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POLISCI102 Exam 2 > Civil Liberties > Flashcards

Civil Liberties Flashcards

1
Q

What are Civil Liberties

A

Constitutionally established guarantees that protect citizens, opinions, and property against arbitrary government interference.

Allows unpopular minorities to speak their mind and act as they desire, in all, it lets people live to their preferences.

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2
Q

What are Civil Rights

A

They reflect positive acts of government (in the form of constitutional provisions or statutes) for the purpose of protecting individuals against arbitrary or discriminatory actions.

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3
Q

Habeas Corpus

A

Guaranteed in Article I, Section 9 of the Constitution which guarantees you the right of due process, to see a judge to see what you’re accused of before you’re taken away.

Lincoln suspended this during the Civil War..

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4
Q

Bills of Attainder

A

Prohibited in Article I, Section 9 of the Constitution, it prevents a certain group of people from being declared as criminals without reason.

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5
Q

Ex Post Facto Laws

A

Prohibited in Article I, Section 9; which basically states that if you are already given a consequence for anything (i.e. crime), the feds can’t go back and change the punishment.

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6
Q

Article III of the Constitution

A

Guarantees a trial by jury in the state where the crime was committed and it defines treason and how it’s only limited to the life of the person convicted, not to their heirs.

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7
Q

Substantial Civil Liberties

A

restraints limiting what the government shall have the power to do, such as restricting freedom of speech, freedom of religion, or freedom of the press

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8
Q

Procedural Civil Liberties

A

Rules regarding how the government must act.

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9
Q

Barron v. Baltimore (1833)

A

Established that the provisions of the first eight amendments applied only to the national government, not to the states

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10
Q

The Fourteenth Amendment

A

No state in the U.S. shall deprive any person of their civil rights (life, liberty, property) without due process of law. It allows equal protection under the law to all citizens, protecting their privileges and immunities.

Equal protection; due process protected; protects privileges and immunities.

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11
Q

Selective Incorporation

A

Chosen over total incorporation by the Supreme Court, a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are in the Bill of Rights.

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12
Q

Palko v Connecticut (1937)

A

The Fifth Amendment right to protection against double jeopardy is not a fundamental right incorporated by the Fourteenth Amendment to the individual states.

No double jeopardy in the states.

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13
Q

Chicago, Burlington, and Quincy R.R. v Chicago

A

1897, established Eminent Domain, which allows a government or its agent to take private property for public use, with payment of compensation.

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14
Q

Gitlow v New York

A

1925, found that the Fourteenth Amendment prohibits states from infringing free speech, but the defendant was properly convicted under New York’s Criminal Anarchy Law because he disseminated newspapers that advocated the violent overthrow of the government.

Brought the 1st Amendment to the States

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15
Q

Near v. Minnesota

A

1931, Minnesota cannot infringe on malicious material published in newspapers, as it denies the freedom of the press in the First Amendment.

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16
Q

Hamilton v. Regents of the University of California

A

1934, where students filed suit to protest mandatory military training at U.C.s on religious grounds. Court upheld the right of California to mandate that its students receive military training as permissible under the First Amendment’s free exercise of religion clause.

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17
Q

DeJonge v. Oregon

A

1937, DeJonge conviction for addressing a meeting of the Communist Party was overturned as an infringement on freedom of assembly.

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18
Q

Schenck v. US (1919)

A

Established the clear and present danger test, such yelling fire in a theater and bomb in an airport is not protected under the First Amendment.

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19
Q

What is the bad tendency test?

A

Established in Gitlow v. New York, which allows restriction freedom of speech if it poses illegal activity such as anarchy.

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20
Q

Dennis v. US (1951)

A

Established the clear and probable danger test, which established that advocates of the Communist Party and conspiring to overthrow the government are protected by the First Amendment.

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21
Q

Brandenburg v. Ohio (1969)

A

Established the imminent lawless action test, which defines the limits of freedom of speech, such as inciting violence.

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22
Q

Symbolic Speech

A

is nonverbal “speech” in the form of an action such as picketing, flag burning, or wearing an armband to signify a protest. The first amendment protects them because they do not threaten lawless action.

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23
Q

Commercial Speech

A

Advertising statements have limited protection under the First Amendment.

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24
Q

Hustler Magazine v. Falwell

A

Parodies are protected under the first Amendment in favor of Hustler Magazine, because the parody is subjective and no one would have accepted it as fact. Public figures cannot sue against parodies too.

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25
Q

Obscenity

A

Indecent or offence speech or expression, is not protected under the First Amendment.

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26
Q

Chaplinsky v. New Hampshire (1942)

A

Established that fighting words, speech that inflicts or results in public disorder and the conviction against it does not violate first amendment rights.

