Chapter 14: Politics and Personal Liberty Flashcards
The Bill of Rights consists of
The first ten amendments to the Constitution
The Bill of Rights, written by
James Madison
The Bill of Rights originally only
Restricted the national government’s power
The Bill of Rights has been referred to as a list of
“Thou shall nots” against our government
The 14th Amendment’s Due Process Clause states
“Nor shall any states deprive any person of life, liberty, or property without due process of law.”
The First Amendment
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Freedom of speech is
Broad but it is not absolute
A state cannot prohibit advocating the use of force or law violation unless such advocacy is
Directed to producing or inciting imminent lawless action, and is likely to produce or incite such action and brandenburg
Pure Speech
Speech without any conduct (besides the speech itself)
Rule: Individuals can say what they want as long as they do not cause
A breach of the peace or riot, or hurl “fighting words” at specific persons
Fighting words are
Personally abusive epithets likely to incite immediate physical retaliation
Cohen v. California the draft:
The court permitted it
George Carlin’s “Filthy Words” monologue was
Banned on the airwaves
Speech is combined with
Conduct that is intended to convey ideas—ex. carrying signs while chanting
The government uses time, place, and manner restrictions. The speech plus
Conduct must be done in a reasonable time, place and manner
Collin V. Smith
The Court upheld the right of the neo-Nazis to march in Skokie
Target picketing
Will not be upheld
The use of symbols, rather than words, to
Convey ideas
Wearing black armbands to
Protest the Vietnam War
Burning the U.S flag in political
In protest
Burning draft cards during
Vietnam War
Freedom of the Press
Rule: freedom from prior restraint aka censorship
A series of papers were leaked by
Someone in the Pentagon to the Washington Post
The Washington Post began
Publishing the “Papers” in a series
The Nixon Administration sought injunctions to
Restrain the newspaper from publishing more excerpts, but the SCT refused to grant it
The justices said they would grant the injunctions if they involved
Matters of national security, however, the “Papers” contained historical data, so no granted injunction
This case created the
First exception to the general rule of no prior restraint
A prior restraint would be allowed when the data involved
Matters of national security
Printed or broadcast statements that are
False and tarnish someone’s reputation
If these elements are proven, victims may
Recover money damages
Public officials must show the statements were
1) False, harmed their reputation, and were made with “reckless disregard for the truth.”
2) Later cases have extended this rule to public figures
A description or depiction of sexual conduct that, taken as a whole, by the average person, applying
Contemporary community standards
Obscenity appeals to the
1) Prurient (shameful, morbid, incites lust) interest in sex
2) Portrays sex in a potently offensive way
3) Does not have serious literacy, artistic, political, and scientific value using a national, reasonable person standard, rather than the contemporary community standard
The Free Exercise Clause
“Congress shall make no law…prohibiting the free exercise (of religion)”
The free exercise clause allows individuals to practice their religion.
Without government coercion
It prohibits the government from punishing someone based on a person’s
Religious beliefs
The Free Exercise of Religion:
The Religious Freedom Restoration Act
Government shall not
Substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability
Government may
Substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person
The Religious Freedom Restoration Act
1) Is in furtherance of a compelling governmental interest; and
2) Is the least restrictive means of furthering that compelling governmental interest
The Establishment Clause
“Congress shall make no law respecting an establishment of religion…”
Sect preference: If a law or government program includes a preference for some religious sects over others, the law will be held invalid unless it is
Narrowly tailored to promote a compelling interest
No sect preference: The governmental program will be valid under the Establishment Clause if it:
1) Has a secular purpose
2) Has a primary effect that neither advance nor inhibit religion, and
3) Does not produce excessive entangle with religion
The Second Amendment: A well-regulated militia is necessary for the security of a
Free state and the right of the people to keep and bear Arms shall not be infringed
In the U.S Supreme Court case of
District of Columbia V. Heller
The U.S Supreme Court ruled for
The first time that the Second Amendment protects an individual’s right, not a collective or militia’s right, to keep and bear arms for self-defense
A defendant’s factual guilt must be
Established
Must prove the defendant had the
Requisite state of mind
Legal guilt must be proven beyond
A reasonable doubt
The Fourth Amendment: The right of the people to be secure…against
Unreasonable searches and seizures
The Fifth Amendment prohibits
1) Compelled self-incrimination in any criminal case
2) Any person to be subject to double jeopardy of life or limb for the same offense
Probable Cause is a
Standard used in determining when arrests and searches can be conducted by police
The Exclusionary rule is based on the
Fourth Amendment
It is a judge-made rule that prohibits the use in many circumstances of evidence obtained in violation of the
Fourth Amendment
The Sixth Amendment assures, among other freedoms, and
The right to counsel
A plea bargain occurs
When suspects deal with the prosecutor to obtain lighter sentence in exchange for a guilty plea
The Eighth Amendment prohibits
A cruel and unusual punishment
The Ninth Amendment
The Constitution shall not be construed to deny or disparage certain rights retained by the people
The Right to Privacy: Roe v. Wade:
The U.S Supreme Court ruled a woman’s right to privacy of her body is paramount
Roe V. Wade
1) 0-3 months: A woman can have an abortion
2) 3-6 months: A woman can have the abortion subject to reasonable regulations for health
3) 6-9 months: States can prohibit abortion
In the Cruzan case, the Supreme Court established the right to
Die for individuals
The justices ruled that
Individuals can refuse medical treatment, including food and water, even if this means they will die if they.
