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Political Science 2302 > Civil Liberties Ch.4 > Flashcards

Civil Liberties Ch.4 Flashcards

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0
Q

Areas of personal freedom with which governments are constrained from interfering

A

Civil liberties

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1
Q

*Freedom of religion
*Free exercise of religion
*Freedom of speech and of the press
*Symbolic speech, speech plus, and the rights of assembly and petition
Freedom of the press

A

The first amendment

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2
Q

The process by which different protections in the bill of rights were incorporated into the fourteenth amendment, thus guaranteeing citizens **protection from state as well as national governments ***

A

Selective incorporation

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3
Q

The first 10 amendments to the U.S. Constitution, ratified in 1971; they ensure certain rights and liberties to the people

A

Bill of rights

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4
Q

Says that “congress shall make no law respecting an establishment of religion.” This law means that a “wall of separation” exists between church and state.

A

Establishment clause

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5
Q
  • Lemon v. Kurtzman
  • Sante Fe Independent School District v. Doe (2000)
  • Elk Grov Unified School District v. Newdow (2004)
A

Establishment clause cases

1st amendment

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6
Q

Government action toward religion is permissible if it is 1.secular in purpose,

  1. neither promotes nor inhibits the practice of religion,
  2. And does not lead to “excessive entanglement” with religion.
A

Lemon test

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7
Q

Protects a citizen’s right to believe and practice whatever religion he or she chooses

A

Free exercise clause

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8
Q
  1. Reynolds v. U.S. (1879)
  2. Employment Division v. Smith (1990)
  3. Church of Lukumi Babalu Aye v. City of Hialeah (1993)
A

Free exercise clause cases

1st amendment

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9
Q

No religion

A

Secularism

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10
Q

Vietnam war case
Included obscenity and profanity on a t-shirt
Freedom of speech
Court ruled in favor of this mans’ free speech right

A

Cohen v. California (1971)

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11
Q

Wrote letters telling young men not to go to war

A

Schenck v. U.S. (1919) WWI

Alien and Sedition act

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12
Q

Wrote letters to people working in factories to strike and not make those guns and equipment for war.

A

Abrams v. U.S. (1919) WWI

Espionage act

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13
Q

Illegal to criticize US government actions
(This act makes it a crime to say or publish anything that might tend to defame or bring into disrepute the government of the US)

A

Alien and Sedition Act

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14
Q

Illegal to protest against the war

Opposing US involvement in the war

A

Espionage Act

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15
Q

Clear and present danger

A

Schenck v. U.S. (1919) WWI

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16
Q

Bad tendency

A

Abrams v. U.S. (1919) WWI

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17
Q

Determines whether speech is protected or unprotected based on the capacity to present a “clear and present danger” to society

A

Clear and present danger test

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18
Q

Vietnam war case
Received a draft card and set it on fire.
What is the name of the case? And what term or phrase describes his actions?
Who did the supreme ct rule in favor of?

A
  • Case: U.S. v. O’Brien (1968)
  • He demonstrated symbolic speech or speech plus.
  • Supreme ct. Ruled in favor of the U.S.
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19
Q

Speech accompanied by conduct such as sit-ins, picketing, and demonstrations. Protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order.

A

Speech plus

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20
Q

Case about violent speech
People did not want this racist group in neighborhood because they were scaring the citizens by their violent speech.
Supreme ct. Ruled in favor of the group saying no legal action can be taken unless the speech turns into or has to be “imminent lawless actions.”
Supreme ct. Defends his freedom of speech.

A

Bradenbury v. Ohio (1969)

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21
Q

Case about flag burning
Man protested against The Gulf War by burning a US flag at the courthouse steps in Dallas, TX.
Supreme ct ruling; this man won.
What is this case?

A

Texas v. Johnson (1989)

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22
Q

Case pertaining to Freedom of the press
Includes falsity ad during the civil war about Dr. Martin Luther King
Dr. King was arrested by an officer
There was an article in the newspaper that stated Dr. Kings’ innocent and discussing the scene and the song that was sung.
The officer claimed it/ (the song and Dr. Kings’ innocent) was malicious and false against the officer.
The supreme ct ruled it was ONLY false and NOT malicious against the officer.
The supreme ct. Ruled in favor this newspaper.

A

New York Times v. Sullivan (1964)

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23
Q

What is the term that refers to both “falsity” and “malice” when it comes to freedom of the press?
(It must include both of these elements in order to be labeled this term)
And is written

A

Libel

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24
Q

Case pertaining to a joke about a man in a magazine being depicted in such a way that was inappropriate.
The man sued the magazine saying it was false and malicious-libel
The magazines defense was just that: it was a joke
Supreme ct ruled in favor of the magazine

A

Hustler v. Falwell (1988)

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25
Q

An oral statement made in “reckless disregard of the truth” that is considered damaging to the victim because it is “malicious, scandalous, and defamatory.”

A

Slander

26
Q

A written statement made in “reckless disregard to the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory.”