Fighting words not protected by the first

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27
Q

SDSU Free Expression Policy

A

Modified in 2010, for free expression purposes.

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28
Q

The Occupy Movement

A

Began in 9/17/2011, when 1000 marchers expressed their right of assembly down Wall Street and spoke out against economic inequalities and the corrupting influence of unregulated financial actors in politics. Many violations of civil liberties were conducted throughout many cities in this movement.

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29
Q

Prior Restraint

A

Means censorship - the attempt to block the publication of material that is considered to be harmful.

See Near v. Minnesota too

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30
Q

Establishment Clause

A

Congress shall make no law respecting an establishment of religion,

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31
Q

Free Exercise Clause

A

Congress shall make no law prohibiting the free exercise of any religion

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32
Q

U.S. v. O’Brien (1968)

A

O’Brien burning draft cards was not protected under the First Amendment because it was symbolic speech because it violated federal law.

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33
Q

Tinker v. Des Moines (1969)

A

Under the 14th amendment, since the 1st amendment applies to the states too, schools cannot punish a student for wearing a black armband as an anti-war protest – symbolic speech.

34
Q

Texas v Johnson (1989)

A

Flag burning protected under the First Amendment.

35
Q

What forms of speech are not protected under the First Amendment?

A

Libel - written statements
Slander - verbal statements
Obscenity
Maybe Fighting words too, depending on the situation.
Libel and slander, which are false statements that harm the reputation of an individual.

36
Q

Citizens United v Federal Elections Commissions (2010)

A

Under the First Amendment, corporate funding of independent political broadcasts in candidate elections cannot be limited.

37
Q

Miller v. California (1973) - Miler Obscenity Test

A

Established a 3-part test regarding obscenity: Checks if the work appeals to sexual interest, checks if it is prohibited by anti-obscenity law (such as child porn), and see if it lacks serious literacy, artistic, political, or scientific value.

38
Q

New York Times v. U.S. (1971)

A

Established that to exercise prior restraint, the Gov’t must show sufficient evidence that the publication would cause a “grave and irreparable” danger.

39
Q

The Religious Clauses of the First Amendment

A

The Establishment clause prevents government from supporting one religious group over another and the Free Exercise Clause allows anyone to follow any religion.

40
Q

Lemon Test

A

Checks if the state program has a religious purpose or not, checks if it promotes the advancement of the religion, and checks if it creates a link between the church and state.

41
Q

Employment Division, Department of Human Resources v. Smith (1990)

A

Two native Americans ingest peyote, a hallucinogen and stated that it was part of their religious services and were fired over it, and the Supreme Court found that States can prohibit peyote use and deny unemployment benefits to violators.

42
Q

Burwell v. Hobby Lobby (2014)

A

Hobby Lobby was owned by Christians who opposed against Obamacare having them to provide contraception to their employees but because they are not a religious entity, but a corporation, they have to abide by Obamacare.

43
Q

Criminal Due Process Rights

A

The 4th, 5th, 6th, and 8th amendments together are called this. They establish guidelines that the government must follow in investigating, bringing to trial, and punishing individuals who violate criminal law.

44
Q

Fourth Amendment

A

Prevents police from conducting any unreasonable searches and seizures.

Requires that they show probable cause that a crime has been committed before they can obtain a search warrant.

45
Q

Mapp v. Ohio (1963)

A

Established the exclusionary rule, which is a criminal procedural rule stating that evidence obtained illegally cannot be used in a trial.

46
Q

Fifth Amendment

A

Bars double jeopardy (being tried twice for the same crime) and compelled self incrimination.

47
Q

Sixth Amendment

A

Establishes the rights to a speedy and public trial, to a trial by a jury of one’s peers, to information about the charges against oneself, to the confrontation of witnesses testifying against oneself, and to legal counsel.

48
Q

Miranda v. Arizona (1966)

A

Police are required to tell you your rights as a citizen under arrest, if they fail, you free to go.

49
Q

Gideon v. Wainwright (1963)

A

Gideon was charged in violation of state law, didn’t have money, the state didn’t get him a lawyer because it wasn’t a federal case, now Supreme Court says that it exists at the state level too.

50
Q

Eighth Amendment

A

Protection against Cruel and Unusual Punishment

Lethal injection is not cruel and unusual punishment.

51
Q

Furman v. Georgia (1972)

A

U.S. Supreme Court invalidated every death penalty law because it wasn’t clear. Everyone on death row at the time just got it changed to life in prison.

52
Q

Gregg v. Georgia (1977)

A

The court approved new and improved death penalty laws. The new laws outlined what would be example of what would qualify to be killed nigga.

