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30 Cards in this Set
- Front
- Back
Strict---------- wants Government to stay completely seperate from
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Separationists
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----------would allow Government and Religion to intertwine so long as one religion is not prefered over another
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Non-Preferentualists
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is the principle that the government must respect all of a person's legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty, or property.
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Due-Process
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The Fifth Amendment protects witnesses from being forced to incriminate themselves. To "plead the Fifth" or to "take the Fifth" is a refusal to answer a question because the response could form self incriminating evidence
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self incrimination
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To protect the free exercise of religion
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free exercise clause
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the power to take private property for "public use
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eminent domain. controlled by 5th amendment
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was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development.
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kelo v. new london
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free exercise clause protects our right to
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belief and practice
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In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,
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sixth amendment
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free speech from governmental censorship or coercion
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free speech clause
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In the case, the Supreme Court unanimously ruled that state courts are required by the Sixth and Fourteenth Amendments of the Constitution to provide lawyers in criminal cases for defendants unable to afford their own attorneys.
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gideon v wainwright
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This doctrine would not let laws that directly or indirectly restrict freedom of speech be applied unless the particular speech, article, or book in question presents a clear and present danger.
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clear and present danger doctrine
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prohibits excessive bail or fines, as well as cruel and unusual punishment.
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eighth amendment
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is a class of unprotected speech
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obscenity
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is not unconstitutional
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the death penalty
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United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
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The miller test
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United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty.
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Furman v georgia
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Speech, spoken face to face, that has direct tendency to provide immediate violence.
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fighting words
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Verbal assaults based on race, religion, sex or sexual orientation.
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hate speech
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writing bad about people in power
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sedition
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to protect unenumerated rights
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ninth amendment
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some of our unenumerate rights are
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1. right to vote
2. right to travel 3. right to join and form organizations 4. right to privacy |
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Printed or spoken defanation of character
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slander and libel
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speech in special places includes limiting speech in what places
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-public schools
-prisons -military facilities |
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was a landmark case in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives. By a vote of 7-2, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy".
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Griswold v conneticuit
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is a legal term for an action that expresses an opinion or idea non-verbally.
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symbolic speech
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what is an example of symbolic speech
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flag burning
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United States Supreme Court case that resulted in a landmark decision regarding abortion.[1] According to the Roe decision, most laws against abortion in the United States violated a constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment
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Roe v wade
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To protect the free press from governmental censorship or coercion
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Free press clause
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was a landmark United States Supreme Court case. In the 6-3 ruling, the justices struck down the sodomy law that had criminalized homosexual sex in Texas.
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lawrence v texas
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