Chapter 4 Flashcards

1
Q

what are civil rights?

A

the freedom to participate in the full life of the community

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2
Q

civil liberties?

A

the limits on government that allow people to freely exercise their rights

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3
Q

what is selective incorporation?

A

extending protections from the Bill of Rights to state governments, one right at a time

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4
Q

is the right to privacy explicitly stated in the constitution?

A

no, it’s the penumbras of other rights

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5
Q

griswold v. Connecticut

A

discovered the right to privacy through striking down Connecticut’s condom ban

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6
Q

roe v. wade?

A

drew on the right to privacy through striking down Texas abortion ban

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7
Q

Planned parenthood v. Casey?

A

upheld a woman’s right to terminate her pregnancy during the first trimester, changed from judicial rule to judicial standard

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8
Q

Lawrence v. Texas?

A

struck down Georgia’s antisodomy law, extending right to privacy to same sex couples

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9
Q

what is the establishment clause?

A

in 1st amendment, government can’t establish a religion

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10
Q

what is free exercise clause?

A

in 1st amendment, government can’t interfere in religious practices

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11
Q

what is strict separation?

A

using the Lemon test to judge whether a law establishes a religion

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12
Q

Engel v. Vitale

A

ruled that New York starting the school with a nondenominational prayer violated the establishment clause

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13
Q

Lemon v. Kurtzman

A

said that Pennsylvania paying teachers who taught religious subjects in nonchurch affiliated schools was wrong

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14
Q

Lemon test

A

laws must be secular
neither advance nor inhibit religion
can’t excessively entangle government in religion

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15
Q

accommodation

A

the principle that government does not violate establish clause as long as it does not confer an advantage to some religions over other

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16
Q

Sherbert test?

A

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

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17
Q

Employment Division v. Smith

A

ruled that religious laws are okay if they apply to everyone

18
Q

Holt v Hobbs

A

ruled that government could not burden someone’s exercise of religion without compelling state reason

19
Q

freedom of speech equal in eyes of court?

A

no, gets preferred position

20
Q

clear and present danger?

A

court doctrine that permits restrictions of free speech if officials believe it will lead to prohibited action like violence or terrorism

21
Q

Schnek v. United States

A

clear and present danger limits on free speech

22
Q

symbolic expression

A

an act, rather than actual speech used to make point

23
Q

hate speech

A

hostile statements based on someone’s personal characteristics

24
Q

fighting words

A

expressions likely to provoke violent reaction and not necessarily protected by 1st amendment

25
Q

Tinker Supreme court case?

A

created Tinker rule: students’ right to free speech can be curtailed only if it materially and substantially interferes with the school

26
Q

modern time sketchy speech?

A

cyber bullying

27
Q

prior restraint

A

legal effort to stop speech before it occurs, censorship

28
Q

Near v. Minnesota

A

protected vulgar journalism

29
Q

miller test

A

3 part test for judging whether a work is obscene

  1. sexually stimulating
  2. depicts sex in an offensive way
  3. lacks serious actual value
30
Q

libel

A

written falsehoods

31
Q

slander

A

spoken falsehoods

32
Q

McDonald v. Chicago

A

incorporated 2nd amendment to all states in 2010

33
Q

exclusionary rule

A

evidence obtained in an illegal search cant be used in trial

34
Q

grand jury

A

does not decide on guilt or innocence, only on whether there is enough evidence to go to actual trial, 5th amendment

35
Q

double jeopardy

A

can’t be tried for the same crime twice, 5th amendment

36
Q

Miranda v. Arizona

A

required police officers to inform suspects of the right to remain silent, 5th amendment

37
Q

6th amendent

A

right to counsel

38
Q

8th amendment

A

cruel and unusual punishment… death penalty?

39
Q

USA Patriot Act

A

legislation that sought to enhance national security passed after 9/11, forbids aiding terrorist organizations, upped unwarranted surveillance

40
Q

right of noncitizens?

A

unclear