Chapter Seven Flashcards
Barron v Baltimore
Established a precedent that the freedoms guaranteed by the bill of rights did not restrict the state’s government, only federal government,
Fourteenth Amendement
The due process clause and the equal protection clause
Fourteenth Amendement
No state should….
Gitlow v New York
Personal rights and liberties protected by the Due process Clauss of the Fourteenth Amendement.
Gitlow v New York
Began the incorporation of the Due process Clause to extend most of the requirement of the Bill of rights to the states
Incorporation procces
Was slow and Supreme Court has used a serious of individual decisions to incorporate the bill of rights to the states
First amendment
Establishment clause and free exercise clause
First amendment
Congress shall make no law…
Thomas Jefferson
Contend that the first amendent created a wall of separation between church and state
Engel v Vital
Prayer violated the establishment clause of the first amendment as applied to the states through the fourteenth Amendement
Engle v Vitale
State sponsored prayers in public schools was an unconstitutional violation.
Lemon v Kurtzman
Declared that aid to church related school must meet the following three test.
No public elementary and Secondary education Act
Allowed the states Superintendent of public instruction to reimburse church related schools.
Oregon v smith
Supreme Court banned illegal drugs in religious ceremonies
Oregon v Smith
Religion cannot make an act legal that would other wise be illegal
Reynolds v United States
Polygamy should be overturned because it was his religion duty to marry multiple times
Reynolds v United States
Supreme Court made an important distinction between religious beliefs and religious practices
Reynolds v United States
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
The first and fourteenth Amendement
Protect freedom of speech from incursions of both the federal and state government
The espionage Act of 1917
Prohibited forms of dissent deemed to be harmful to the nation’s war effort in WWI
First Amendement
Promises freedom of speech
Clear and present danger test
Created a precedent that First Amendement guarantees of the free speech are not absolute
Brandenburg v Ohio
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
Libel
Written defamation that falsely attacks a person’s food name and reputation
Slander
Spoken defamation that falsely attacks a person’s good name and reputation
New York Times v Sullivan
Rules that public figures are libelous only when they are both false and purposely malicious
Roth v United States
Obscenity is not within the area of constitionallg protected speech or press
Miller v California
A number of test for obscenity. Each community to implemented these test
Symbolic speech
Forms of nonverbal communication such as carrying signs, wearing armbands, and burning flags
Tinker v Independent School District
Rules that the school boards action violated the first and fourteenth Amendement protection of free expression
Texas v Johnson
The Supreme Court ruled that the burning of the flag is a form of symbolic speech protected by the first amendent
Prior restraint
Attempt to limit freedom of press by preventing material from being published
Prior restraint
Is a form of censorship
Supreme Court ruled that prior restraint
Is a violation of the first amendent protected of freedom of press
Near v Minnesota and New York Times Company v United States
Important court cases against prior restraint
Hazel wood school district v Kuhlmeier
Public school officials do have a broad power to censor school newspaper
Writ of Habeas corpus
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.
Writ of habeas corpus
Prevents unjust arrest and imprisonments
Bills of attainder
is a legislative act that provides for the punishment of a person without a court trial which is prohibited.
Ex post facto laws
A law applied to act committed before the law was enacted
The fourth Amendement declares
The right of the people to be secure in their persons, houses, paper, and effects, against unreasonable search and seizures, shall not be violated
The exclusionary rule prohibits
Evidence obtained by illegal searches or seizures from being admitted in court
Weeks v United States
First established the exclusionary rule
Mall v Ohio
Extended the exclusionary rules to states
Sixth Amendment
The accused to enjoy the right… To have the assistance of counsel for his defense
Gideon v Wainwright
The judge refused Gideon’s request for a court appointed lawyer
Gideon v Wainwright
In an unanimous decision the sixth Amendement was plied to the states through the Due process Clause of the fourteenth Amendment
Miranda v Arizona
Has the right to remain silent
Justice Louise D Brandeis defined privacy
The right to be left alone
Griswold v Connecticut
The right to privacy
Roe v wade
Obtaining an abortion should be protected by the right to privacy implied by the Bill of rights
Planned parenthood of southern Pennsylvania v Casey
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.
