Chapter 4: civil liberties Flashcards
Gitlow v. New York (1925)
→ bad tendency test: any speech that has the likelihood of inciting crime or disturbing the public peace can be silenced
civil liberties
constitutionally established guaranteed that protect citizens, opinions, and property against arbitrary government interference
Schenck v. US (1919)
→ clear and present danger test: the government may silence speech or expression when there is a clear and present danger that this speech will bring about some harm that the government has the power to prevent
Dennis v. US (1951)
→ clear and probable danger: the government could suppress speech to avoid grave danger , even if the probability of the dangerous result was relatively remote; replaced by the imminent lawless action (incitement) test in 1969
commercial speech
advertising statements that describe products
creationism
a theory of the creation of the earth and humankind that is based on a literal interpretation of the biblical story of Genesis
criminal due process rights
safeguards for those accused of crime; these rights constrain government conduct in investigating crimes, trying cases, and punishing offenders
double jeopardy
the trying of a person again for the same crime that they have been cleared of in court; barred by the 5th
due process
the legal safeguards that prevent the government from arbitrarily depriving citizens of life, liberty, or property; guaranteed by the 5th & 14th
Engel v. Vitale (1962)
→ school-directed prayer violated the establishment clause of the 1st
establishment clause
the 1st amendment clause that bars the government from passing any law “respecting an establishment of religion”; often interpreted as a separation of church & state… increasingly challenged
exclusionary rule
the criminal procedural rule stating that evidence obtained illegally cannot be used in a trial
fighting words
speech that is likely to bring about public disorder or chaos; scotus has held that this speech may be banned in public places to ensure the preservation of public order
free exercise clause
1st amendment clause prohibiting the government from enacting laws prohibiting an individuals practice of their religion; often in contention with the establishment clause
Gideon v. Wainwright (1963)
→ the states must adhere to the 6th amendment protections that give citizens the right to counsel in criminal cases
habeas corpus
protects an individual in custody from being held without the right to be heard in a court of law
Brandenburg v. Ohio (1969)
→ imminent lawless action test (incitement test) : speech is only restricted only if it goes beyond mere advocacy, or words, to create a high likelihood of immediate disorder or lawlessness
intelligent design
the theory that the apparent design in the universe and in living things is the product of an intelligent cause rather than of an undirected process such as natural selection; its primary proponents believe that the designer is God and seek to redefine science to accept supernatural explainations
lemon test
lemon v. kurtzman (1971) → 3 part test est to determine whether government aid to parochial school is constitutional; the test is also applied to other cases involving the establishment clause
marketplace of ideas
a concept at the core of the freedoms of expression and press, based on the belief that true and free political discourse depends on a free and unrestrained discussion of ideas
McDonald v. Chicago (2010)
incorporation of the second amendment to the states, ruling agnst a state law that regulated citizen access to guns
tough laws = cant carry → give gun for protection
Miranda rights
a criminal procedural rule, est by Miranda v. Arizona (1966), requiring police to inform criminal suspects , on their arrest, of their legal rights, such as the right to remain silent and the right to counsel; these warnings must be read to suspects before interrogation.
New York Times Company v. US (1971)
ruled agnst us governments attempt to prevent the NYT from publishing documents about the history of US involvement in Vietnam, and ruled support of freedom and of the press
obscenity
indecent or offensive speech or expression
prior restraint
a form of censorship by the government whereby it blocks the publication of news stories viewed as libelous or harmful BEFORE they are published
est in near v. minnesota 1931
right to privacy
the right of an individual to be left alone and to make decisions freely, without the interference of others
Roe v. Wade (1973)
scotus extended the right to privacy, ruling in favor of abortion rights
selective incorporation
the process by which, over time, scotus applied the freedoms in the bill of rights that served some fundamental principle or liberty or justice to the states, thus rejecting total incorporation
symbolic speech
nonverbal “speech” in the form of an action as picketing, flag burning, or wearing an armband to signify a protest
time, place, and manner restrictions
regulations regarding when, where, or how expression may occur; must be content neutral
Tinker v. Des Moines (1969)
→ 1st protected the wearing of black armbands by students as a form of political protest
total incorporation
the theory that the 14th’s due process clause requires the states to uphold all freedoms in the bill of rights; rejected by the supreme court in favor of selective incorporation
Wisconsin v. Yoder (1972)
→ compulsory education violated amish rights under the free exercise clause of the 1st
intimate association
private matters that are kept from the public
expressive association
association that is publicized
griswold v. connecticut
by prohibiting the use of contraceptives, connecticut was violating the right to privacy of couples
→ one of the first cases that est right to privacy
burwell v. hobby lobby
private enterprise that is religious can refuse birth control bc of religion, does not interfere with business practice
employment v. smith
religious practice barred bc the practice is illegal
evolution →
natural selection
creationism →
intelligent design
engel v. vitale is an example of
strict separation of church and state
the lemon test for gov support:
- must not be in support of religious purposes
- cannot advance or spread a religion
- cannot entangle separation of church and state
establishment clause: separationism
strict separation of church and state
establishment clause: neutrality
government support is okay but cannot be biased towards one religion
establishment clause: accomodationism
government is open to support as long as it does not create an official religion
the government cannot …
hinder exercise of religion, favor one religion over another, or be hostile towards the practice of religion
the internet is considered _____ media
broadcast media
can be censored or blocked by government
through ruling in New York Times v, US
near v. minnesota 1931
est prior restraint & incorporated freedom of the press
freedom of the press is essential to …
democracy; keeping government officials accountable for their actions and keeping the public informed
freedom of assembly
as long as orderly
unprotected speech
commercial speech, libel/slander, obscene material, fighting words
fighting words
words that can inflict injury or public disorder ex. if used to suppress, threaten, or silence individuals
obscene material
- “prurient interest” - causes unwholesome sexual arousal
- depicts offensive sexual conduct
- lacks artistic value
libel/slander
false statements that harm reputation
commercial speech
ex. tobacco ads
protected speech
pure & symbolic speech
pure speech
actual words
symbolic speech
nonverbal, actions, protest
ex.
us v. obrien (burning draft cards) unprotected symbolic speech bc hinders gov powers
tinker v. des moines (armbands) protected bc does not cause disruption
texas v. johnson (flag burning) protected bc not symbolic and not fighting words
incitement test/imminent lawless action test/brandenburg test
gov must show that risk of harm was likely with the words that were used
gitlow v. NY (1930)
giving out pamphlets to est socialist strikes
→ must prove the the likelihood of inciting the public
→ freedom of speech applied to states through 14th amendment
percieved threat =
limiting freedoms
district of columbia v. heller
→ the individual right for citizens to arm themselves for “lawful purposes” aka self defense
barron v. baltimore
→ bill of rights only applied to protecting agnst arbitrary actions of the fed gov
amendments in bill of rights tot incorporated
3 & 7
14th amendment
the first thing put in place to extend the bill of rights to states
