civil liberties Flashcards
define civil liberties
protections against the govt.
civil rights
positive acts the govt. does to even the playing field
free exercise clause
allows for free worship
establishment clause
sept. of church and state
are churches, schools tax-exempt?
yes
lemon test
school funding by states
wisconsin v yodder
amish said that no education was needed after eighth grade, the amish won the case because it was based on religion
freedom of speech:
libel v. slander
you can say and write what you want but it has to be factual and credible or you can be sued
obscenity
lacks artistic value and offend people.
freedom of assembly
right to protest, attend parades, demonstrations, as long as it’s peaceful
Freedom of association
right to associate with who you want
due process
you must be treated fairly within the law
substantive
the law itself is not fair
procedure
the warrant, the ‘how’ is not fair
2nd Amendment
‘the right to bear arms’ - the right to defend yourself
3rd Amendment
prohibits the quartering of soldiers
4th amendmet
police must, accept in particular cases, posses a warrant obtained with probable cause in order to make an arrest or search for evidence
exclusionary rule
evidence obtained as a result of an illegal search cannot be used
rights of accused
5th amendment- self-incrimination
double jeopardy- can’t be tried twice for the same crime
gideon v wainwright
you have a right to an attorney if you don’t have money one will be appted. to you
