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24 Cards in this Set
- Front
- Back
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Civil Liberties
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Basic political Freedoms. Protection against Gov. intrusion
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Constitution
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Empowers gov. to act in public interest
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Bill of Rights
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Details liberties individuals have. When there is conflict between individuals and feds SCOTUS decides
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Standards/ Tests
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Weigh gov. powers against individual liberties, balances state power against personal rights
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Selective Incorporation
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Bill of Rights applies to state laws. Due Process: Refers to substance: Kinds of laws passed. Not just to Procedure: How laws passed and enforced (Substantive Due Process)
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Freedom of Speech
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Speech Rights not absolute, SCOTUS must draw lines
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Schenck V. United States
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To regulate freedom of speech has to create a clear and present danger to citizens. Speech subject to context of situation
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Kovacs V. Cooper
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Created the Time, place, amnner, test. Regulations must be content neutral. Provide alternative means of exercising speech
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Texas V. Johnson
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Flag burning legal. Could not prevent one side and then allow another. Context matters: Buring crosses. Content/viewpoint neutral
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Speech Less Protected
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Fighting words, slander, commercial speech, obscenity
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Roth V. United States
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Community standards, shifted the judgement of obscenity for the Supreme Court
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Miller V. California
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Shifted obscenity issue bac to local communities
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Fighting Words
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Words htat incite immediat breech of the peace
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Lemon V. Kurtzman
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Secular legislative purpose
Primary effect neither advances or inhibits religion No excessive government entanglement with religion |
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Board of Education V. Grumet
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Created neutrality standard
School Prayer consistently maintain separation of church and state |
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Free Exercise Clause
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Government cannot band explicitly religious acts. Can ban acts not explicitly religious (Drug use)
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Freedom of the Press: Prior Restraint
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The Pentagon Papers: tried to prevent written records of speech prior to being published
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Rights of the Accused
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4th Amendment: Exclusionary Rule
5th Amendment: Miranda rights 6th Amendment: Right to counsel (Gideon V. Wainwright) |
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Privacy Rights
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Penumbras: Taken together: point to general concept of privacy.
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Griswold V. Connecticut
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Contraceptives
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Roe V. Wade
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Trimester Standard
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Casey Decision
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Undue Burden: Requires health of mother exemption
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Bowers V. Hardwick
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Constitution doesnt protect sodomy
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Lawrence V. Texas
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Overturned ban of Sodomy. Target specifically at homosexuals
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