Chapter 4: Civil Liberties and Public Policy Flashcards

1
Q

What key aspects of civil liberty are there that isn’t in Civil rights

A

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.

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2
Q

What is the concept of limited government

A

Civil Liberties discusses the concept of limited government which how the government is restricted.

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3
Q

Civil Liberties

A

The constitutional and legal protections against government actions. Formally set down in the Bill of Rights

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4
Q

Barron v. Baltimore

A

Talks about how the Bill of Rights concerns only the national government, not the state or local government.

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5
Q

What is the Establishment Clause?

A

States that Congress will not support or endorse A religion

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6
Q

Incorporation

A

Concept where the Supreme Court has extended the Bill of Rights to the states.

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7
Q

GItlow v. New York

A

States that 1st amendment are fundamental rights and liberties and can’t be taken away from neither the national government nor the state government.

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8
Q

Free Exercise Clause

A

States that the government can’t interfere with the practice of religion

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9
Q

Lemon v. Kurtzman

A

States that aid provided to a church-related school must be secular and not driven to teach toward their own religion

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10
Q

Prior Restraint

A

Government actions that prevent materials from being published to the public. Supported by Near v. Minnesota

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11
Q

Near v. Minnesota

A

Decided that first amendemnt protects newspaper and other material from prior restraint.

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12
Q

Schneck v. United States

A

Declared that the government can limit speech if the speech provokes a “clear and present danger”

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13
Q

Roth v. United States

A

States that obscenity is not within the area of constitutionally protected speech or press.

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14
Q

Libel

A

Posting false and malicious statements that may damage someone’s reputation

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15
Q

New York Times v. Sullivan

A

States that to win damage suits for libel, you have to prove that the statements against them were made with malicous intent.

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16
Q

Texas v. Johnson

A

Says that symoblic speech is protected by the 1st amendment

17
Q

Exclusionary rules

A

Evidence can’t be introduced to a court if it was obtained illegally

18
Q

Mapp v. Ohio

A

Says that 4th amendments protection against unlawful searches and seizures extend to the states.

19
Q

Right to privacy

A

Not specifically mentioned in the constitution

20
Q

Probable Cause

A

In order to get a warrant or to make an arrest, you must have a probable cause or reason.