Chapter 4 Flashcards
what are civil rights?
the freedom to participate in the full life of the community
civil liberties?
the limits on government that allow people to freely exercise their rights
what is selective incorporation?
extending protections from the Bill of Rights to state governments, one right at a time
is the right to privacy explicitly stated in the constitution?
no, it’s the penumbras of other rights
griswold v. Connecticut
discovered the right to privacy through striking down Connecticut’s condom ban
roe v. wade?
drew on the right to privacy through striking down Texas abortion ban
Planned parenthood v. Casey?
upheld a woman’s right to terminate her pregnancy during the first trimester, changed from judicial rule to judicial standard
Lawrence v. Texas?
struck down Georgia’s antisodomy law, extending right to privacy to same sex couples
what is the establishment clause?
in 1st amendment, government can’t establish a religion
what is free exercise clause?
in 1st amendment, government can’t interfere in religious practices
what is strict separation?
using the Lemon test to judge whether a law establishes a religion
Engel v. Vitale
ruled that New York starting the school with a nondenominational prayer violated the establishment clause
Lemon v. Kurtzman
said that Pennsylvania paying teachers who taught religious subjects in nonchurch affiliated schools was wrong
Lemon test
laws must be secular
neither advance nor inhibit religion
can’t excessively entangle government in religion
accommodation
the principle that government does not violate establish clause as long as it does not confer an advantage to some religions over other
Sherbert test?
Adell Sherbert was a 7th day adventist who was fired for not going to work on a Saturday
Sherbert test: government must have a compelling interest for imposing a significant burden on someone practicing their faith
Employment Division v. Smith
ruled that religious laws are okay if they apply to everyone
Holt v Hobbs
ruled that government could not burden someone’s exercise of religion without compelling state reason
freedom of speech equal in eyes of court?
no, gets preferred position
clear and present danger?
court doctrine that permits restrictions of free speech if officials believe it will lead to prohibited action like violence or terrorism
Schnek v. United States
clear and present danger limits on free speech
symbolic expression
an act, rather than actual speech used to make point
hate speech
hostile statements based on someone’s personal characteristics
fighting words
expressions likely to provoke violent reaction and not necessarily protected by 1st amendment
Tinker Supreme court case?
created Tinker rule: students’ right to free speech can be curtailed only if it materially and substantially interferes with the school
modern time sketchy speech?
cyber bullying
prior restraint
legal effort to stop speech before it occurs, censorship
Near v. Minnesota
protected vulgar journalism
miller test
3 part test for judging whether a work is obscene
- sexually stimulating
- depicts sex in an offensive way
- lacks serious actual value
libel
written falsehoods
slander
spoken falsehoods
McDonald v. Chicago
incorporated 2nd amendment to all states in 2010
exclusionary rule
evidence obtained in an illegal search cant be used in trial
grand jury
does not decide on guilt or innocence, only on whether there is enough evidence to go to actual trial, 5th amendment
double jeopardy
can’t be tried for the same crime twice, 5th amendment
Miranda v. Arizona
required police officers to inform suspects of the right to remain silent, 5th amendment
6th amendent
right to counsel
8th amendment
cruel and unusual punishment… death penalty?
USA Patriot Act
legislation that sought to enhance national security passed after 9/11, forbids aiding terrorist organizations, upped unwarranted surveillance
right of noncitizens?
unclear
