Chapter Fifteen: Civil Liberties Flashcards
Civil liberties
basic freedoms and rights in Bill of Rights and 14th amendment
Fourteenth amendment
basic guarantee of civil rights and civil liberties
Dont - Due process
Eat - Equal protection
Peas - Privileges and immunities
Incorporation
SELECTIVE (not all 1st 10 amendments have been incorporated) - Barron v. Baltimore, Gitlow v. New York, Gideon v. Wainwright, 14TH AMENDMENT - process of applying the Bill of Rights to the states
Dual citizenship
Bill of Rights doesn’t apply at state level - Barron v. Baltimore - protections are differ between state and federal governments
Libel
written statement that attacks another person’s character (not automatically protected) - hard to prosecute because you have to prove premeditated malicious intent (public figures are treated differently - harder to get away with - than private figures when libel is in question)
Obscenity
not protected - determined by Miller test
Symbolic speech
Texas v. Johnson - largely protected
Right to Privacy
doesn’t appear in Constitution or Bill of Rights - reproductive rights - Griswold v. Connecticut
Roe v. Wade
legalizes certain abortions
Due process
equality before the law, 5th and 14th amendment prohibit state and federal governments from trespassing upon your rights without due process of law
Eminent domain
power to claim private property for public use
4th amendment
freedom from unreasonable search and seizure - Mapp v. Ohio
Miranda v. Arizona
incorporates fifth amendment rights at state level
8th amendment
prohibits cruel and unusual punishment - excessive fines are only part that haven’t been incorporated
Protections of civil liberties in Constitution outside of amendments
writ of habeas corpus, no bills of attainder, no ex post facto laws, trial by jury in federal courts in criminal cases, protection as citizens move from one state to another, no titles of nobility, limits on punishment for and use of the crime of treason, no religious oaths for holding public office, guarantee of republican government for all states
Writ of habeas corpus
“produce the body” - court order requiring government officials to present a prisoner in court and to explain to the judge why the person is being held - Congress can suspend habeas corpus
Ex post facto laws
a law that convicts someone who committed a crime before it was made illegal - retroactive
Bill of attainder
legislative act that punishes and individual or group without judicial trial
Barron v. Baltimore
SCOTUS ruled that Bill of Rights didn’t apply to the states
Gitlow v. New York
found guilty of breaking a New York sedition act after handing out pamphlets that supported socialism - Supreme Court ruled that his 1st amendment rights were violated and said that fundamental personal rights were protected from infringement by states in 14th amendment (incorporated the 1st amendment)
Strict scrutiny
SCOTUS test to see if a law violates equal protection - law must have compelling government and be narrowly tailored - laws reviewed under strict scrutiny are often ruled unconstitutional
Lemon v. Kurtzman and the Lemon Test
direct state aid could not be used to subsidize religious instruction - Lemon test determines if a law violates the establishment clause:
- must have secular legislative purpose
- cannot advance or inhibit a religion
- Cannot foster excessive government entanglement with religion
Engle v. Vitale
state required prayer in schools violates the establishment clause
Sedition Act of 1798
made it a crime to utter or publish anti-government statements with the “intent to defame”
Sedition Act of 1918
forbid individuals to utter, print, write, or publish language intended to incite resistance to the US government
Espionage Act of 1917
forbid false statements that intended to interfere with US military forces or materials to be mailed if they violated the law or advocated resistance to government
Schenck v. US
Schenck was a socialist who mailed circulars to young men urging them to resist the military draft - was convicted under Espionage Act of 1917 - SCOTUS upheld his conviction - differentiated language critical of government and language that was a “clear and present danger” to national security - “clear and present danger” test became standard to balance national security and freedom of speech
Griswold v. Connecticut
a doctor and family-planning specialist arrested for disseminating contraceptives - SCOTUS ruled in favor of the Dr. and Fam-planning specialist -established right to privacy
