Chapter 4: Civil Liberties And Public Policy Flashcards
Barron v. Baltimore
The bill of rights and states
SCOTUS case decision holding that the Bill of Rights restrained only the national government not the states and cities
almost a century later the court first rolled and Gitlow v. New York that state governments bus respect some First Amendment rights
Gitlow v. New York
The bill of rights and states
1942 case holding freedoms of press and religion are fundamental personal rights and liberties protected by due process clause of the 14th amendment from impairment by states and local gov’t
14th amendment
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without –due process of law–; nor deny to any person within its jurisdiction the –equal protection– of the laws.
Selective incorporation
A judicial doctrine whereby most but not all of the protections found int he Bill of Rights are made applicable to the states via the Fourteenth Amendment
10 amendments
Study old cards for bill of rights
Lemon v. Kurtzman
Establishment clause
Scotus decision that established that aid to church related schools must
1. have secular legislative purpose
2. have a primary effect that neither advances nor inhibits religion
3. does not foster excessive government entanglement with religion
Engel v. Vitale
Establishment clause
Scotus decision holding that state officials violated the First Amendment when they wrote a prayer to be recited in New York’s schools
Abington v. Schempp
Establishment
Scotus decision holding that a Pennsylvania law requiring voluntary Bible reading in schools violated the establishment clause
Employment devision v. Smith
Free exercise-
Allowed to prosecute for Illegal drugs in religion
Decided that what state laws interfering with religious practices, but not specifically aimed at religion, are constitutional as long as it does not ban religious practices because they are engaged in for religious reasons
Reynolds v. US
Free exercise
Polygamy is unconstitutional for religion
Wisconsin v. Yoder
Free exercise
Drop out of school
Court held that individual’s interests in the free exercise of religion under the First Amendment outweighed the State’s interests in compelling school attendance beyond the eighth grade.
Pure speech
Spoken or written words
Texas v. Johnson
Symbolic speech
Scotus struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment
Gitlow v. New York- Freedom of speech v. National security and public order
Freedom of speech v. National security and public order
Tendency to cause harm
state may forbid both speech and publication if they have a tendency to result in action dangerous to public security, even though such utterances create no clear and present danger.
Schenck v. U.S.
clear and present dangers
Scotus decision upholding the conviction of a socialist who had urged young men to resist the draft in World War
Held the government can limit speech if it provokes a clear and present danger of substantial evils
Band tendency doctrine
interpretation of the first amendment that would allow the congress or state legislatures to prohibit or limit speech or expression that had the tendency to cause or incite illegal activity.
NYT v. Sullivan
Defamatory Speech
Scotus established guidelines for determining whether public officials and public figures could wind damage suits for libel
to do so individuals must prove that the defamatory statements were made with actual malice and reckless disregard for the truth
Roth v. U.S.
Obscenity
Scotus decision ruling that obscenity is not within the area of constitutionally protected speech or press
(Very subjective)
Miller v. California
Obscenity
Scotus decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a prudent interest and being patently offensive and lacking in value
Near v. Minnesota
Freedom of press v. National security & prior restraint
Scotus decision holding that the First Amendment protects newspapers from prior restraint
Zurcher v. Standford Daily
Freedom of Press v. National security
Scotus decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press
Tinker v. Des Moines
Students expression rights
held that the students did not lose their First Amendment rights to freedom of speech
In order to justify the suppression of speech, the school officials must be able to prove that the conduct would “materially and substantially interfere” with the operation of the school.
Bethel v. Fraser
Students expression rights
First Amendment did not prohibit schools from prohibiting vulgar and lewd speech since such discourse was inconsistent with the “fundamental values of public school education.”
Morse v. Frederick
Students expression rights
“Bong hits 4 Jesus”
school officials can prohibit students from displaying messages that promote illegal drug use.
Hazelwood v. Kuhlmeir
Students expression rights
Principle deletes articles
schools retained the right to refuse to sponsor speech that was “inconsistent with ‘the shared values of a civilized social order.’”
