Ch 4 Flashcards
WHAT IS BILL OF ATTAINDER?
A law that declares a person guilty without a trial
WHAT IS HABEAS CORPUS
Prohibits government from depriving a person of liberty without an open trial before a judge, a court order demanding an individual in custody be brought into court and shown the cause for detention.
What is the bill of rights?
The bill of rights is the first 10 amendments of the US constitution, they ensure right sand liberties to the people.
What are civil liberties?
Areas of personal freedom in which the government is constrained from interfering.
Does the bill of rights limit national government as well as the state governments?
The Supreme Court ruled that the bill of rights only pot limits on the national government NOT state governments.
Palko vs Connecticut
Case had to do we the framework of e constitution and how states power was determined on their own laws on a number of fundamental issues.
Established selective incorporation
Establishment clause?
Congress shall make no law establishment of religion (1st clause)
- the government cannot establish an official church
- May not take side among competing religions but may still provide assistance to religious institutions or ideas as long as it shows no favoritism
- wall of separation between church and state cannot be breached by government.
Free exercise clause?
Congress shall make no law Prohibiting the free exercise thereof (2nd clause)
-protects the right to believe and to practice whatever religion one chooses it also protects the right to be a nonbeliever
Lemons vs kurtzman
Established 3 rules in future religious cases (lemon test) aid to religious schools would be constitutional if:
- it had a secular purpose
- it’s effect was neither to advance not to inhibit religion
- It did not entangle government and religious institutions in each other’s affairs
Clear and present danger is when?
Clear and present danger is when the governments effusive to protect the speech rights due to their threat to national security
-1st and most famous test for government intervention or censorship
The bipartisan campaign reform act (BCRA)?
The act prohibited political advocacy groups from running ads that mentioned a candidate within 30 days of a primary election and 60 days of a general election.
-this was justified because the government wanted to prevent wealthy special interests from influencing elections outcomes with last minute campaign ads
What’s is the public forum doctrine?
The public forum doctrine are closely related to freedom of speech and freedom of assembly.
What’s is a symbolic act?
The purpose of a symbolic act is to not only send a political message but also to draw a crowd by doing something spectacular in rose to strengthen the message by attracting speculators.
What’s is speech plus?
Speech accompanied by conduct such as sit ins, picketing, and demonstrations. This is acceptable by the government as long as properly balanced by considerations of public order.
- assembly on private property is different and can be regulated
- assemblies in public areas can be restricted if it jeopardizes health, safety and rights of others.
Freedom of speech implies what?
Freedoms of speech implies as well freedom of press except when it comes to media broadcast which is subject to federal regulation.
What is prior restraint?
An effort by a governmental agency to block the publication of material it deems libelous or harmful in some way (censorship)
-in the u.s. The courts forbid prior restraint except under the most extraordinary circumstances.
What’s is libel?
Libel is a statement made in reckless disregard to the truth and can be considered damaging to the victim because it is malicious, scandalous, or defamatory.
What is slander?
Slander is the same thing as libel except when an oral statement is made.
What is obscenity?
Obscenity is defined as speech or writing that appeals to the prurient interest that is books, magazines, films, and other material whose purpose is to excite lust.
What’s is considered pornography?
Porn is deemed indecent by he average person according to community standards, depicts sexual conduct in patently offensive way and lacks serious literary, artistic,mop logical, or scientific value.
-Determined by local not national standards
What’s is the communications decency act (CDA)?
Designed to regulate online transmission of data of obscene material.
-congress tried limiting children access to internet porn through children internet protection act which required public libraries to install anti porn filters in all library computers with internet access.
What’s are fighting words?
Fighting words is when expressive speech moves from symbolic realm to the realm of actual conduct to direct incitement of damaging conduct.
-insulting a police officer.
What is commercial speech?
Newspaper or tv ads do not have full 1st amendment protections because it cannot be considered political speech.
What was MILITIA?
Militia was understood at the time of the founding to be military or police resource for state governments and militias were specifically distinguished from armies and troops which came within the sole constitutional jurisdiction of guess.
-the right of the people to keep and bear arms is based on and associated with the participation in state militias .