A

Libel

27
Q

The second amendment guarantees an individual’s right to possess a firearm unconnected with service in militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.
Was the first Supreme Court case to decide whether the second amendment protects an individual right to keep and bear arms for self defense

A

District of Columbia v. Heller

28
Q

The second amendment right to keep and bear arms for self defense in one’s home is fully applicable to the states through the 14th amendment.
Court held that the right of an individual to “keep and bear arms” protected by the second amendment is incorporated by Due Process Clause of the 14th amendment and applies to the states.

A

McDonald v. Chicago (2010)

29
Q

What kind of liberties are, freedom of speech and freedom of religion?

A

Substantive liberties

30
Q

African American woman arrested for having pornographic pics. Police entered her house without a warrant and found these pics. Could not use pics in court because they were obtained without a warrant.

A

Mapp v. Ohio 1961
Exclusionary rule
4th amendment

31
Q

Evidence obtained illegally will not and can not be used in/admitted in court.

A

Exclusionary rule

32
Q

Doesn’t have a lawyer and can’t read goes to jail
Ruling: he has the right to counsel/ any poor dependent has the right counsel.
Not just in capital cases but also in felonies/ in all cases where people can’t afford lawyers.

A

Gideon v. Wainwrights 1963

33
Q

Case that says you have the right to remain silent

A

5th amendment
Miranda v. Arizona 1966
Self incrimination

34
Q

Gives the right to remain silent at arrest

A

Self incrimination

35
Q

In this case capital punishment was being used in an arbitrary way ( state of Georgia gave capital punishment only to African American men)

If capital punishment is used arbitrarily then it violates these two amendments?

A

Furman v. Georgia (1972)

Both 8th & 14th amendment

36
Q

Says capital punishment is not cruel and unusual punishment because we are use to it as a society!
What case & amendment?

A

Gregg v. Georgia (1976)

8th amendment

37
Q

Cruelty against children
Spanking children in schools
Supreme ct. decides spanking children is not cruel and unusual punishment.
Corpul punishment

A

Ingraham v. Wright (1977)

38
Q

Exam Q: Where in the bill of rights does it say you have the right to privacy?

A

Not in there but inferred using the 9th amendment

39
Q

Case where supreme ct. said forbidding the use of birth control violated the right of marital privacy.

Illegal to advise and prescribe birth control in Oregon

A

Griswold v. Connecticut (1965)

40
Q

Case about women’s right to personal autonomy about abortion
Women’s right to terminate unwanted pregnancy
Supreme ct. Rules in the right to abortion

A

Roe v. Wade (1973)

41
Q

Anti- sodomy laws in Texas
*Personal Autonomy principle
Supreme ct ruled in favor of privacy
No knock warrant

A

Lawrence v. Texas (2003)

42
Q

Right to privacy cases/right to personal autonomy-self governing
(9th amendment) cases:

A

Griswold v. Connecticut (1965)
Roe v. Wade (1973)
Lawrence v. Texas (2003

43
Q

Capital punishment cases:

8th amendment

A

Furman v. Georgia (1972)- 8th&14th amendment
Gregg v. Georgia (1976) only 8th
Ingraham v. Wright (1977) about children

44
Q

Rights of criminally accused cases:

A

Mapp v. Ohio (1961) 4th-exclusionary rule
Gideon v. Wainwrights (1963) 6th- right to counsel
Miranda v. Arizona (1966) self-incrimination 5th

45
Q

Right to bear arms cases:

2nd amendment incorporated with 14th-equality

A

District of Columbia v. Heller (2008)

McDonald v. Chicago (2010)

46
Q 
Free exercise 
Freedoms of speech 
Speech plus 
Freedoms of the press
Freedom of assembly and petition 
Obscenity and profanity 
Libel/slander
A

1st amendment

47
Q

Right to bear arms

Rights of the criminally accused- the 4th, 5th, 6th, and 8th make up due process

A

2nd amendment

48
Q

Freedom from unnecessary search and seizures
Exclusionary rule
No arrest without probable cause

A

4th amendment

49
Q 
Miranda rule 
Self incrimination 
Eminent domain 
Double jeopardy 
Grand juries
A

5th amendment

50
Q

Right to be informed of charges
*Right to counsel
Right to speedy trial
Right to confront witnesses

A

6th amendment

51
Q

No cruel and unusual punishment

A

8th amendment

52
Q

Quartering of soldiers

No soldier shall in time of peace be quartered in any house without the consent of the owner

A

The 3rd Amendment

53
Q

Trial by jury in civil case

A

The 7th amendment

54
Q

Freedoms stated in bill of rights not all the freedoms we have they are also implied/right to privacy

A

The 9th amendment

55
Q

Powers reserved to states or people

A

The 10th amendment

56
Q

Equal protection under the law not actually in the bill of rights

A

The 14th amendment

57
Q

4,5,6,(7),8

What do these amendments pertain to?

A

Due process

58
Q

Another word for equality/arbitrary/civil rights/discrimination

A

Due process

59
Q

Another word for freedom

In bill of rights

A

Civil liberties

60
Q

Makes sure we are not treated in an arbitrary/discriminative way

A

Procedural civil liberties

61
Q

Keeping govt. out of our lives

A

Civil liberties

62
Q

Giving govt power to step in

A

Civil rights

Political Science 2302 (1 decks)

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