Chapter 4: Civil Liberties Flashcards
Which amendment protects the right of petition, assembly, press, religion, and speech?
1st
Which amendment protects the right to bear arms?
2nd
Which amendment protects the right of quartering soldiers?
3rd
Which amendment protects the rights of searches and seizures?
4th
Which amendment protects the rights of the accused, and includes includes rights such as self incrimination (pleading the 5th), double jeopardy, due process, and eminent domain?
5th
Which amendment protects the rights of criminals, and includes the right to an attorney, a fair an unbiased trial, a public trial, the right to know your witnesses, and the right to a speedy trial?
6th
Which amendment protects the right to a jury trial for civil cases?
7th
Which amendment protects the right of no cruel and unusual punishment, no excessive bail, and third party custodian?
8th
Which amendment protects the reserved rights of the people and enumerated rights?
9th
Which amendment protects the reserved rights of the states?
10th
Which amendment protects the right of no suits against states?
11th
Which amendment says that the president and vice president are on the same ticket?
12th
Which amendment abolishes slavery?
13th
Which amendment says that no one can take away your rights without due process?
14th
Which amendment gives voting rights to all races?
15th
Which amendment talks about income taxes?
16th
Which amendment says there is direct election of senators?
17th
Which amendment enacts prohibition?
18th
Which amendment enacts women’s suffrage?
19th
Which amendment says that the inauguration of the president is on january 20th?
20th
Which amendment repeals the 18th amendment?
21st
Which amendment says what the terms of the president are?
22nd
Which amendment gives electors to washington dc?
23rd
Which amendment abolishes poll taxes?
24th
Which amendment gives the order of succession and disability?
25th
Which amendment changed the voting age from 21 to 18?
26th
Which amendment says that congressional pay can be raised, but only after the next term?
27th
What does Marbury vs Madison do?
Sets judicial review
What are Civil Liberties?
Protections against the government, using civil rights
What does Barron vs Baltimore do?
The bill of rights only constraints the federal government
What does Gitlow vs NY do?
Overturns Barron vs Baltimore; bill of rights constraints state governments and individuals as well
What is the Incorporation Doctrine?
Incorporating the Bill of Rights using the 14th amendment
What is the establishment clause?
The separation of church and state; no church should be backed by the government
What does Engel vs Vitale do?
No forced prayer in school
What does School District of Ablington Township, Pennsylvania vs Schempp do?
You cannot be forced to read the Bible in public school
What is the FCC?
Federal Communications Committee; monitors public broadcasts
What was the result of Miller vs California?
Miller test; sets the standard for all public broadcasts;
- has to be of public interest
- can’t just be sex
- has to have some scientific, literary, historical, or artistic value
What is the result of Lemon vs Kurtzman?
Lemon test; sets the standard that private religious schools have to meet to receive funding from the government;
- secular purpose
- cannot inhibit/advance a religion
- cannot have an excessive entanglement with religion
What does Zelman vs Simmons-Harns do?
School vouchers are legal
What does Edwards vs Aguillard do?
You have to teach creationism and evolution for it to be equal
What is free exercise?
You can practice your own religion
What does Wisconsin vs Yoder do?
You can be pulled from school due to religious reasons; religion takes precedence over education
What does Employment Division vs Smith do?
You can do some illegal things in your religion as long as there is a history and tradition of it in your religion
What does the Barnett case do?
It says Jehovah’s witnesses can sit out from saying the pledge, and sets the precedent that other people don’t have to say it as well
What are gag orders?
Things reporters aren’t allowed to report on
What is prior restraint?
Censorship before publication, and it isn’t allowed
What does Hazelwood vs Kuhlmeier do?
School officials can censor your print
What does Tinker vs Des Moines do?
The Tinker Case; symbolic speech is allowed in school, but it cannot interfere with the education of other students
What does Bethel vs Fraser do?
School administrators are allowed to censor your speech
What does Morse vs Frederick do?
School officials are responsible for you at school sanctioned events
What does Schenk vs US do?
Speech in times of war, if it presents a clear and present danger, is not protected
What does the Smith Act do?
You are not allowed to advocate for the violent overthrow of the government
What does Dennis vs US do?
National security rights are more important than first amendment rights
What does Chaplinsky vs State of New Hampshire do?
Fighting words/invoking a riot are not protected
What does the Communications decency Act do?
Sets a guideline age of 18
What is libel?
Written false speech
What is slander?
Spoken false speech
What does Near vs Minnesota do?
No prior restraint in newspapers
What does NY Times vs Sullivan do?
Libel with malice and intent is not allowed
What does Miami Herald Publishing Co. vs Tornillo do?
Not all criticisms have to be published
What does Red Lion Broadcasting vs FCC do?
Same thing as Miami Herald Publishing Co vs Tornillo except with public broadcasting
What is the FTC?
Federal Trade Commission; deals with truth in advertising
What is the SEC?
Security and Exchange Commission; deals with stocks and bonds
What are shield laws?
Protect your sources
What does NAACP vs Alabama do?
No membership list is needed to peacefully protest; You do need a permit though
Where are you not allowed to assemble?
- In front of a federal or state building
- Can’t block access to public buildings, or to the general public
What does Lopez vs US do?
Commerce clause; Federal government regulates only interstate commerce, not intrastate
What does Mapp vs Ohio do?
Exclusionary rule; Evidence seized illegally is inadmissible in court
What does United States vs Leon do?
Good faith exception-can’t sue anyone (cops) if they have good intentions
What does Miranda vs Arizona do?
You must be read your rights at time of arrest
What is eminent domain?
Government can take private property for public use if they give compensation
What does Sheppard vs Maxwell do?
Gives the right to an unbiased trial
What does Gideon vs Wainwright do?
Everyone has the right to a lawyer; based on the 14th amendment, all rights apply to states no matter what
What does Hamdi vs Rumsfield do?
You have the right to due process even as an enemy combatant
What is a small claims court?
Sue under $5,000, no jury
What does Furman vs Georgia do?
The death penalty is abolished; too racist/sexist
What does Gregg vs Georgia do?
Brings back the death penalty; states that do have the death penalty must have standards for it
What does Griswold vs Connecticut do?
Right to privacy under the 14th amendment due process, used contraceptives
What does Roe vs Wade do?
Legalizes abortion
What does Planned Parenthood vs Casey do?
“strict scrutiny”-some things can’t be allowed at all; changed to “undue burden”, which permits more regulations, but allows it
