Chapter 7&8 Flashcards
personal freedoms protected from arbitrary governmental interference or deprivations
civil liberties
SC Case- First Amendment case, in which speech representing “a clear and present danger” is not protected
Schenck v. United States
SC Case- First Amendment case, in which students in public schools are allowed to wear armbands as symbolic speech
Tinker v. Des Moines Independent Community School District
SC Case- First Amendment, in which the government cannot exercise prior restraint (forbid publication ahead of time)
New York York Co v. United States
SC Case- Sixth Amendment case, in which states must provide poor defendants an attorney to guarantee a fair trial
Gideon v. Wainwright
SC Case- First Amendment case, in which requirements that AMish students attend school past the eighth grade violate the free exercise clause
Wisconsin v. Yoder
SC Case- First/Third/Fourth/Fifth/Ninth Amendments case, in which the right to privacy extends to a woman’s decision to have an abortion, though the state has a legitimate interest in protecting the unborn after a certain point and protecting a mother’s health
Roe v. Wade
SC Case- First Amendment case, in which school-sponsored religious activities violate the establishment clause
Engel v. Vitale
is the welfare or well-being of the general public
public interest
Supreme Court has ruled in landmark cases that state laws must also adhere to selective Bill of Rights provisions through the Fourteenth Amendment’s due process clause
selective incorporation
this ensures fair procedures when the government burdens or deprives an individual
due process
amendment that prohibits unlawful searches and seizures
Fourth Amendment
amendment that states “all persons born or naturalized in the United States…are citizens” and that no state can “deprive any person of life, liberty, or property, without due process of law…” (equal protection clause)
Fourteenth Amendment
nonverbal communication, such as burning a flag or wearing an armband that is protected under certain circumstances by the First Amendment
symbolic speech
the right to stop spoken or printed expression in advance
prior restraint
speech or actions that depict sexual conduct in a manner that is “patently offensive” to community standards, and lacks serious artistic, political, or scientific value, not protected by the First Amendment
obscene speech
refers to false statements in print that defame someone, hurting their reputation
libel
division between church and state
“wall of separation”
constitutional provision that prevents the federal government from establishing a national religion
establishment clause
The three-part test for Establishment Clause court cases that a law must pass before it is declared constitutional: it must have a secular (non-religious) purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
The Lemon Test
SC Case- that held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.
Miranda v. Arizona
constitutional provision that prevents governments from stopping religious practices
free exercise clause
states that evidence the government finds or takes in violation of the Fourth Amendment can be excluded from trial
exclusionary rule
A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.
Fifth Amendment
SC Case- Fourth Amendment case, in which, evidence illegally gathered by the police may not be used in a criminal trial due to the exclusionary rule
Mapp v. Ohio
when public safety is in jeopardy, police may question a suspect in custody without providing the Miranda warnings
public safety exception
SC Case- the court ruled an old anti-birth control statue in violation to the Constitution. The court therefore emphasized the right to privacy.
Griswold v. Connecticut
SC Case- it was decided that a student may be searched if there is “reasonable ground” for doing so.
New Jersey v. TLO
test to determine whether freedom of speech is protected or unprotected, based on the speech’s capacity to present a direct and immediate threat to society
clear and present danger test
requires the government to have significant reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait.
compelling government interest
SC Case- that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion
Lemon v. Kurtzman
SC case- held that the right of an individual to “keep and bear arms” protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th Amendment and applies to the states (that cannot violate said 2nd Amendment)
McDonald v. Chicago
the process by which
police or other authorities who suspect that a crime has been committed do a search of a person’s property and collect any relevant evidence to the crime; protection from illegal search and seizure is in the Fourth Amendment
search and seizure
the right to be left alone regarding personal and medical decisions, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions. Though not expressly mentioned in the Bill of Rights, could be found in the shadows of the 1st, 3rd, 4th, and 9th Amendments
right to privacy
