Pols Ch4

Front 1

Civil Liberties

Back 1

Those personal freedoms that are protected fo all individuals. Civil liberties typically involve restraining the governement's actions against individuals.

Front 2

Incorportion Theory

Back 2

the view that most of the protections of the Bill of Rights apply to the states through the 14th Amm's due process clause.

Front 3

Establishment Clause

Back 3

-The part of the 1st Amm prohibiting the est. of a church officially supported by the national govt.
-Applied to questions of state and local govt aid to religious organizations/schools, school prayers, evolution vs. intelligent design.

Front 4

Free Exercise Clause

Back 4

The provision of the 1st Amm guaranteeing the free exercise of religion.

Front 5

Prior Restraint

Back 5

Restraining an action before the activity has actually occured. When expression is involved, this is censorship.

Front 6

Symbolic Speech

Back 6

Non-verbal expression of beliefs, which is given substansial protection by the courts.

Front 7

Commercial Speech

Back 7

Advertising statements, which increasingly have been given 1st Amm protection.

Front 8

Clear & Present Danger

Back 8

-Justice Oliver Wendell Homes
-Test for determining why govt may restrict free speech
-Restrictions only permissible when speech creates a clear & present danger to the public order.

Front 9

Defamation of Character

Back 9

Wrongfully hurting a person's good reputation.
Law imposes general duty on all persons to refrain from making false, defamatory statements about others.

Front 10

Slander

Back 10

-The public uttering of a false statement that harms the good reputation of another.
-Statement must be made to or within the hearing of a person other than the defamed party.

Front 11

Libel

Back 11

A written defamtation of a person's character, reputation, business, or property rights.

Front 12

Actual Malice

Back 12

Either knowledge of a defamatory statement's falsity or a reckless disregard for the truth.

Front 13

Public Figure

Back 13

A public official, movie star, or other person known to the public because of his or her position or activities.

Front 14

Gag Order

Back 14

An order issued by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused's right to a fair trial.

Front 15

Writ of Habeas Corpus

Back 15

-literally means "you have the body"
-requires jailers to bring the prisoner before a court or judge and explain why the person is being held.

Front 16

Arraignment

Back 16

The first act in a criminal proceeding, in which the defendant is brought before a court to hear the charges against him or her and enter a plea of guilty or not guilty

Front 17

Exclusionary Rule

Back 17

A policy forbidding the admission at trial of illegally seized evidence.

Front 18

Planned Parenthood vs Casey (1992)

Back 18

-Court upheld Penn law requiring preabortion counseling, 24-hr waiting period, and parental or judicial permission for girls under 18.
-Abortions more difficult to get in some states than others as a result.

Front 19

Miller vs California (1973)

Back 19

-Court ruled obscene materials are not proctected by the 1st Amm
-est. Trier Act to define obscenity
1)depicts/describes sexual conduct
2)work lacks literary, artistic, political, or scientific value.
3)does not appeal to the average person in the community.`

Front 20

Schneck vs US (1919)

Back 20

-Schneck mailed draftees lit. opposing draft and was charged with conspiracy to commit espionage (voilated Espionage Act)
-Court ruled Schneck is not protected.
-Est. clear and present danger test

Front 21

Gitlow vs New York (1925)

Back 21

-14th Amm protected freedom of speech granted by 1st Amm
-Ruled that state could not infringe on freedom of speech as long as nothing happened
-A state may forbid both speech & publication ONLY if they have a tendency to result in action dangerous to public security
-introduced dangerous tendency test (bad tendency rule)

Front 22

Barron vs. Baltimore (1833)

Back 22

-Court ruled that Bill of Right did not apply to state laws
-Bill of Rights not applied to states until 14th Amm ratified in 1868.

Front 23

Engel vs Vitale (1962)

Back 23

-School Prayer
-Court ruled school prayer was unconstitutional - voilates establishment clause

Front 24

Lemon vs Kurtzman (1971)

Back 24

-Court ruled direct aid could not be used to subsidize religious instruction.
Ch.Just. Berger est 3 point test:
1)must have secular purpose
2)can neither advance/impede religion
3)avoid excessive govt entanglement w. religion

Front 25

Oregon vs Smith (1990)

Back 25

-Court ruled Oregon could deny unemployment benefits to two drug counselors fired for using peyote (NatAm)
-Ruling overturned by Religious Freedom Restoration Act in 1993

Front 26

NY Times vs Sullivan (1964)

Back 26

-Sullivan sued NYT for libel....
-Court ruled in Sullivan's favor. He did not have to prove harm as article contained facutal errors.

Front 27

Roe vs Wade (1973)

Back 27

-Court upheld woman's right to abortion fell within privacy act.
-Decision gave women total autonomy over pregnacy.
-est. that 1st trimester between woman/doctor; second state could specify under what conditions; during 3rd states can outlaw or regulate except when necessary to prtect life of mother.

Front 28

Griswold vs. Conneticut (1965)

Back 28

-right to privacy
-There is no explicit Constitutional right to privacy, but rather the right to privacy is an interpretation by the Supreme Court. The basis for this right comes from the First, Third, Fourth, Fifth, and Ninth Amendments