Civil Liberties Flashcards
What is the Establishment Clause?
There must be a separation of church and state; the government cannot support religion or make laws that favor a religion.
What is the Free Exercise Clause?
Americans are free to practice their religion; it cannot harm others.
What is Prior Restraint?
The government cannot censor the media prior to its publication; articles that can be proven to put Americans in danger can be censored.
What does the 2nd Amendment state?
Americans have the right to bear arms; it must be in common use.
What does the 4th Amendment protect against?
Protection from illegal search and seizure; a warrant is not required when the evidence is in plain view and when there is imminent danger.
What rights does the 5th Amendment provide?
Protection from self-incrimination and double jeopardy; when you are not on trial you can be forced to testify unless it can cause charges against you.
What rights does the 6th Amendment guarantee?
Right to an attorney, to face witnesses, to know charges against you; this only applies to criminal charges.
What does the 8th Amendment protect against?
Protection from cruel and unusual punishment; it is only cruel and unusual if the punishment does not match the crime.
What was the impact of Hazelwood v Kuhlmeier?
Freedom of the press is limited in school when the school owns the newspaper.
What was the ruling in Roper v Simmons?
It is cruel and unusual punishment to execute a minor.
What did Morse v Frederick establish?
Freedom of speech is limited in schools when it involves drug-related messages.
What does Miranda v Arizona require?
The accused must be read their 5th and 6th Amendment rights.
What did Mapp v Ohio create?
Created the exclusionary evidence rule.
What was established in Tinker v Des Moines?
Students’ right to self-expression does not end at the schoolhouse gates if it does not create a disruption of the learning environment.
What did Gideon v Wainwright rule?
All criminal cases are entitled to legal defense (lawyer).
What was determined in New Jersey v. T.L.O.?
Students at school can be searched without a warrant if there is suspicion of violating school rules.
What did McDonald v Chicago affirm?
The right to bear arms that are in common use at the time applies to states.
What did Engel v Vitale rule?
Schools cannot force prayer because it violates the Establishment Clause.
What was the ruling in New York Times v United States?
Prior restraint is not allowed without proof of imminent danger.
