Chapter 19 Flashcards

1
Q

To whom are rights guaranteed?

A

All persons

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2
Q

1.Civil liberties

Civil rights/ liberties

A

Protection from the government, by the government.

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3
Q

1.Civil liberties
A. Relative, not absolute
How far do your rights go?

A

Until you infringe upon the rights of others.

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4
Q

Rights in Conflict

A

When 2 amendments contradict each other.

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5
Q

Sheppard vs. Maxwell

A

(1966) Freedom of press. People knew what was going on. Unfair trial. 1st and 6th amendment. Wife murder.

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6
Q
14th amendment (1868)
due process clause
A

No state shall deprive any person of life, liberty, or property without due process of law.

  • Allow supreme court too.
  • Government acting fairly
  • Prision, jail -Property, house -Death
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7
Q

14th amendment

allowed the supreme court to…

A

interpret when states are violating individuals rights.

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8
Q

14th amendment

amendments nationalized

A

Applies to both, national and state governments.
Effect> one, four, five, six, & eight amendments
-1960’s decision

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9
Q

9th amendment

A

catch all? Not a complete listing of rights, might be more in the future.
-abortion

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10
Q

1st amendment
A. Freedom of Religion
1. Establishment clause

A

Anyone can create a religion of their own choice.

-dandelion

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11
Q

1st amendment
A. Freedom of Religion
2. Separation of church and state

A

In God we trust, prayer-doesnt favor one over another or favor one religion over another.

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12
Q

1st amendment
A. Freedom of Religion
3. Areas of conflict
a. release time

A

Release from school time private property.

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13
Q
1st amendment
A. Freedom of Religion
3. Areas of conflict
b. Parochial School
State money?
A

Religion, church related school.

Yes, but only for academic instruction.

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14
Q

1st amendment
A. Freedom of Religion
3. Areas of conflict
c. Evolution

A

Darwin illegal >< Bible illegal

1920’s

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15
Q

1st amendment
A. Freedom of Religion
3. Areas of conflict
d. seasonal display

A

O’hera, court house, nativity.

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16
Q

1st amendment
A. Freedom of Religion
3. Areas of conflict
name all 4

A
  1. release time
  2. parochial school
  3. evolution
  4. seasonal display
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17
Q

Free exercise clause

first 2 a & b

A

a. A person may believe in what they want until it infringes upon the rights of others. -absolute freedom? no.
b. Supreme court upholding free exercise. Religious practices. -Amish -Jehovah’s witnesses

18
Q

Free exercise clause

c & d

A

c.

d. polygamy

19
Q

Freedom of expression

2 guarantees by 1st and 14th amendment

A

a. express in spoken and written word
b. wide ranging discussion of public affair (grey area)
- polotics -celebrities -companies/businesses

20
Q

Libel & Slander

A

Written and spoken-malicious act to injure someone’s character.

  • 2 acts not protected liable and slander
  • Carol brunette
  • Nobody has complete or absolute tight of free speech and press.
21
Q

4 illegal acts

A

a. Sedition
b. Sabotage
c. Espionage
d. Treason

22
Q

Sedition

A

Actually trying to over throw. Talk.

23
Q

Sabotage

A

Physical acts of destruction, bomb.

24
Q

Espionage

A

Spying for a foreign power.

25
Q

Treason

A

Trying to overthrow.

26
Q

Gray areas
a. Obscenity
List 3 things
What is it?

A

Needs to be interpreted by Supreme Court.
-Miller vs California.
Porn shop
1. If the material lacks artistic or literacy.
2. If the material depicts explicit or sexual behavior.
3. If a person using local community moral standards finds it obscene.

27
Q

Gray areas
Prior restraint
Can government stop something from being printed?

A
Pentagon papers (1971) Vietnam war plans. 
No, not before it happens.
28
Q

Gray areas
Confidentiality
Do reporters have a constitutional privilege to not reveal their source?

A

No, Supreme Court has not ruled that they have this privilege.

29
Q

Confidentiality

How has supreme court ruled in these types of cases?

A

Shield laws. Gives reporters some protection.

30
Q

Confidentiality
Exceptions info is confidential
5

A
  1. Doctor/patient
  2. Lawyers/client
  3. Clergy/member bishop
  4. Husband/wife
  5. Police/informants
31
Q

Gray areas
Movies
What level of government should regulate movie attendance?

A

Individually. Rating system- helps individuals make a selection. Changes in what is allowed.

32
Q

Gray areas
Radio and television
FCC

A

Federal Communications Commission
-license and rules, tv rating system.
-special presentation
Unedited

33
Q

Symbolic speech

A

Actions or conduct can also express ones opinion. - flipping off

60s protest era

  • black power
  • flag burning
  • bra burning
34
Q

Symbolic speech

Tinker vs. Des Moines school district 1969

A

Peace, black arm band. Vietnamization war. Expelled.

35
Q

Commercial speech

A

Truth in advertisement.

36
Q

Right to assemble

A

Time manner place

Respect property

37
Q

Right to petition

A

Change laws

38
Q

14th amendment originally applied to

A

Only the national level

39
Q

Liable

A

Written word

40
Q

Slander

A

Spoken word

41
Q

Amendments effected

A

14568