chapter 4- Civil Liberties and Public Policy Flashcards
Bill of rights
The first 10 Amendments outlining out civil liberties. (E.g. Freedom of religion, speech, and press and guarantee defendants’ rights)
First Amendment
Outlines freedom of the press, speech, religion, and assembly.
14th Amendment
(Adopted after Civil War) outlines the idea that people’s right shall never be taken away by any means without due process, everybody deserves the equal amount of rights.
Due process clause
Part of 14th amendment- says a person can be discriminated in any way without due process of law
Incorporation doctrine
The Supreme Court made the idea of the 14th Amendment applicable to everyone
Establishment clause
Part of First Amendment - says congress cannot make a law that hinders our freedom of religion
Prior restraint
When the gov’t does not allow material from being published (not allowed by first amendment and was confirmed in NEAR V MINNESOTA)
Libel
The publication of shady things that can ruin someone’s reputation
Symbolic speech
Things you do to make a point such as wearing a swastika in public, or wearing the KKK uniform, or burning a flag. You will be protected under the first amendment.
Commercial speech
Communication in the form of advertising, which can be restricted more than many other types of speech
Problem cause
The situation where the police have a reasonable suspicion for whether they should be arrested
Unreasonable searches and seizures
Prohibited by the 4th amendment - does not allow anybody to search or take your property, unless they have a search warrant
Search warrant
A court authorization letting them search you
Exclusionary rule
If this evidence wasn’t constitutionally mentioned then it does not exist… ( eg no search warrant, no evidence )
Fifth Amendment
Protection against crimes such as double jeopardy, self incrimination, and punishment w/o due process