Chapters 4/5 Test Flashcards
Bill of Rights
First 10 Amendments to the Constitution 1. RAPPS 2. Right to Bear Arms 3. Quartering Soldiers 4.Unreasonable Searches/Seizures + Warrants 5. Self-Incrimination, Double Jeopardy, Right to Jury, Eminent Domain, 6. 7. 8. 9. 10.
Barron v. Baltimore
1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, to the states and cities
Gitlow v. New York
1925 Supreme Court decision holding that freedoms of press and speech are “fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states” as well as by the federal government
14th Amendment
Adopted after the Civil War; states that “No State shall make or enforce any law which shall abridge the privileges or immunities of cities of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Due Process Clause
part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, and property by the United States or state governments without due process of law
incorporation doctrine
the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment
selective incorporation
?
establishment clause
part of the First Amendment stating that “Congress shall make no law respecting an establishment of religion”
Lemon v. Kurtzman
1971 Supreme Court decision 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
Engel v. Vitale
1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by new York’s schoolchildren
Abington v. Schempp
1963 Supreme court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion
Employment Division v. Smith
decision that allowed state to deny unemployment benefits to worker fired because of illegal drug use for religious purposes
Reynolds v. US
polygamy is illegal even if for religion
Wisconsin v. Yoder
parents can refuse to send their kids to school past 8th grade for religious reasons
pure speech
legit speech
symbolic speech
nonverbal communication
Texas v. Johnson
1989 case in which the Supreme kurt struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment
clear and present danger
freedom of speech can be limited if there is a clear and present danger; established in Schenck v. US
Bad Tendency Doctrine
Gitlow v. New York; if speech has bad tendency to cause harm then it can be limited
Schenck v. US
1919 Supreme decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I; government can limit speech if the speech provokes a “clear and present danger” of substantive evils
slander
spoken defamation
libel
the publication of false or malicious statements that damage someone’s reputation
NYT v. Sullivan
1964 Case established the guidelines for determining whether public officials and public figures could win damage suits for libel; individuals must prove that the defamatory statements were made with “actual malice” and reckless disregard for the truth
