Chapter 4: Civil Liberties Flashcards
Civil Liberties
Protections against government abuse
Barron v Balitmore
Bill of Rights doesn’t apply to states
14th amendment
- due process clause (liberties)
- equal protections (rights)
Gitlow v. nY
1st amendment does apply to states through due process clause
Selective incorporation
Most of the bill of rights to extend to states over time through 14th amendment
Freedom of religion
- Establishment clause (wall of separation)
- Free Exercise Clause ( free to worship or not, as long as no harm comes to others)
Free Speech/Press
- right to protest protected but depends on clear and present danger
- obscenity not protected
- libel/slander only protected if disregard for truth is proven
- symbolic speech usually protected (Texas v Johnson) (Tinker case)
Prior restraint
Attempt to limit freedom of the press by preventing material from being published
- shield laws to protect sources
4th amendment
Forbids unreasonable searches and seizures (need probable cause)
Exclusionary rule
Lawyers cant use illegally obtained evidence
Right to counsel
Accused may have counsel for defense (Gideon case)
Miranda Rule
Forbids forced self-incrimination
Suspects must be informed of rights
8th amendment
Forbids cruel and unusual punishment
Right to privacy
Implied through 1,3,4,5,9
Griswold v Ct
Established precedent for Roe v Wade
Roe v Wade
Abortion rules 9th amendment (undefined rights)
Why was a bill of rights added to the constitution?
Key states insisted on a bill of rights prior to the constitution
The question of whether it violates the constitution for a public school teacher to lead her students in a moment of silence at the start of every school day interpretation of which clause?
Establishment clause
The first case that incorporated Bill of Rights protections into state law was
Gitlow v NY
A law satisfies the establishment clause for religion if legislation?
Has a secular legislative purpose
The due process clause of the 14th amendment means that?
Legally established procedures must be used if rights and liberties are denied
