Chapter 4: Civil Liberties and Public Policy Flashcards
What key aspects of civil liberty are there that isn’t in Civil rights
Civil liberties are
* grounded in the Bill of Rights
* Explains the legal constitutional protections aginst the government
* Limits government power.
* Tells what the government can and can’t do.
What is the concept of limited government
Civil Liberties discusses the concept of limited government which how the government is restricted.
Civil Liberties
The constitutional and legal protections against government actions. Formally set down in the Bill of Rights
Barron v. Baltimore
Talks about how the Bill of Rights concerns only the national government, not the state or local government.
What is the Establishment Clause?
States that Congress will not support or endorse A religion
Incorporation
Concept where the Supreme Court has extended the Bill of Rights to the states.
GItlow v. New York
States that 1st amendment are fundamental rights and liberties and can’t be taken away from neither the national government nor the state government.
Free Exercise Clause
States that the government can’t interfere with the practice of religion
Lemon v. Kurtzman
States that aid provided to a church-related school must be secular and not driven to teach toward their own religion
Prior Restraint
Government actions that prevent materials from being published to the public. Supported by Near v. Minnesota
Near v. Minnesota
Decided that first amendemnt protects newspaper and other material from prior restraint.
Schneck v. United States
Declared that the government can limit speech if the speech provokes a “clear and present danger”
Roth v. United States
States that obscenity is not within the area of constitutionally protected speech or press.
Libel
Posting false and malicious statements that may damage someone’s reputation
New York Times v. Sullivan
States that to win damage suits for libel, you have to prove that the statements against them were made with malicous intent.
Texas v. Johnson
Says that symoblic speech is protected by the 1st amendment
Exclusionary rules
Evidence can’t be introduced to a court if it was obtained illegally
Mapp v. Ohio
Says that 4th amendments protection against unlawful searches and seizures extend to the states.
Right to privacy
Not specifically mentioned in the constitution
Probable Cause
In order to get a warrant or to make an arrest, you must have a probable cause or reason.
