Assignment9 Flashcards
DC v Heller
court case civil liberties
selectively incorp 2nd am
gun rights
civil liberties
personal guarantee and a freedom that the govt cannot abridge by law
rights, freedoms that cannot be taken by law
protection FROM govt
more associated with the Bill of Rights
due process
substantive due process
you have the right not to be arbitrarily dealt with
selective incorporation
rights in the bill of rights apply to the state govts in a selective process
Gitlow v New York
court case civil liberties
1925 gitlow v. new york
free speech rights were being infringed upon by the state of new york
supreme court ruled that the 14th amendment denied states from taking away fundamental rights- in this case, free speech
incorporates the first amendment, but only part of it
there has to be a precedent first, so broad changes can’t be made, it has to be one case at a time
Palko v Connecticut
court case civil liberties
limiting selective incorp
establishment clause
prevents govt from establishing a state religion
Engel v Vitale
civil liberties court case
1962 engel v. vitale
school sponsored prayer was a violation of the first amendment
conservatives refer to this as the case where the nation went off track
Abington School Dist. v Schempp
civil liberties court case
?
“wall of separation”
establishment clause
no state church
Lemon v Kurtzman
civil liberties court case
supreme court case
lemon test
1971- lemon v. kurtzman
a practice or policy is constitutional if
1)it has a legitimate secular purpose
2)neither advances nor inhibits religion
3)does not foster excessive government entanglement with religion
free exercise clause
you have the freedom to practice your religion free from govt interference
Religious Freedom Restoration Act
2000- religious freedom restoration act
allowed peyote use in native american religions and it had to be on the reservation and you have to be native american
prior restraint
1971 new york times v. the united states
pentagon papers- leak of classified information
the government cannot suppress the press before it is published
“clear and present danger”
if your speech has the direct potential to endanger someone, that free speech wouldn’t be covered by the constitution
you can’t yell “fire” in a crowded theater
symbolic speech
speech that doesn’t involve words
art, armbands, etc
New York Times v US
prior restraint, pentagon papers,
you can’t suppress press BEFORE they even release stuff
libel and slander
prohibits people from printing or speaking blatantly false things
we’ve made it so it’s hard to prove
New York Times v Sullivan
civil liberties court case
you can’t
established libel and slander
“fighting words”
limitations to speech