Chapter 4: Civil Liberties Flashcards
Safeguards for those accused of crime. These rights constrain government conduct in investigating crimes, trying cases, and pursuing offenders.
Found in the 4th, 5th, 6th, and 18th amendments
Criminal Due Process Rights
Griswold V Connecticut 1965; birth control
Roe V Wade 1973; abortion
Lawrence V Texas 2003; intimate sexual activity
Landmark Supreme Court cases protected by First Amendment; right to privacy
First Amendment clause prohibiting the government from enacting laws from prohibiting an individual’s practice of religion.
Free Exercise Clause
First Amendment clause that bars the government from passing any law respecting an establishment of religion. Often interpreted as a separation of church and state.
Establishment Clause
Speech is restricted only if it goes beyond mere advocacy, or words to create a high likelihood of imminent disorder or lawlessness.
Brandenburg V Ohio
Imminent Lawless Action Test
or
Incitement Test
Government can suppress speech to avoid grave danger, even if the probability of the dangerous result was relatively remote. Established with Dennis V U.S.
Replaced by Imminent Lawless Action/Incitement Test in 1965
Clear and Probable Danger Test
Any speech that has he tendency to incite crime or disturb the public peace can be silenced.
Gitlow V NY 1925
Bad Tendency Test
4 bills passed by federalists in congress post French Revolution, signed into law by John Adams in 1798
- Criminalized all speech and writings judged to be critical of the government, congress, or president; empowered president to deport aliens suspected of threatening national security
- invoked by Lincoln post Civil War via Habeas Corpus
- invoked by Bush post 9/11; military combatants denied protections of civilian courts, tried in military tribunals
Alien and Sedition Acts
Government may silence speech or expression when there is clear and present danger that such speech will bring harm that the government has the power to prevent.
Schenck V U.S. 1919
Clear and Present Danger Test
Transfer of suspected terrorists to other nations for imprisonment and interrogation; circumvents U.S. law which requires due process and prohibits torture
Rendition
- guarantee of Habeas Corpus
- prohibition of ex post facto laws
- prohibition of bills of attainder (laws that declare guilt without trial)
Guarantee of a trial by jury in the state where the crime was committed.
Article I, section 9
Article III
Constitutionally established guarantees that protect citizen’s opinions and property against arbitrary government interference.
Civil Liberties
Legal safeguards that prevent government from arbitrarily depriving citizens of life, liberty, or property.
Guaranteed at federal level in 5th amendment, selective incorporation into states in 14th amendment
Due Process
Nonverbal speech in the form of action.
U.S. V O’Brien; burning draft cards- not protected
Tinker V Des Moines; armbands to protest war- protected
Texas V Johnson 1989; flag burning- protected
Symbolic Speech
False written statements about others that harm their reputation.
To sue: must prove malicious intent
Libel
False verbal statements about others that harm their reputation.
To sue: must prove malicious intent
Slander
Advertising statements that describe products.
-limited protection in 1st amendment
-may be restricted if the restriction seeks to implement a substantial government interest, directly advances that interest, and goes no further than necessary to accomplish it’s objective
Ex: restrictions on tobacco advertising
Commercial Speech
1914 ruling, evidence obtained illegally cannot be used in trial. Citing 4th amendment; no unreasonable searches or seizures.
Extended to states in Mapp V Ohio 1961
Exclusionary Rule; 4th Amendment
Freedoms that ensure individuals can discuss important issues facing the nation and try to agree about how to address the matters.
-solutions emerge through the competition of ideas
Marketplace of Ideas
speech- Gitlow v NY,1925 press- Near v Minnesota,1931 assembly and petition- DeJonge v Oregon, 1937 religion- Cantwell v Connecticut, 1940 -establishment clause -free exercise clause
First Amendment rights and their selective incorporation
Right to bear arms- McDonald v City of Chicago, 2010
Second Amendment rights
- bars double jeopardy and compelled self-incrimination
- right to speedy and public trial by a jury of one’s peers, confrontation of witness, legal counsel.
= Miranda v Arizona 1966; police must inform you off rights, in custody, before questioning
5th and 6th Amendment rights;
Miranda Rights
protection against cruel and unusual punishment
Furman v Georgia, 1972- executions must be humane, not painful
8th Amendment
speech that is likely to bring about public disorder or chaos; the Supreme Court has held that such speech may be banned in public places to ensure the preservation of public order
Chaplinsky v New Hampshire 1942
Fighting Words
