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56 Cards in this Set
- Front
- Back
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Define civil liberties
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limitations on what the government can do regarding your personal freedoms
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What are fundamental right?
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Rights, according to the court, that the people have
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Brandenburg V. Ohio (1969)
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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 |
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Tinker V. DesMoines ISD (1969)
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Schools cannot prohibit symbolic speech unless it causes a material and insubstantial disruption to the educational process
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Bethel V. Fraser ISD (1986)
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Schools can prohibit speech that is lewd or vulgar
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Cohen V. California (1971)
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F**** the draft jacket at court house, arrested for breech of peace, profanity without more is protected
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Texas V. Johnson (1989)
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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" |
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What is said in the first amendment about hate speech and hate crimes?
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can prohibit cross burning (hate speech) if you prove the intent was to intimidate, a hate crime is one in which someone
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What is a hate crime law?
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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
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What is said about libel and slander?
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unprotected speech; lies that harm someone's reputation; different standard for public citizen or private citizen
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What is said about obscenity?
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hard to define, never a consistent definition
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Miller V. California (1973)
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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 |
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Nazi Party of America V. Skokie (1977)
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freedom of assembly/association; government can place reasonable time, place and manner restrictions
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NY Times V. US (1971)
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"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 |
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What is said about the establishment of religion?
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government must be totally neutral when it comes to religion
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Lemon V. Kurtzman (1971)
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a law (in regard to religion) is constitutional if:
-secular purpose -neither produces nor inhibits religion -no excessive gov entanglement with religion |
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Engel V. Vitale (1962)
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no prayer in school allowed
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What is said about school vouchers?
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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
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What is said about religious displays?
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"all or nothing" dilute religious message
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What is said about free exercise?
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a law will usually be constitutional if it is a generally applicable law
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Second Amendment
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Right of the people to bear arms shall not be infringed
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D.C V. Heller (2008)
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the second amendment is an individual right, only restriction on federal government
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McDonald V. Chicago (2010)
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second amendment is applicable to the states, "reasonable restrictions"
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Griswold V. Connecticut (1965)
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connecticut had law against contraceptives; decision to have a child is a fundamental right that cannot be infringed upon by the government
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Where are the "zones of privacy" in the constitution?
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1st, 3rd, 4th, 9th amendments
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Roe V. Wade (1973)
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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
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Planned Parenthood V. Casey (1992)
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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 |
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Gonzales V. Carrhart (2007)
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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
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Lawrence V. Texas (2003)
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homosexuals have the right to engage in consensual sexual acts
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What is said about physician-assisted suicides?
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not a constitutional right, but states can allow it
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What is due process?
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procedures government has to go through with those accused of crimes
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what does the fourth amendment say?
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prohibits unreasonable search and seizure, need warrant
search-invasion of person, property seizure-any showing of authority |
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Terry V. Ohio
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Cops must have a reasonable suspicion that a crime has been committed or it about to be committed
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When can a cop search your car?
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-consent
-probable cause (cop believes a crime has been committed and person dealing with has committed that crime) -arrested |
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What is said about enhancement devices?
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evidence that cannot be obtained by natural senses, cannot be used
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what is the open fields exception?
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can fly over and observe with eyes, therefore natural senses, therefore allowed
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what is the garbage exception?
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no expectation of privacy because a third party comes for evidence
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When is drug testing allowed?
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-employees
-student: any student in extracurriculars -knowledge: informed that being tested |
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what does the fifth amendment say?
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right against self-incrimination:
-defendants in trial cannot be forced to testify -no one can comment on the fact defendant refuses to testify |
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Miranda V. Arizona (1966)
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miranda warnings-right to remain silent, right to attorney, applies only to custodial interrogation
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Explain double jeopardy
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-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) |
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What is the 6th amendment about?
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right to attorney, right to a jury trial
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What is the eighth amendment about?
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no cruel and unusual punishment
death penalty restrictions: -mentally retarded -minors (when crime committed) -crimes that do not result in death |
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Kennedy V. Louisiana (2008)
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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
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3 strikes law
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no proportionality clause in constitution, crime doesn't have to equal punishment; death is the exception
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Graham V. Florida (2010)
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LWOP for juveniles is unconstitutional
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define civil rights
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protections from the government against discrimination
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what does the 14th amendment say?
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equal protection of the laws
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Plessy V. Ferguson (1896)
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"separate but equal" is constitutional
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Sweatt V. Painter (1950)
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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
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Brown V. Board of Education (1954)
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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
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Timeline of Civil Rights Movement
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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 |
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Brown V. Board of Education (1954)
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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
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Timeline of Civil Rights Movement
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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 |
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Brown V. Board of Education (1954)
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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
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Timeline of Civil Rights Movement
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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 |
