Political Science Chapter 4

Front 1

the freedoms enjoyed by individuals in a democratic society

Back 1

civil liberties

Front 2

the Supreme court explicitly confirmed that the Bil of Rights applied only to the national government;

Back 2

Barron vs. Baltimore

Front 3

the notion that the Bill of Rights applies to state government as well as federal through the due process clause of the Fourteenth Amendment

Back 3

incorporation doctrine

Front 4

piecemeal approach to the incorporation doctrine; Supreme Court ruled that freedoms of speech and the press are such fundamental rights that the Fourteenth Amendment prevents states from unduly limiting these freedoms

Back 4

Gitlow vs. New York

Front 5

the Supreme Court struck down Washington, D.C.'s ban on the possession of handguns and for the first time held that the Second Amendment protects an individual's right to possess a firearm for lawful purposes such as self-defense

Back 5

District of Columbia vs. Heller

Front 6

the Supreme court ruled that the Second Amendment right of an individual to "keep and bear arms" applies to the states as well as the federal government

Back 6

McDonald vs. Chicago

Front 7

government cannot establish a religion, which means that public authorities cannot show preference for one set of religious beliefs over others, or religious beliefs in general over nonreligious beliefs

Back 7

establishment clause

Front 8

individuals are free to choose religious beliefs and practice them as they see fit, or not the practice any religion at all

Back 8

free exercise of religion

Front 9

originated in New Jersey; where state law authorized local school boards to reimburse parents for costs incurred in transporting their children to parochial schools

Back 9

Everson vs. Board of Education

Front 10

neither federal nor state government could pass any law supporting one religion or all religions, or any law preferring one religion over another

Back 10

separation of church and state

Front 11

decided that public schools could not officially sanction prayer

Back 11

Engel vs. Vitale

Front 12

the court extended this line of reasoning by prohibiting states from requiring Bible reading or recitation of the Lord's Prayer in public schools

Back 12

Abington Township bs. Schempp

Front 13

a Kentucky statute requiring the Ten Commandments be posted in every public school classroom was ruled unconstitutional

Back 13

Stone vs. Graham

Front 14

argues that the Founders wanted the words of the First Amendment to be taken literally; government cannot take any action that interferes with free expression views

Back 14

absolutist approach

Front 15

according to this doctrine First amendment rights are considered so fundamental to achieving a free society that courts have a greater obligation to protect these freedoms that other rights

Back 15

preferred freedoms doctrine

Front 16

this approach called for weighing competing values on a case-by-base basis to determine when restrictions on freedom of expression are warranted in order to protect society or the rights of individuals or groups

Back 16

balancing test

Front 17

an approach to determining if an action should be protected under the First Amendment that considers "whether the words used are used in such circumstance and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent

Back 17

clear and present danger test

Front 18

socialist convicted of violating the Espionage Act by circulating antiwar leaflets to members of the armed forces

Back 18

Schenck vs. United States

Front 19

an approach to determining if an acting should be protected under the First Amendment, which considers if the action would have a tendency to produce a negative consequence

Back 19

bad tendency rule

Front 20

the Supreme court ruled that burning the American flag was a form of expression that had constitutional protection

Back 20

Texas vs. Johnson

Front 21

one of the most famous cases of the supreme court; Brandenburg was a member of the Ku Klux Klan who was filmed by a television crew giving speeches that alluded to gaining "revengance" against blacks and Jews

Back 21

Brandenburg vs. Ohio

Front 22

replaced the old clear and present danger test and protects a broader range of speech

Back 22

imminent lawless action test

Front 23

constituted that burning a flag was wrong but a cross was okay; after Virginia law made it a felony to burn a cross for the purpose of intimidating any person or group

Back 23

Virgina vs. Black

Front 24

Supreme Court upheld Congress' right to limit some forms of political speech immediately before an election

Back 24

McConnell vs. Federal Election commission

Front 25

the Court overturned is decision in McConnell vs. Federal Election Commission, and struck down a provision of the McCain-Feingold Act that prohibited all "electioneering communications" withing 60 days of general election and 30 days of primary

Back 25

citizens unites vs. federal election commission

Front 26

articulated that obscenity was not protected speech but was instead a form of expression that could be outlawed by government

Back 26

Roth vs. US
Alberts vs. California

Front 27

making false and defaming statements about someone when spoken

Back 27

slander

Front 28

making false and defaming statements about someone when in print or other media

Back 28

libel

Front 29

the basic requirements for proving libel are:

Back 29

1. Publication
2. Identification
3. Harm

Front 30

the statements must be communicated in such a way that third parties can observe them

Back 30

publication

Front 31

the aggrieved party must be clearly specified

Back 31

identification

Front 32

the aggrieved party suffers as a result of the libel

Back 32

harm

Front 33

Connecticut could not prohibit the use of contraceptives by married couples, enumerated a right of marital privacy

Back 33

Griswold vs. Connecticut

Front 34

abortions; balancing the mother's right to privacy against the state's interest in protecting the unborn fetus

Back 34

Roe vs. Wade

Front 35

the Court ruled that the government had no right to regulate or control consensual personal relationships

Back 35

Lawrence vs. Texas

Front 36

evidence obtained through an unreasonable search and seizure cannot be used in federal trials

what case was this first found?

Back 36

exclusionary rule

Weeks vs. United States

Front 37

extended the exclusionary rule to state trials

Back 37

Mapp vs. Ohio

Front 38

ruling that illegally acquired evidence can be used in court if it would have been eventually discovered through legal means

court case?

Back 38

inevitable discovery exeption

Nix vs. Williams

Front 39

the court granted another significant exception to the exclusionary rule

court case?

Back 39

good faith exception

United States vs. Leon

Front 40

the Supreme Court ruled that the right to counsel is a fundamental part of a fair system of criminal justice, reasoning that without the assistance of counsel a trial is stacked in favor of the government

Back 40

Gideon vs. Wainwright

Front 41

most famous expansion of the Fifth Amendment; confession to the crimes of kidnapping and rape made to police officers during a two-hour interrogation

Back 41

Miranda vs. Arizona