Federal communication commission FCC
Regulates the content nature and very existence of radio and television broadcasting in the United States
radio and television stations need licenses
Commercial speech
Communication in the form of advertising it can be restricted more than many other types of speech but has been receiving increased protection from the supreme court
Federal Trade Commission
Decides what kinds of goods may be advertised on the radio and television and regulates the content of such advertising
responds to changes in social Moore’s and priorities (ex) tampon commercials)
Right to peaceably assemble and limitations
First amendment
Within reasonable limits (called time place and manner restrictions) freedom of assembly includes the right to parade, picket, and protest
whatever a groups cause is
no spontaneous demonstration- they must have a permit
Police must be able to prevent disruption
Snyder v. Phelps
Assembly
The Court held that the First Amendment shields those who stage a protest at the funeral of a military service member from liability.
NAACP v. Alabama
Freedom to associate (who share a common interest)
The Supreme Court protected the right to assemble peaceably in this case and it decided that the NAACP did not have to reveal its membership list and subject its members to harassment
DC v. Heller
Right to Bear Arms
Second amendment protects an individual right to possess a firearm unconnected with service and a militia and to use that arm for traditionally lawful purpose such a self-defense (heller)
Exigent circumstances
- if someone is injured or threatened and hot pursuit
- some ariel searches
- random intoxication tests
- drug dogs
- stop and frisks
Weeks v. U.S
Created and applied Exclusionary rule
Mapp. V. Ohio
Exclusionary (applied to states)
Scotus decision ruling that the fourth amendment protection against unreasonable searches and seizures must be extended to the states is most of the federal government under the 14th amendment
USA Patriot Act
Strengthens the federal government’s power to conduct surveillance, perform searches, and detain individuals in order to combat terrorism.
Miranda v. Arizona
Self incrimination
The Scotus decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect the right to counsel
Double jeopardy
Being accused and put on trial of a crime twice
Gideon v. Wainwright
Right to counsel (applied to states)
Scotus decision holding that anyone accused of a felony where imprisonment may be imposed, however poor here she might be, has the right to a lawyer
Plea-bargain
A bargain struck between the defendants lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime or fewer crimes in exchange for the states promise not to prosecute the defendant for a more serious or additional crime
Terrorists rights
Right to be presented with the trials against them
Furman v. Georgia
Eighth amendment
Overturned George’s death penalty loud because the state and post the penalty in a freakish and random manner
Gregg v. Georgia
Eighth amendment
Scotus decision that upheld the constitutionality of the death penalty stating it is an extreme sanction for the most extreme of crimes
the court did not therefore believe that the death sentence constitutes cruel and unusual punishment
McCleskey v. Klemp
Eighth amendment
Scotus decision that upheld the constitutionality of the death penalty against charges that it violated the 14th amendment because minority defendants were more likely to receive the death penalty then were white defendants
(No evidence for discrimination)
Difficulties for death row inmates
Evidence of racism and discrimination
Made it difficult to file petitions
Allowed victim impact statements
DNA evidence Impact
Has been used to prove many inmates on death row innocent
Griswald v. Connecticut
Privacy
Various portions of the Bill of Rights cast pre-numerous or shadows unstated liberties implied by the explicitly stated rights protecting a right to privacy including a right to family planning between husband-and-wife
Roe v. Wade
Privacy and abortion
SCOTUS decision holding that a state band on all abortions was unconstitutional
forbade state control over abortions during the first trimester pregnancy permitted states to limit abortions to protect the mothers house in the second trimester
permitted states protect the fetus during the third trimester
Planned Parenthood v. Casey
Privacy- abortion
A case in which the Supreme Court loosened it standard for evaluating restrictions on abortion from one of strict scrutiny of any restraints on the fundamental right to one of undue burden the permits considerably more regulation
24 hour waiting period, parental or judicial consent, doctors must inform of risks
Protect women’s access to clinics
Congress passed the freedom of access to clinic entrances act which makes it a federal crime to intimidate abortion providers or women seeking abortions
in 2000 it up held at 100 foot buffer zone
