Chapter 10 Flashcards
civil rights
the equal status and treatment in the eyes of the government and to participate equally in the government
civil liberties
the basic freedoms to think and to act that all people possess, and the government must protect (social contract theory)
due process of the law
following established and complete legal procedures
Engel v. Vitale
the court used the establishment clause to eliminate religious activity of al sorts; which had originally been part of public ceremonies
Lemon v. Kurtzman
give public funds, to religious public schools
slander
a spoken defamatory statement
libel
defamation in print
treason
making war against the US or giving “aid and comfort” to it’s enemies
sedition
speech or actions that inspire revolt against the government
Schneck v. United States
the most strict protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic
Who broadcasts TV, Radio and Internet
The Federal Communications Commission
The FCC
Which is less regulated cable TV or broadcast TV?
Broadcast TV because you have to pay for cable TV and it takes effort to get to different channels
Prior restraint
government action that seeks to prevent materials form being published
Near v. Minnesota
they said what they did was illegal but the people can be punished if the publish a paper in a criminal proceeding
Symbolic speech
the communication of ideas through symbols and actions
Texas v. Johnson
the Supreme Court ruled that burning the American flag as part of a political protest was a protected act of free speech
What are the requirements for assemblies to be legal?
Must be peaceful
Must follow local laws and ordinances (have a permit from a local government)
Exclusionary Rule
evidence obtained illegally may not be used in a trial against a person
Map v. Ohio
court expanded the exclusionary rule to state actions
in “plain view”
they can only seize if its “in plain view” and the office doesn’t search for it
When are warrants needed?
Pedestrians
stopping a person is considered a seizure police can stop som eone on the basis of reasonable suspicion
When are warrants needed?
Cars
The 4th Ammendments:
under some circumstances the police can stop and search cars without a warrant
When are warrants not needed?
Wiretapping
The court didn’t view wire tapping as an illegal search
Is right to privacy is explicitly mentioned in the constitution?
nope