CIVIL LIBERTIES Flashcards
What are civil liberties, and where are they found in the Constitution?
They are personal freedoms that the federal government cannot infringe upon that are found in amendments 1-9.
What does the 14th amendment include?
the Due Process clause and the Privileges or Immunities clause
What does the Due Process clause state?
A person cannot be deprived of life, liberty, or property without due process of law.
What was the result of Gitlow v. New York?
the Freedom of Speech was incorporated into the states
What does the establishment clause state?
the government cannot endorse religion(s)
What was the Lemon Test, and what are its three parts?
It was the former standard for secular law and states that federal law must:
1. have secular legislative purpose
2. neither promote nor inhibit religion
3. not excessively entangle the government with religion
What was ruled in Kennedy v. Bremerton School District?
SCOTUS ruled that Kennedy did not violate the Establishment clause by praying after his games, and preventing him from praying would violate the Free Exercise clause.
What was ruled in Engel v. Vitale?
Public schools cannot facilitate prayer, including nondenominational.
What is important about Lee v. Weisman?
Its ruling emphasized the presence of coercion in religious acts taking place at public school/public school events.
Facilitated prayer during a middle school graduation is not allowed while facilitating prayer during a high school graduation is.
Is a student-initiated religious act that is optional and secluded allowed under the Establishment clause?
Yes
Is unsecluded religious activities during school hours allowed under the Establishment clause?
No
Is public staff encouraging/discouraging religion allowed under the Establishment clause?
No
Is leading denominational prayer in school allowed under the Establishment clause?
No
Is brief advertising of a religious group allowed under the Establishment clause?
Yes
Is a quick, spontaneous, personal religious act allowed under the Establishment clause?
Yes
Is encouraging religious acts/religion as an authoritative figure allowed under the Establishment clause?
No
What does the Free Exercise clause state?
The government cannot stop a person from practicing their religion.
What does the freedom of speech not cover?
speech that threatens public order, national security, and the right to a fair trial
What does the imminent lawless action test state?
Engaging in speech aimed at/likely to produce imminent lawless action is not protected.
What does the bad tendency test state?
Engaging in speech that has a tendency to induce illegal behavior is not protected.
What does the clear and present danger test state?
Engaging in speech that presents an immediate and urgent danger is not protected. This test is not currently used.
What are the requirements for speech to be considered libel/slander?
- must be seen/heard
- must be defamatory, false, and believable
- must be witnessed by a third party
What does a public figure/official need to additionally prove for speech against them to be considered libel/slander?
They must prove that the offender had actual malice and knew/should have known that substance of libel/slander is false.
