chp 12 Flashcards
Did the Bill of Rights impose limits on State Governments
No
What is the difference between Civil Liberties and Civil Rights?
CL granted to the individual. CR are powers or privledges that are granted
- When it comes to religion, what is the difference between the establishment clause and the free-exercise clause?
EC - prohibits law establishing religion. FEC provents the govt from interfereing with religion
Regarding the establishment clause, what is the position the US Supreme Court has consistently held?
to maintain a position of neutrality towards religions
- Does the US Supreme Court support the barring of any assistance that might incidentally aid religious institutions?
No
- How has the US Supreme Court consistently equated prayer in public schools?
with govt support of religion
Has the US Supreme Court permitted religious training in public schools during public school hours
not allowed, after hours permitted
What does the free-exercise clause of the First Amendment state
Congress shall make no law prohibiting the free exercise of religion
- When it comes to freedom of the press, what do they mean by “prior restraint
censorship before publicizing
Under what grounds can the government regulate or punish the advocacy of ideas?
prove and intent to promote lawless action and demostrate it
- What is the clear and present danger test to determining whether someone should have freedom of speech?
clear and present danger test
According to the Supreme Court, the most strict protection of free speech would not protect what behavior?
shouting fire in a movie theather
How did the Smith Act impact freedom of speech?
made it an offense to advocate or belong to a group that advocated the violent overthrow of the government
- How protected is symbolic expression or nonverbal communication when it comes to “free speech”?
less protection than pure speech
In the case Tinker v. Des Moines Independent County School District how did the Supreme Court rule regarding the students who wore black arm bands in protest of the Vietnam war?
was overturned
According to the text, the desecration of the flag of the United States can be interpreted as what kind of behavior?
Freedom of Speech
According to the Supreme Court, if there is a bedrock principle underlying the First Amendment it is what?
govt may not prohibit the expression of an idea just on the facts that people find it offensive
What did the Supreme Court have to say about desecration of the flag?
it is a freedom
According to the Supreme Court are obscene words, music, books, magazines and films protected by the Constitution?
outside boundaries
Who seems to get the job of regulating or even banning obscenity?
States
Three prong obscenity test
the United States Supreme Court’s test for determining whether speech or expression can be labeled obscene,
What standards end up being used to interpret the first and second items of the three pronged test for what is obscene?
local community standards
- What did the Supreme Court have to say about the 1996 Communications Decency Act that prohibited “patently offensive” sexual material on Internet sites accessible to those under eighteen years old?
declared unconstitutional
What is “libel”?
written deformation of character
In the Supreme Court Case New York Times v. Sullivan (1964) what did the Court rule regarding libel of public officials?
Freedom of press
became precedent
How do we define “public figures”?
people who assume roles of prominence in society. forefront in public contrvercy
What about public figures, in what circumstances are they protected from libel according to the Supreme Court
must show malice
intention to do evil
- When congress, in the Second Amendment stated “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed” what two ways has this Amendment been interpreted?
states can maintain collective malitias
rights to individual to own a gun
What three ways has the Supreme Court taken regarding the Second Amendment?
bills of attainder
ex post facto laws
obligation of contracts
What are “bills of attainder”?
a law that pronounces an individual guilty of a crime without a trial
What are “ex post facto” laws
a law that declares an action to be criminal after it has been performed
Obligations of a contract
the obligation a party has to a contract and its terms
What are the four Miranda warnings?
right to remain silent
anything you say can be used against you in court
right to talk with a lawyer
if you cant afford a lawyer one will be appointed to you
Why does the Court insist that Miranda warnings be read to the accused?
the 5th amendment. self incrimination
What does the Fourth Amendment guarantee?
the right of the people to be secure in their person, houses, papers, against unreasonable searches and seizures
What is the “exclusionary rule”?
evidence used in an illegal search can not be used in trial
What is the “good faith exception” to the “exclusionary rule
if illegally searched and evidence in obtained it can be used in trial if the illegal search was in good faith, all parties involved were to believe at the time the warrant was valid
What did the Supreme Court rule in the case of Roe v. Wade?
stated texas`s ban on abortion was unconstitutional
What did Justice Harry A. Blackmun base the majority opinion on in the decision about Roe v. Wade?
right to privacy protected by due process
What did the two dissenters, Justices Byron White and William Rehnquist have to say in criticism of the majority decision on Roe v. Wade?
judge`s statements were based off of personal values not by “constitutional compass”
What does the pluralist model provide for groups who are dissatisfied with rulings from the nation’s highest court?
little to no comfort
