Chapter 19 Flashcards
To whom are rights guaranteed?
All persons
1.Civil liberties
Civil rights/ liberties
Protection from the government, by the government.
1.Civil liberties
A. Relative, not absolute
How far do your rights go?
Until you infringe upon the rights of others.
Rights in Conflict
When 2 amendments contradict each other.
Sheppard vs. Maxwell
(1966) Freedom of press. People knew what was going on. Unfair trial. 1st and 6th amendment. Wife murder.
14th amendment (1868) due process clause
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
14th amendment
allowed the supreme court to…
interpret when states are violating individuals rights.
14th amendment
amendments nationalized
Applies to both, national and state governments.
Effect> one, four, five, six, & eight amendments
-1960’s decision
9th amendment
catch all? Not a complete listing of rights, might be more in the future.
-abortion
1st amendment
A. Freedom of Religion
1. Establishment clause
Anyone can create a religion of their own choice.
-dandelion
1st amendment
A. Freedom of Religion
2. Separation of church and state
In God we trust, prayer-doesnt favor one over another or favor one religion over another.
1st amendment
A. Freedom of Religion
3. Areas of conflict
a. release time
Release from school time private property.
1st amendment A. Freedom of Religion 3. Areas of conflict b. Parochial School State money?
Religion, church related school.
Yes, but only for academic instruction.
1st amendment
A. Freedom of Religion
3. Areas of conflict
c. Evolution
Darwin illegal >< Bible illegal
1920’s
1st amendment
A. Freedom of Religion
3. Areas of conflict
d. seasonal display
O’hera, court house, nativity.
1st amendment
A. Freedom of Religion
3. Areas of conflict
name all 4
- release time
- parochial school
- evolution
- seasonal display
Free exercise clause
first 2 a & b
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
Free exercise clause
c & d
c.
d. polygamy
Freedom of expression
2 guarantees by 1st and 14th amendment
a. express in spoken and written word
b. wide ranging discussion of public affair (grey area)
- polotics -celebrities -companies/businesses
Libel & Slander
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.
4 illegal acts
a. Sedition
b. Sabotage
c. Espionage
d. Treason
Sedition
Actually trying to over throw. Talk.
Sabotage
Physical acts of destruction, bomb.
Espionage
Spying for a foreign power.
Treason
Trying to overthrow.
Gray areas
a. Obscenity
List 3 things
What is it?
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.
Gray areas
Prior restraint
Can government stop something from being printed?
Pentagon papers (1971) Vietnam war plans. No, not before it happens.
Gray areas
Confidentiality
Do reporters have a constitutional privilege to not reveal their source?
No, Supreme Court has not ruled that they have this privilege.
Confidentiality
How has supreme court ruled in these types of cases?
Shield laws. Gives reporters some protection.
Confidentiality
Exceptions info is confidential
5
- Doctor/patient
- Lawyers/client
- Clergy/member bishop
- Husband/wife
- Police/informants
Gray areas
Movies
What level of government should regulate movie attendance?
Individually. Rating system- helps individuals make a selection. Changes in what is allowed.
Gray areas
Radio and television
FCC
Federal Communications Commission
-license and rules, tv rating system.
-special presentation
Unedited
Symbolic speech
Actions or conduct can also express ones opinion. - flipping off
60s protest era
- black power
- flag burning
- bra burning
Symbolic speech
Tinker vs. Des Moines school district 1969
Peace, black arm band. Vietnamization war. Expelled.
Commercial speech
Truth in advertisement.
Right to assemble
Time manner place
Respect property
Right to petition
Change laws
14th amendment originally applied to
Only the national level
Liable
Written word
Slander
Spoken word
Amendments effected
14568
