CH 4 Civil liberties Flashcards
freedom and protection against arbitrary governmental actions given to the people in a democratic society.
civil liberties
1833 supreme court case that explicitly confirmed Bill of Rights applied only to national government.
Barron v Baltimore
Idea that specific protections provided in U.S Bill of Rights are binding on states through “due process” clause of Fourteenth Amendment.
Incorporation doctrine
2008 case in which supreme court struck down Washington DC ban on possession of hand guns for first time held that the second amendment protect an individual’s right to possess a firearm for lawful purposes such as self defense
District of Columbia V Heller
2010 case which Supreme court ruled that Second Amendment right of an individual to “keep and bear arms” applies to states as well as federal government
McDonald V. Chicago
clause in First amendment of constitution that states that government cannot establish religion
establishment clause
First Amendment guarantee that individual are free to choose religious beliefs and practice them as they see fit.
free exercise of religion
1947 case which Court for the first time directly articulated the principle of separation of church and state. Concluding that transportation expenditures to parochial schools did not support any religious activity but assisted families were allowed
Everson V. Board of Education
Idea that neither national nor state government may pass laws that support one religion or all religions
separation of church and state
view of First Amendment states that founders wanted to be interpreted literally so that Congress should make “no laws” about the expression of views.
absolutist approach
idea that rights provided in the First amendment are fundamental and as such the courts have greater obligation to protect those rights than others
preferred freedoms of doctrine
view of freedom of expression that states the obligation to protect rights must be balanced with impact on society of the action in question
balancing test
approach to determining whether an action should be protected under first amendment that considers
clear and present danger test
1919 case that articulated the “clear and present danger” test
Schenck v. United States
approach to determine whether an action should be protected under first amendment that considers whether the action would have a tendency to produce negative consequences
bad tendency rule
1989 case in which supreme court ruled that burning american flag was a form of expression that had constitutional protection
Texas v. Johnson
1969 case that upheld KKK members rights to controversial speech which supported lawbreaking in the abstract becase it contained no incitement to commit an imminent crime
brandenburg v ohio
contains no incitement to commit crimedecided in brandenburg v ohio speech is protected if it contains
imminent lawless action test
2010 supreme courtholding provision of the McCain-feingold act prohibiting corporation and unions from broadcast
citizens united v federal election commission
to make false or defamatory oral statements about someone
slander
to make false or defaming statement about someone in print or media
libel
individual’s right to free of government interference without due cause or due process
right to privacy
1973 case which court reaffirmed right of privacy enumerated in Griswold balancing mothers right to privacy against states interest in protecting an unborn fetus.
roe v wade
