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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
What is libel
False published statements
25
What is slander
False spoken statements
26
What case said students in high school can be restricted in press
Hazelwood versus Kuhlmeyer
27
What is the establishment clause
The government can't establish religion, is open to interpretation by court
28
What has the Bill of Rights been to states?
Incorporated
29
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
Lemon versus Kurtzman
30
What case said no official prayer in school
Engle versus Vitale
31
What version of creationism is taught in Louisiana
Creation science
32
What is the free exercise clause
Government can't govern practice of religion
33
What are the three parts of the Lemon versus Kurtzman test to see if the government can eat a church school through a law
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
What case stated Utah wanted to become a state but it couldn't because it was created by Mormons
Reynolds versus US
35
What is an example of the free exercise clause
Christian scientists don't believe in medicine, but if necessary they can be forced to receive it
36
What is blue law
Sunday closing laws
37
What is the one who objects to drafting because of religion
Conscientious objector
38
What case said compulsory flag saluting is not enforced
West Virginia Board of Education versus Barnett
39
Is obscenity protected by the First Amendment
No
40
What test tries to define obscenity. And how many parts of the test must it pass
The Miller test and only has to pass one part
41
What case defines obscenity
Miller versus California
42
What is obscene defined as
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
Who sets obscenity laws
Each city
44
What case said you can't send obscenities through the mail but they can be sold
Roth versus US
45
What is not covered in the First Amendment
Libel and slander
46
Anything that lowers your privacy lowers what
The chance of winning any slander or libel case
47
What case said when rights collide courts decide
Shepard versus maxwell
48
What are three things to do when rights collide
Change the venue, sequester the jury, issue a gag order
49
What is it called when the place a court case is taking place in is changed
Change in venue
50
What is a gag order
When you can't talk to anyone about the case
51
What is freedom of assembly
The right to protest, form a group, and keep memberships private
52
What case threatened freedom of assembly and keeping membership private
Maxwell versus NAACP
53
How are peaceful protests regulated
By date time and place by the government
54
What is expression by conduct
Symbolic speech
55
What are some examples of symbolic speech
Flag burning, wearing an armband, peace sign
56
What is not considered symbolic speech
Policeman with tattoos and longhair
57
What case said flagburning is legal means of protest
Texas vs. Johnson
58
What case said students in and out of school are persons and possess fundamental rights and cannot be confined to protests
Tinker versus Des Moines
59
What is it called to show expression of minority via protest
Demonstration
60
What are the three limits of a demonstration
Time place and manner
61
Is a corporation considered a person
Yes, and they have civil liberties
62
What can corporations do
Claim freedom of speech privileges, advertise liquor/drug/contraceptive prices, advertise abortion services
63
What can corporations not do
Advertise tobacco/hard liquor/wine on TV
64
What is classified as speech
Symbolic, commercial, corporation, written, spoken, hate
65
What is not protected as speech
Advertisement of hard liquor/tobacco, slander, libel, false advertising, fighting words
66
What are fighting words
Words intended to elicit a violent response
67
What is hate speech
Demeaning words directed to a group
68
What is nationalized or incorporate mean?
Applying of the Bill of Rights to state
69
Are there absolute rights
No, they must be relatives right
70
What case said no prayer in schools
Engel vs Vitale
71
What case said flagburning is legal as means of protest
Texas vs Johnson
72
What case created a three-part test to determine if religious schools can get money from the government or not
Lemon versus Kurtzman
73
What case said the Amish don't have to go to school after the eighth grade
Wisconsin versus Yoder
74
What cannot be prayed in school
Official, or government sanctioned prayer
75
What is the right to express unpopular opinions
Freedom of speech
76
What is reasonable fair law
Due process
77
What is civil disobedience
When people deliberately violate unjust laws
78
Is hate speech protected by the First Amendment
Yes
79
Is it unconstitutional to pray in schools
No
80
What says no law can restrict an establishment of worship
Establishment clause
81
What is the freedom to worship freely stated in
Free exercise clause
82
What protects someone from revealing their informational source in court
Shield law

Civics (10 decks)

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