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civil liberties court cases > Chapter Seven > Flashcards

Chapter Seven Flashcards

1
Q

Barron v Baltimore

A

Established a precedent that the freedoms guaranteed by the bill of rights did not restrict the state’s government, only federal government,

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2
Q

Fourteenth Amendement

A

The due process clause and the equal protection clause

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3
Q

Fourteenth Amendement

A

No state should….

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4
Q

Gitlow v New York

A

Personal rights and liberties protected by the Due process Clauss of the Fourteenth Amendement.

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5
Q

Gitlow v New York

A

Began the incorporation of the Due process Clause to extend most of the requirement of the Bill of rights to the states

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6
Q

Incorporation procces

A

Was slow and Supreme Court has used a serious of individual decisions to incorporate the bill of rights to the states

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7
Q

First amendment

A

Establishment clause and free exercise clause

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8
Q

First amendment

A

Congress shall make no law…

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9
Q

Thomas Jefferson

A

Contend that the first amendent created a wall of separation between church and state

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10
Q

Engel v Vital

A

Prayer violated the establishment clause of the first amendment as applied to the states through the fourteenth Amendement

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11
Q

Engle v Vitale

A

State sponsored prayers in public schools was an unconstitutional violation.

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12
Q

Lemon v Kurtzman

A

Declared that aid to church related school must meet the following three test.

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13
Q

No public elementary and Secondary education Act

A

Allowed the states Superintendent of public instruction to reimburse church related schools.

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14
Q

Oregon v smith

A

Supreme Court banned illegal drugs in religious ceremonies

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15
Q

Oregon v Smith

A

Religion cannot make an act legal that would other wise be illegal

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16
Q

Reynolds v United States

A

Polygamy should be overturned because it was his religion duty to marry multiple times

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17
Q

Reynolds v United States

A

Supreme Court made an important distinction between religious beliefs and religious practices

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18
Q

Reynolds v United States

A

Permitting polygamy would make professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself

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19
Q

The first and fourteenth Amendement

A

Protect freedom of speech from incursions of both the federal and state government

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20
Q

The espionage Act of 1917

A

Prohibited forms of dissent deemed to be harmful to the nation’s war effort in WWI

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21
Q

First Amendement

A

Promises freedom of speech

22
Q

Clear and present danger test

A

Created a precedent that First Amendement guarantees of the free speech are not absolute

23
Q

Brandenburg v Ohio

A

Limited the clear and present dander test by ruling that the government could punish the advocacy of illegal action of only if such advocacy is directed to incitinting or producing imminent lawless action and is likely to incite or produce such action

24
Q

Libel

A

Written defamation that falsely attacks a person’s food name and reputation

25
Q

Slander

A

Spoken defamation that falsely attacks a person’s good name and reputation

26
Q

New York Times v Sullivan

A

Rules that public figures are libelous only when they are both false and purposely malicious

27
Q

Roth v United States

A

Obscenity is not within the area of constitionallg protected speech or press

28
Q

Miller v California

A

A number of test for obscenity. Each community to implemented these test

29
Q

Symbolic speech

A

Forms of nonverbal communication such as carrying signs, wearing armbands, and burning flags

30
Q

Tinker v Independent School District

A

Rules that the school boards action violated the first and fourteenth Amendement protection of free expression

31
Q

Texas v Johnson

A

The Supreme Court ruled that the burning of the flag is a form of symbolic speech protected by the first amendent

32
Q

Prior restraint

A

Attempt to limit freedom of press by preventing material from being published

33
Q

Prior restraint

A

Is a form of censorship

34
Q

Supreme Court ruled that prior restraint

A

Is a violation of the first amendent protected of freedom of press

35
Q

Near v Minnesota and New York Times Company v United States

A

Important court cases against prior restraint

36
Q

Hazel wood school district v Kuhlmeier

A

Public school officials do have a broad power to censor school newspaper

37
Q

Writ of Habeas corpus

A

A court order directing that a prisoner be brought before a court and that court officers show cause why the prisoner should not be released.

38
Q

Writ of habeas corpus

A

Prevents unjust arrest and imprisonments

39
Q

Bills of attainder

A

is a legislative act that provides for the punishment of a person without a court trial which is prohibited.

40
Q

Ex post facto laws

A

A law applied to act committed before the law was enacted

41
Q

The fourth Amendement declares

A

The right of the people to be secure in their persons, houses, paper, and effects, against unreasonable search and seizures, shall not be violated

42
Q

The exclusionary rule prohibits

A

Evidence obtained by illegal searches or seizures from being admitted in court

43
Q

Weeks v United States

A

First established the exclusionary rule

44
Q

Mall v Ohio

A

Extended the exclusionary rules to states

45
Q

Sixth Amendment

A

The accused to enjoy the right… To have the assistance of counsel for his defense

46
Q

Gideon v Wainwright

A

The judge refused Gideon’s request for a court appointed lawyer

47
Q

Gideon v Wainwright

A

In an unanimous decision the sixth Amendement was plied to the states through the Due process Clause of the fourteenth Amendment

48
Q

Miranda v Arizona

A

Has the right to remain silent

49
Q

Justice Louise D Brandeis defined privacy

A

The right to be left alone

50
Q

Griswold v Connecticut

A

The right to privacy

51
Q

Roe v wade

A

Obtaining an abortion should be protected by the right to privacy implied by the Bill of rights

52
Q

Planned parenthood of southern Pennsylvania v Casey

A

Ruled that a state may place reasonable limits that do not place an “undue burden” on a women’s rights to have an abortion. Example : state can impose a 24 hour waiting period waiting period and required parents consent for minors.

civil liberties court cases (1 decks)

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