Chapter 2 powerpoint pt. 2 Flashcards
The Rational Basis (Minimal Level of Scrutiny) Test: A classification is __________ ______ so long as it is rationally related to a constitutionally permissible state interest.
presumed valid
The Rational Basis (Minimal Level of Scrutiny) Test: A classification is presumed valid so long as it is rationally related to a constitutionally permissible _____ interest.
state
Strict Scrutiny Test: A law singling out a ______ or ______ minority must be strictly necessary, and there must be no alternative approach to advancing a compelling state interest. ____ limits fundamental rights.
racial
ethnic
Law
Strict Scrutiny Test: A law singling out a racial or ethnic minority must be strictly necessary, and there must be no alternative approach to advancing a compelling _____ interest. Law limits ___________ rights.
state
fundamental
_____ ________ ____: A law singling out a racial or ethnic minority must be strictly necessary, and there must be no alternative approach to advancing a compelling state interest. Law limits fundamental rights.
Strict Scrutiny Test
Intermediate Scrutiny: Distinctions on the grounds of ______ must be substantially related to an important ___________ objective.
gender
government
Why did the Supreme Court stress the important of standards in law enforcements?
The Supreme Court stressed that lack of standards presents the danger that a law will be applied in a discriminatory fashion against minorities and the poor.
Freedom of Speech is protected by the ___ Amendment.
1st
_________ of _______ is protected by the 1st Amendment.
Freedom
Speech
U.S. Supreme Court extended this prohibition (freedom of speech) to the states in a _____ decision in which the Court proclaimed that “freedom of speech and of the press . . . are among the fundamental personal rights and ‘liberties’ protected under the ____ _______ Clause of the Fourteenth Amendment from impairment by the States.”
1925
Due Process
U.S. Supreme Court extended this prohibition (freedom of speech) to the states in a 1925 decision in which the Court proclaimed that “freedom of speech and of the press . . . are among the fundamental personal rights and ‘liberties’ protected under the Due Process Clause of the ___th Amendment from impairment by the States.”
14
What are the four functions central to freedom of speech?
- contributes to individual self-fulfillment
- ensures the “marketplace of ideas”
- promotes social stability
- ensures that there is a steady stream of innovative ideas
Who created the 4 functions central to freedom of speech?
Thomas I. Emerson
The ___th Amendment to the Constitution applies to the states and was adopted following the Civil War to protect ________ _________ against the deprivation of “life, liberty and property without due process” and to guarantee former slaves “equal _________ of the law.”
14th
African Americans
protection
The four function central to freedom of speech:
- Freedom of expression contributes to __________ ____-____________
- Freedom of expression ensures a vigorous “marketplace of ideas.”
- Freedom of expression promotes social stability.
- Freedom of expression ensures that there is a steady stream of innovative ideas and enables the government to identify and address newly arising issues.
individual self-fulfillment.
The four function central to freedom of speech:
- Freedom of expression contributes to individual self-fulfillment.
- Freedom of expression ensures a vigorous “___________ __ ______”
- Freedom of expression promotes social stability.
- Freedom of expression ensures that there is a steady stream of innovative ideas and enables the government to identify and address newly arising issues.
marketplace of ideas
The four function central to freedom of speech:
- Freedom of expression contributes to individual self-fulfillment.
- Freedom of expression ensures a vigorous “marketplace of ideas.”
- Freedom of expression promotes _______ _________
- Freedom of expression ensures that there is a steady stream of innovative ideas and enables the government to identify and address newly arising issues.
social stability
The four function central to freedom of speech:
- Freedom of expression contributes to individual self-fulfillment.
- Freedom of expression ensures a vigorous “marketplace of ideas.”
- Freedom of expression promotes social stability.
- Freedom of expression ensures that there is a steady stream of innovative ideas and enables the ___________ to _______ and _______ newly arising issues.
government
identify
address
What are the characteristics of something not protected by the First Amendment (Freedom of Speech)?
- The expression lacks social value.
- The expression directly causes social harm or injury.
- The expression is narrowly defined to avoid discouraging and deterring individuals from engaging in free and open debate.
What is over-breadth?
an unconstitutional statute that’s so broadly and imprecisely drafted that it encompasses and prohibits a substantial amount of protected speech relative to the coverage of the statute
What constitutes as hate speech?
Speech that denigrates, humiliates, and attacks individuals on account of race, religion, ethnicity, nationality, gender, sexual preference, or other personal characters and preferences.
The idea that there should be a legal right to _______ was first expressed in an 1890 article in the Harvard Law Review written by Samuel D. Warren and Louis D. Brandeis, who was later appointed to the U.S. Supreme Court.
privacy
The idea that there should be a legal right to privacy was first expressed in an 1890 article in the Harvard Law Review written by _______ __ ______ and ______ ___ _______, who was later appointed to the U.S. Supreme Court.
Samuel D. Warren
Louis D. Brandeis
The idea that there should be a legal right to privacy was first expressed in an _____ article in the Harvard Law Review written by Samuel D. Warren and Louis D. Brandeis, who was later appointed to the U.S. Supreme Court.
1890
