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POSC 100 C: United States Government (All Lessons) > Chapter 14: Politics and Personal Liberty > Flashcards

Chapter 14: Politics and Personal Liberty Flashcards

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1
Q

The Bill of Rights consists of

A

The first ten amendments to the Constitution

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2
Q

The Bill of Rights, written by

A

James Madison

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3
Q

The Bill of Rights originally only

A

Restricted the national government’s power

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4
Q

The Bill of Rights has been referred to as a list of

A

“Thou shall nots” against our government

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5
Q

The 14th Amendment’s Due Process Clause states

A

“Nor shall any states deprive any person of life, liberty, or property without due process of law.”

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6
Q

The First Amendment

A

“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.”

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7
Q

Freedom of speech is

A

Broad but it is not absolute

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8
Q

A state cannot prohibit advocating the use of force or law violation unless such advocacy is

A

Directed to producing or inciting imminent lawless action, and is likely to produce or incite such action and brandenburg

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9
Q

Pure Speech

A

Speech without any conduct (besides the speech itself)

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10
Q

Rule: Individuals can say what they want as long as they do not cause

A

A breach of the peace or riot, or hurl “fighting words” at specific persons

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11
Q

Fighting words are

A

Personally abusive epithets likely to incite immediate physical retaliation

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12
Q

Cohen v. California the draft:

A

The court permitted it

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13
Q

George Carlin’s “Filthy Words” monologue was

A

Banned on the airwaves

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14
Q

Speech is combined with

A

Conduct that is intended to convey ideas—ex. carrying signs while chanting

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15
Q

The government uses time, place, and manner restrictions. The speech plus

A

Conduct must be done in a reasonable time, place and manner

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16
Q

Collin V. Smith

A

The Court upheld the right of the neo-Nazis to march in Skokie

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17
Q

Target picketing

A

Will not be upheld

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18
Q

The use of symbols, rather than words, to

A

Convey ideas

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19
Q

Wearing black armbands to

A

Protest the Vietnam War

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20
Q

Burning the U.S flag in political

A

In protest

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21
Q

Burning draft cards during

A

Vietnam War

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22
Q

Freedom of the Press

A

Rule: freedom from prior restraint aka censorship

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23
Q

A series of papers were leaked by

A

Someone in the Pentagon to the Washington Post

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24
Q

The Washington Post began

A

Publishing the “Papers” in a series

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25
Q

The Nixon Administration sought injunctions to

A

Restrain the newspaper from publishing more excerpts, but the SCT refused to grant it

26
Q

The justices said they would grant the injunctions if they involved

A

Matters of national security, however, the “Papers” contained historical data, so no granted injunction

27
Q

This case created the

A

First exception to the general rule of no prior restraint

28
Q

A prior restraint would be allowed when the data involved

A

Matters of national security

29
Q

Printed or broadcast statements that are

A

False and tarnish someone’s reputation

30
Q

If these elements are proven, victims may

A

Recover money damages

31
Q

Public officials must show the statements were

A

1) False, harmed their reputation, and were made with “reckless disregard for the truth.”
2) Later cases have extended this rule to public figures

32
Q

A description or depiction of sexual conduct that, taken as a whole, by the average person, applying

A

Contemporary community standards

33
Q

Obscenity appeals to the

A

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

34
Q

The Free Exercise Clause

A

“Congress shall make no law…prohibiting the free exercise (of religion)”

35
Q

The free exercise clause allows individuals to practice their religion.

A

Without government coercion

36
Q

It prohibits the government from punishing someone based on a person’s

A

Religious beliefs

37
Q

The Free Exercise of Religion:

A

The Religious Freedom Restoration Act

38
Q

Government shall not

A

Substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability

39
Q

Government may

A

Substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person

40
Q

The Religious Freedom Restoration Act

A

1) Is in furtherance of a compelling governmental interest; and
2) Is the least restrictive means of furthering that compelling governmental interest

41
Q

The Establishment Clause

A

“Congress shall make no law respecting an establishment of religion…”

42
Q

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

A

Narrowly tailored to promote a compelling interest

43
Q

No sect preference: The governmental program will be valid under the Establishment Clause if it:

A

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

44
Q

The Second Amendment: A well-regulated militia is necessary for the security of a

A

Free state and the right of the people to keep and bear Arms shall not be infringed

45
Q

In the U.S Supreme Court case of

A

District of Columbia V. Heller

46
Q

The U.S Supreme Court ruled for

A

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

47
Q

A defendant’s factual guilt must be

A

Established

48
Q

Must prove the defendant had the

A

Requisite state of mind

49
Q

Legal guilt must be proven beyond

A

A reasonable doubt

50
Q

The Fourth Amendment: The right of the people to be secure…against

A

Unreasonable searches and seizures

51
Q

The Fifth Amendment prohibits

A

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

52
Q

Probable Cause is a

A

Standard used in determining when arrests and searches can be conducted by police

53
Q

The Exclusionary rule is based on the

A

Fourth Amendment

54
Q

It is a judge-made rule that prohibits the use in many circumstances of evidence obtained in violation of the

A

Fourth Amendment

55
Q

The Sixth Amendment assures, among other freedoms, and

A

The right to counsel

56
Q

A plea bargain occurs

A

When suspects deal with the prosecutor to obtain lighter sentence in exchange for a guilty plea

57
Q

The Eighth Amendment prohibits

A

A cruel and unusual punishment

58
Q

The Ninth Amendment

A

The Constitution shall not be construed to deny or disparage certain rights retained by the people

59
Q

The Right to Privacy: Roe v. Wade:

A

The U.S Supreme Court ruled a woman’s right to privacy of her body is paramount

60
Q

Roe V. Wade

A

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

61
Q

In the Cruzan case, the Supreme Court established the right to

A

Die for individuals

62
Q

The justices ruled that

A

Individuals can refuse medical treatment, including food and water, even if this means they will die if they.

POSC 100 C: United States Government (All Lessons) (16 decks)

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