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Unit 5 > Civil Liberties and Civil Rights: > Flashcards

Civil Liberties and Civil Rights: Flashcards

1
Q

Civil Liberties:

A

Protections or Safeguards that citizens enjoy against the abusive power of the government

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2
Q

Bill of Rights:

A

First 10 Amendments of the Constituion

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3
Q

At the time the bill of rights was passed it only applied to the ________________.

A

Federal Government

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4
Q

Selective Incorporation

A

Process of making the bill of rights applicable at the state level

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5
Q

How has the supreme court established the bill of rights to the states?

A

By using Court Cases

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6
Q

1st Amendment:

A

Guarantees 5 Freedoms

  • Speech
  • Press
  • Religion
  • Petition
  • Assembly
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7
Q

Types of Speech:

A
  • Pure Speech
  • Speech - Plus
  • Symbolic Speech
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8
Q

Pure Speech:

A

Speech Only

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9
Q

Speech - Plus:

A

Words + Action

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10
Q

Symbolic Speech:

A
  • Represention of ideas without words
  • Sits ins, armbands, flag burning, etc.
  • UNCONSTITUTIONAL when the mode of expression (Not the Idea) is HARMFUL
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11
Q

Selective Incorporation:

A
  • Tinker V. Des Moines: Wearing black arm bands for protest is legal under freedom of speech
  • Texas V. Johnson: Flag burning is protected under freedom of speech (symbolic)
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12
Q

Unprotected Speech Includes (Speech & Press)

A
  • Obscenity
  • Defamatory Speech
  • Pornography
  • Fighting Words (Incite Violence)
  • Seditious Speech (Treason)
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13
Q

Defamation (Speech)

A

Saying or printing things that could hurt a persons reputation

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14
Q

Is defamation protected in the 1st amendment?

A

NO

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15
Q

Libel:

A

Writing statement that defames the character of another person

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16
Q

Slander:

A

Oral (SPOKEN) Statement that defames the character of another person

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17
Q

Expectations to Freedom on Speech & Press:

A
  • Clear & Present Danger Test
  • Prior Restraint
  • Shield Laws
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18
Q

Clear and present danger test: (Exception)

A

Prohibited speech only when it would result in imminent harmful consequences.

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19
Q

Prior Restraint: (Exception)

A

Censorship before publication (Gag Orders)

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20
Q

Shield Laws: (Exception)

A

None at federal level, up to states

would protect reporters from revealing their source

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21
Q

Selective Incorporation of Exceptions to Freedom on Speech & Press:

A
  • Schenek V. U.S

- Hazelwood V. Kuhlmeier

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22
Q

Schenek V. U.S.

A

Encouraged people to avoid draft and handed out anti-war leaflets, since in war posed a threat to safety and was therefore not allowed.

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23
Q

Hazelwood V. Kulhmeier

A

Principle stopped a story before printed in the school newspaper

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24
Q

Establishment Clause:

A

Forbids congress from establishing a NATIONAL Religion

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25
Selective incorporation (Religion)
- Engel V. Vitale - Wallace V. Jafree - Lemon V. Kurtzman
26
Engel V. Vitale:
No School Prayer
27
Wallace V. Jafree:
No moment of silence for prayer
28
Lemon V. Kurtzman
Rules of using tax money on private (religious) schools
29
Free Exercise Clause:
Guarantees the right to practice a religion of their choice.
30
Conscientious Objector:
Person who refused to perform military service because of OPPOSITION to war based on religious beliefs
31
Assembly & Petition:
-must be lawful and non violent
32
During a petition who causes the problem?
The onlookers cause more problems then the protestors
33
When can the state protect from assembly?
When they are on private property
34
Can extremist groups be punished if their words are not expressly linked to actions?
NOOOOO
35
Rights of Accused:
Prohibited Powers (Unconstitutional)
36
Bill of Attainder:
Declares a person guilty without a trial
37
Ex Post Facto Law
Makes an act criminal when it was committed legally (Illegal after the face)
38
Suspension of Writ of Habeas Corpus:
Arresting and Imprisoning without cause
39
4th Amendment:
Prohibits unreasonable search and seizures
40
To obtain a warrant there must be:
- Probable Cause | - Must describe thing to be seized
41
Miranda Rights:
Must read a suspect their rights
42
Exclusionary Rule:
Evidence illegally obtained can be excluded in court proceedings.
43
Selective Incorporation (Search & Seizure)
- Mapp V. Ohio | - Miranda V. Arizona
44
Mapp V. Ohio:
Arrested Mapp for having obscene materials in home but warrant was looking for another suspect and his bomb make materials
45
Miranda V. Arizona
Suspect testified without lawyer, claimed he did not know he had the right the remain silent.
46
5th Amendment:
Rights when Accused
47
Right to a Grand Jury:
Indictment guarantees enough evident to go to trial.
48
Double Jeopardy:
Cant be tried for the same offense of law TWICE
49
Self Incrimination:
Can not be forced to serve as a witness against self
50
Miranda Rights:
Miranda V. Arizona
51
Due Process:
Fair Procceduers for all
52
Eminent Domain:
Private Property can't be taken w/o just cause
53
Rights when on Trial:
6th Amendment
54
6th Amendment:
- Right to a speedy and public trial - Right to be informed of charges - Right to confront witness - Right to counsel
55
Gideon V. Wainwright: 6th Amendment
Florida man denied lawyer because he couldn't afford one and the charges were state chargers. Challenged from jail and won.
56
7th Amendment:
Jury Trial in Civil Cases (CIVIL SPOONS)
57
Right to a trial jury for cases involving more than $20
7th Amendment
58
8th Amendment:
Bail, Punishment
59
No excessive bail, no cruel & unusual punishment
8th Amendment
60
Is the death penalty legal if administered equally?
YES
61
Two Stage Trial
Stage 1 - Decide Guilt | Stage 2 - Decide Punishment
62
Right to Privacy:
9th Amendment
63
9th Amendment:
Provides the basis for Civil Liberties not specifically mentioned in the constitution.
64
14th Amendment:
Due Process Clause
65
Due Process Clause:
No state can deprive person of life, liberty or property without due process of law
66
Substantive:
Substance of the Law guarantees due process
67
Procedural:
Actions of those involved guarantee due process (Police, lawyers, judges)

Unit 5 (7 decks)

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