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Civics > Civil Liberties > Flashcards

Civil Liberties Flashcards

0
Q

What protects against the national government

A

The first eight amendments

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1
Q

What are civil liberties

A

Personal freedoms

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2
Q

What does amendment one do

A

To text the minority or those with unpopular ideas

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3
Q

What are the five freedoms stated an amendment one

A

Speech, press, assembly, petition, religion

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4
Q

What court case nationalized the Bill of Rights and said free-speech cannot be denied without due process

A

Gitlow versus New York

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5
Q

What is The 14th amendment

A

No state can deprive a citizen of due process

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6
Q

What is a part of democracy

A

Majority rule

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7
Q

What is the reason for the freedoms in amendment one

A

Took create informed debate between majority and minority

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8
Q

What is balancing doctor

A

No First Amendment freedom is more important than the other. they must be balanced

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9
Q

What are two Supreme Court ideas

A

Balancing doctor an absolute right

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10
Q

What is absolute right

A

No one has all freedoms all the time. There is a limit on all rights. for example you cannot yell fire in a crowded theater, mob mentality ensues

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11
Q

What is the ninth amendment state

A

There is not a complete list of rights and new ones are being discovered

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12
Q

What can be changed in the Bill of Rights

A

Anything

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13
Q

What three circumstances determine if speech is protected?

A

Truth
Political speech
Press

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14
Q

What are the alien and sedition acts?

A

You cannot criticize the government. It is landmark law, and limited freedom of speech. It is no longer observed

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15
Q

What is sedition

A

Criticism of the government

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16
Q

What is the espionage act and sedition act

A

They both limit freedom of speech and protect against subversives

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17
Q

What case questioned the espionage act and sedition act?

A

Schenck versus US

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18
Q

What is the Smith act?

A

It creates peace. He can’t advocate the overserved the government, or right or imply overthrowing

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19
Q

What case questioned the Smith act and changed it to say that you can hope or want bad things for the government but not say you’ll do them

A

Yates versus US

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20
Q

What case was about the Pentagon papers?

A

New York Times versus US

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21
Q

What are Pentagon papers

A

Papers that unveiled that the US knew for years that they wouldn’t win the Vietnam War

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22
Q

Can the US government censor press

A

No

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23
Q

What is prior restraint

A

Punishment before something happens. The government can’t censor newspaper, even if it will result in damage unless it is libel

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24
Q

What is libel

A

False published statements

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25
Q

What is slander

A

False spoken statements

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26
Q

What case said students in high school can be restricted in press

A

Hazelwood versus Kuhlmeyer

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27
Q

What is the establishment clause

A

The government can’t establish religion, is open to interpretation by court

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28
Q

What has the Bill of Rights been to states?

A

Incorporated

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29
Q

What case said that it was okay to send money to students in Catholic schools. And created a three-part test to see if a church school qualified

A

Lemon versus Kurtzman

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30
Q

What case said no official prayer in school

A

Engle versus Vitale

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31
Q

What version of creationism is taught in Louisiana

A

Creation science

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32
Q

What is the free exercise clause

A

Government can’t govern practice of religion

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33
Q

What are the three parts of the Lemon versus Kurtzman test to see if the government can eat a church school through a law

A

The purpose of the law must be clearly secular, the primary purpose must neither Advance nor hinder religion, must avoid an excessive entanglement of government with religion

34
Q

What case stated Utah wanted to become a state but it couldn’t because it was created by Mormons

A

Reynolds versus US

35
Q

What is an example of the free exercise clause

A

Christian scientists don’t believe in medicine, but if necessary they can be forced to receive it

36
Q

What is blue law

A

Sunday closing laws

37
Q

What is the one who objects to drafting because of religion

A

Conscientious objector

38
Q

What case said compulsory flag saluting is not enforced

A

West Virginia Board of Education versus Barnett

39
Q

Is obscenity protected by the First Amendment

A

No

40
Q

What test tries to define obscenity. And how many parts of the test must it pass

A

The Miller test and only has to pass one part

41
Q

What case defines obscenity

A

Miller versus California

42
Q

What is obscene defined as

A

The work as a whole is intended to incite prurient interest
It is patently offensive description of a form of sexual conduct specifically dealt with in an anti-obscenity law
The work taken as a whole has select serious artistic, literary, political, or scientific values

43
Q

Who sets obscenity laws

A

Each city

44
Q

What case said you can’t send obscenities through the mail but they can be sold

A

Roth versus US

45
Q

What is not covered in the First Amendment

A

Libel and slander

46
Q

Anything that lowers your privacy lowers what

A

The chance of winning any slander or libel case

47
Q

What case said when rights collide courts decide

A

Shepard versus maxwell

48
Q

What are three things to do when rights collide

A

Change the venue, sequester the jury, issue a gag order

49
Q

What is it called when the place a court case is taking place in is changed

A

Change in venue

50
Q

What is a gag order

A

When you can’t talk to anyone about the case

51
Q

What is freedom of assembly

A

The right to protest, form a group, and keep memberships private

52
Q

What case threatened freedom of assembly and keeping membership private

A

Maxwell versus NAACP

53
Q

How are peaceful protests regulated

A

By date time and place by the government

54
Q

What is expression by conduct

A

Symbolic speech

55
Q

What are some examples of symbolic speech

A

Flag burning, wearing an armband, peace sign

56
Q

What is not considered symbolic speech

A

Policeman with tattoos and longhair

57
Q

What case said flagburning is legal means of protest

A

Texas vs. Johnson

58
Q

What case said students in and out of school are persons and possess fundamental rights and cannot be confined to protests

A

Tinker versus Des Moines

59
Q

What is it called to show expression of minority via protest

A

Demonstration

60
Q

What are the three limits of a demonstration

A

Time place and manner

61
Q

Is a corporation considered a person

A

Yes, and they have civil liberties

62
Q

What can corporations do

A

Claim freedom of speech privileges, advertise liquor/drug/contraceptive prices, advertise abortion services

63
Q

What can corporations not do

A

Advertise tobacco/hard liquor/wine on TV

64
Q

What is classified as speech

A

Symbolic, commercial, corporation, written, spoken, hate

65
Q

What is not protected as speech

A

Advertisement of hard liquor/tobacco, slander, libel, false advertising, fighting words

66
Q

What are fighting words

A

Words intended to elicit a violent response

67
Q

What is hate speech

A

Demeaning words directed to a group

68
Q

What is nationalized or incorporate mean?

A

Applying of the Bill of Rights to state

69
Q

Are there absolute rights

A

No, they must be relatives right

70
Q

What case said no prayer in schools

A

Engel vs Vitale

71
Q

What case said flagburning is legal as means of protest

A

Texas vs Johnson

72
Q

What case created a three-part test to determine if religious schools can get money from the government or not

A

Lemon versus Kurtzman

73
Q

What case said the Amish don’t have to go to school after the eighth grade

A

Wisconsin versus Yoder

74
Q

What cannot be prayed in school

A

Official, or government sanctioned prayer

75
Q

What is the right to express unpopular opinions

A

Freedom of speech

76
Q

What is reasonable fair law

A

Due process

77
Q

What is civil disobedience

A

When people deliberately violate unjust laws

78
Q

Is hate speech protected by the First Amendment

A

Yes

79
Q

Is it unconstitutional to pray in schools

A

No

80
Q

What says no law can restrict an establishment of worship

A

Establishment clause

81
Q

What is the freedom to worship freely stated in

A

Free exercise clause

82
Q

What protects someone from revealing their informational source in court

A

Shield law

Civics (10 decks)

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