be punished twice for the same crime
-exceptions:
1. case overturned on appeal
2. mistrial=jury cannot come to a decision
3. dual sovereigns exception (federal, state)
What is the 6th amendment about?
right to attorney, right to a jury trial
What is the eighth amendment about?
no cruel and unusual punishment
death penalty restrictions:
-mentally retarded
-minors (when crime committed)
-crimes that do not result in death
Kennedy V. Louisiana (2008)
if guilty of raping someone under 12, death penalty conviction; supreme court said that crimes that do not result in death, cannot receive death penalty
3 strikes law
no proportionality clause in constitution, crime doesn't have to equal punishment; death is the exception
Graham V. Florida (2010)
LWOP for juveniles is unconstitutional
define civil rights
protections from the government against discrimination
what does the 14th amendment say?
equal protection of the laws
Plessy V. Ferguson (1896)
"separate but equal" is constitutional
Sweatt V. Painter (1950)
denied admission to UT Law, unconstitutional because nothing equal to UT Law at the time for Blacks, supreme gave choice of building equal law school or admitting him
Brown V. Board of Education (1954)
in the educational setting, separate but equal doesn't apply; children are negatively affected psychologically and intellectually by the system of separate but equal, separate but equal is inherently unequal
Timeline of Civil Rights Movement
1955: Rosa Parks
1963: Birmingham
1963: "i have a dream.."
Civil rights act of 1964: equal public facilities access, no discrimination in employment
voting rights act of 1965
civil rights act of 1968: nondiscrimination in housing
Brown V. Board of Education (1954)
in the educational setting, separate but equal doesn't apply; children are negatively affected psychologically and intellectually by the system of separate but equal, separate but equal is inherently unequal
Timeline of Civil Rights Movement
1955: Rosa Parks
1963: Birmingham
1963: "i have a dream.."
Civil rights act of 1964: equal public facilities access, no discrimination in employment
voting rights act of 1965
civil rights act of 1968: nondiscrimination in housing
Brown V. Board of Education (1954)
in the educational setting, separate but equal doesn't apply; children are negatively affected psychologically and intellectually by the system of separate but equal, separate but equal is inherently unequal
Timeline of Civil Rights Movement
1955: Rosa Parks
1963: Birmingham
1963: "i have a dream.."
Civil rights act of 1964: equal public facilities access, no discrimination in employment
voting rights act of 1965
civil rights act of 1968: nondiscrimination in housing