Chapter 13: Civil Liberties Flashcards
What does the First Amendment guarantee regarding assembly?
Freedom to assemble peaceably and seek redress of grievances against the government
There are limits placed on assembly.
What type of restrictions has the Supreme Court allowed on assembly?
Content-neutral time, place, and manner restrictions
These regulations govern when, where, or how expression may occur.
What does the Foreign Intelligence Surveillance Act (FISA) of 1978 pertain to?
Warrantless wiretapping and surveillance of foreign intelligence
This was significant post September 11, 2001.
What is the primary focus of the USA PATRIOT Act?
National security and counter-terrorism measures
It includes provisions that affect civil liberties.
What legal concept does ‘rendition’ refer to?
Transfer of custody of suspected terrorists to other nations for imprisonment and interrogation
This practice raises significant legal and ethical concerns.
What is the difference between pure speech and symbolic speech?
Pure speech involves verbal expression, while symbolic speech involves nonverbal actions
Examples include picketing and flag burning.
What is the Eighth Amendment primarily concerned with?
Protection against cruel and unusual punishment
This includes debates over the death penalty.
What rights are guaranteed by the Fifth Amendment?
Protection against double jeopardy and compelled self-incrimination
It ensures fair legal procedures.
What does the Sixth Amendment guarantee?
Right to a speedy and public trial, trial by jury, and legal counsel
It ensures individuals are informed of charges and can confront witnesses.
What is prior restraint in the context of freedom of the press?
Censorship that attempts to block publication of harmful material
It is generally opposed under the First Amendment.
What do the establishment clause and free exercise clause of the First Amendment ensure?
No government establishment of religion and protection of individual religious practice
They balance government involvement in religious matters.
What does the right to privacy entail?
The right to make personal decisions without interference
This includes cases like Roe v. Wade.
What is the exclusionary rule?
Prevents illegally obtained evidence from being used in court
It is part of the Fourth Amendment protections.
Which types of speech receive limited protection under the First Amendment?
Commercial speech, libel, slander, and obscenity
These forms of speech are not fully protected.
What is civil liberties?
Constitutionally established guarantees protecting citizens from government interference
It differs from civil rights, which focus on government action to protect individuals.
