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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
Q

Selective incorporation (Religion)

A
  • Engel V. Vitale
  • Wallace V. Jafree
  • Lemon V. Kurtzman
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26
Q

Engel V. Vitale:

A

No School Prayer

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27
Q

Wallace V. Jafree:

A

No moment of silence for prayer

28
Q

Lemon V. Kurtzman

A

Rules of using tax money on private (religious) schools

29
Q

Free Exercise Clause:

A

Guarantees the right to practice a religion of their choice.

30
Q

Conscientious Objector:

A

Person who refused to perform military service because of OPPOSITION to war based on religious beliefs

31
Q

Assembly & Petition:

A

-must be lawful and non violent

32
Q

During a petition who causes the problem?

A

The onlookers cause more problems then the protestors

33
Q

When can the state protect from assembly?

A

When they are on private property

34
Q

Can extremist groups be punished if their words are not expressly linked to actions?

A

NOOOOO

35
Q

Rights of Accused:

A

Prohibited Powers (Unconstitutional)

36
Q

Bill of Attainder:

A

Declares a person guilty without a trial

37
Q

Ex Post Facto Law

A

Makes an act criminal when it was committed legally (Illegal after the face)

38
Q

Suspension of Writ of Habeas Corpus:

A

Arresting and Imprisoning without cause

39
Q

4th Amendment:

A

Prohibits unreasonable search and seizures

40
Q

To obtain a warrant there must be:

A
  • Probable Cause

- Must describe thing to be seized

41
Q

Miranda Rights:

A

Must read a suspect their rights

42
Q

Exclusionary Rule:

A

Evidence illegally obtained can be excluded in court proceedings.

43
Q

Selective Incorporation (Search & Seizure)

A
  • Mapp V. Ohio

- Miranda V. Arizona

44
Q

Mapp V. Ohio:

A

Arrested Mapp for having obscene materials in home but warrant was looking for another suspect and his bomb make materials

45
Q

Miranda V. Arizona

A

Suspect testified without lawyer, claimed he did not know he had the right the remain silent.

46
Q

5th Amendment:

A

Rights when Accused

47
Q

Right to a Grand Jury:

A

Indictment guarantees enough evident to go to trial.

48
Q

Double Jeopardy:

A

Cant be tried for the same offense of law TWICE

49
Q

Self Incrimination:

A

Can not be forced to serve as a witness against self

50
Q

Miranda Rights:

A

Miranda V. Arizona

51
Q

Due Process:

A

Fair Procceduers for all

52
Q

Eminent Domain:

A

Private Property can’t be taken w/o just cause

53
Q

Rights when on Trial:

A

6th Amendment

54
Q

6th Amendment:

A
  • Right to a speedy and public trial
  • Right to be informed of charges
  • Right to confront witness
  • Right to counsel
55
Q

Gideon V. Wainwright: 6th Amendment

A

Florida man denied lawyer because he couldn’t afford one and the charges were state chargers. Challenged from jail and won.

56
Q

7th Amendment:

A

Jury Trial in Civil Cases (CIVIL SPOONS)

57
Q

Right to a trial jury for cases involving more than $20

A

7th Amendment

58
Q

8th Amendment:

A

Bail, Punishment

59
Q

No excessive bail, no cruel & unusual punishment

A

8th Amendment

60
Q

Is the death penalty legal if administered equally?

A

YES

61
Q

Two Stage Trial

A

Stage 1 - Decide Guilt

Stage 2 - Decide Punishment

62
Q

Right to Privacy:

A

9th Amendment

63
Q

9th Amendment:

A

Provides the basis for Civil Liberties not specifically mentioned in the constitution.

64
Q

14th Amendment:

A

Due Process Clause

65
Q

Due Process Clause:

A

No state can deprive person of life, liberty or property without due process of law

66
Q

Substantive:

A

Substance of the Law guarantees due process

67
Q

Procedural:

A

Actions of those involved guarantee due process (Police, lawyers, judges)

Unit 5 (7 decks)

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