chap 4 BOOK NOTES Flashcards
Civil rights
require gov action to help secure individual rights
Civil liberties
restrict gov action to protect individual rights
The supreme court decided, case by case, which rights applied to states govs aka
Selective incorporation
This right is never directly mentioned in constitution but implied by the 1st, 3rd, 4th, 5th, 9th amendments
Privacy
The federal gov may not establish an official religion
establishment clause
And gov may not interfere in religious practice
free exercise clause
The court forbade practice what became known as the _______ ______for judging what gov actions are permissible
lemon test
what still tries to separate church and state using the lemon test
Strict separation
Gov does not violate the establishment clause so long as it doesn’t confer an advantage on some religions over others
Accommodation
Justice Brennan introduced a 2 part test which is the
sherbert or balancing test
what are the 2 parts of the balancing test?
1st, ws the gov imposing a significant burden on her ability to exercise her Faith?
2nd, did the gov have a compelling interest for imposing the burden?
Employment division v. Smith case replaces the sherbert balancing test with a
neutrality test
Congress passed the religious freedom restoration act which required federal and state govs to use the
old sherbert balancing test
Much debate that surrounded the right to speech is about identifying the
limits of protected speech
Alien and sedition acts
criticize the gov and face prosecution
symbolic expression
demonstrated a pov with an act rather than a speech
One legal doctrine offers a limit to hate speech by restricting
fighting words
Tinker rule
the students right to free speech could be curtailed only if it materially and substantially interfere with the requirements of appropriation discipline in school
Effort to stop speech before it occurs is
prior restraint
the practice of dictators who close down newspapers or suppress stories they don’t like
censorship
The first amendment does not protect
obscenity
The Miller test says that speech is not protected by the first amendment if it has all 3 of these characteristics
If it is sexually stimulating
If it depicts sexual conduct in an offensive way
If the work lacks serious literary, artistic, political, scientific value
Written falsehoods
libel
Spoken falsehoods
slander
evidence obtained in illegal search many not be introduced in trial
exclusionary rule-
does not decide on guilt or innocence, only on whether there is enough evidence for the case to go to trial
grand jury
An individual cannot face _________ or to be tried twice for same offense
double jeopardy
So now police officers have to inform suspects they have right to remain silent aka
miranda warnings