53
Q

Second Amendment

A

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

54
Q

DC v. Heller (2008)

A

S. Ct. ruled that the second amendment is an individual right.

55
Q

McDonald v. Chicago (2010)

A

S. Ct. incorporated the 2nd amendment to the states.

56
Q

Ninth Amendment

A

The right to privacy, the right of an individual to be left alone and to make decisions freely, without the interference of others.

57
Q

Griswold v. Connecticut (1965)

A

Arose when CT passed a law to make it illegal to sell contraceptives privately but the Supreme Court ruled that just because the bill of rights doesn’t explicitly give you privacy, doesn’t mean that it isn’t there.

58
Q

Roe v. Wade (1973)

A

Woman’s rights to abortion - 9th amendment; her right to privacy

59
Q

Bowers v Hardwick (1984)

A

Supreme Court ruled that it was allowed to have laws outlawing sodomy for homosexuals. Gays not allowed to have sex.

60
Q

Lawrence v. Texas (2003)

A

Supreme Court struct down homosexual anti-sodomy laws. Such as being homosexual isn’t a crime.

61
Q

Foreign Intelligence Surveillance Act (FISA) of 1978

A

Created a secret court because Nixon was spying on Americans using his own force. It gives government officials the right to spy on citizens if they have a legible cause.

62
Q

2008 FISA Amendment Act

A

Increased government rights to spy unwarranted searches. It made Bush’s illegal wiretapping legal in this case.

63
Q

USA PATRIOT Act (2001)

A

Allows government access to all your private information. They send a national security letter and you have to comply or you get arrested. Gag order, they don’t have to tell you that a letter was sent.

64
Q

Protect America Act (2007)

A

Allowed warrant-less surveillance and expand it drastically.

65
Q

The Detainee Treatment Act of 2005

A

Prohibits cruel, inhuman, or degrading treatment or punishment of detainees and provides uniform standards for interrogation.

66
Q

Rendition

A

Involves that transfer of custody of suspected terrorists to other nations for imprisonment and interrogation. Happened to Muslims.

67
Q

National Defense Authorization Act (2012)

A

Wrote into American law that indefinite military detention without charge or trial is now legal. Invalidates habeas corpus and all other amendments.

68
Q

Daniel Ellsberg

A

Whistleblower who wrote the Pentagon Papers, providing information on Nixon’s Watergate scandal.

69
Q

Thomas Drake

A

Whistleblower, Revealed NSA spying

70
Q

Chelsea Manning

A

Whistleblower, Wikileaks revelations, serving 35 year sentence.

71
Q

Edward Snowden

A

Whistleblower, revealed ways that the NSA is potentially violating due process rights of American Citizens, fled to Russia.

72
Q

FISA Court ruling (9/2013)

A

The National Security Agency is permitted to collect aggregated phone data under Section 215 of the Patriot Act as long as the government can show it relates to known or unknown terrorists in the United States, the court said in a heavily redacted opinion dated August 29.

73
Q

Morse v. Frederick (2007)

A

Supreme Court ruled that school officials can prohibit students from displaying messages that promote illegal drug use.

BONG HITS 4 JESUS

74
Q

Snyder v. Phelps (2011)

A

Offensive words are protected under the first amendment, especially during a funeral of a military member.

75
Q

New York Times v. Sullivan (2007)

A

Supreme Court ruled that the first amendment protects the publications of all statements, even false once, about the conduct of public officials except when made with actual malice.

76
Q

Reno v. ACLU (1997)

A

Supreme Court found that the 1996 Communications Decency Act (regulate internet porn) violates the First Amendment because of its restriction of free speech.

77
Q

West Virginia State Board of Education v. Barnette (1943)

A

Supreme Court found that forcing students to salute the flag was unconstitutional.

78
Q

U.S. v. Miller (1939)

A

Supreme Court held that the second amendment does not guarantee an individual the right to keep and bear a sawed-off double barrel shotgun because it does not have a relationship with a well-regulated militia.

Right to bear arms is only for a militia.

79
Q

Benton v. Maryland (1969)

A

S.Ct. brought the double jeopardy clause to the states.

80
Q

Berghuis v. Thompkins (2010)

A

Supreme Court found that because Thompkins did not remain silent and made a statement to the police, that the information being used was not in violation of the Miranda rights. The state court’s decision to reject Thompkin’s Miranda claim was correct.

S.Ct. said that if you don’t explicitly say that if you’re going to enforce your right to remain silent and not going to self-incriminate yourself, then anything you say will be used against you.

81
Q

Speech Plus

A

Speech that is accompanied by conduct that can be regulated by the government to preserve public order

POLISCI102 Exam 2 (5 decks)

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