Civil Liberties/Supreme Court Cases (Part of Final) Flashcards
Define civil liberties
- Protections against the government
- Guarantees the safety of persons, opinions, and property from the arbitrary acts of government
Define civil rights
- The rights of individuals to receive equal treatment and to be free from discrimination in a number of settings and based on certain legally protected characteristics
Define relativity of individual rights
- “I have the right to swing my fist, nut that right ends at the tip of your nose”
- I have the right to do what I want as long as it doesn’t affect anyone else
When rights conflict, which right takes priority?
- Decided on a case by case basis
- To be free from outside bias (ie. the press like in the “fugitive case) is a necessity
What is the importance of the 14 amendment?
- The concept of selective incorporation (extends federal protection to the states)
- Equal protection clause: everybody is supposed to be treated equally within the law
What are the parts of the 14 amendment?
- Due process clause: life, liberty, or property cannot be deprived without due process
- Procedural: the step by step procedure in law that has to be followed
- Substantive: if something is deemed unconstitutional, you can no longer be punished
What is clear and present danger?
Speech that causes danger to individuals or the country as a whole (1st amendment)
What is the establishment clause?
The government cannot establish a religion or keep you from establishing one
What is the Lemon Test and what are its parts?
To help define when someone violates the Establishment Clause
- Primary purpose should be secular
- Must avoid an excessive entanglement of government and religion
- Its primary effect should neither help nor inhibit religion
What is the free exercise clause?
I can believe whatever I want until it hits someone in the face
What is libel?
False and maliciously written material
What is slander?
False and maliciously spoken material
What is prior review?
To monitor what is being printed before it is published (illegal)
What is prior restraint?
Preventing someone from doing something before they do it (illegal)
What is symbolic speech?
Non-verbal speech (protests, giving money to candidates)
What is the exclusionary rule (4th amendment)
Evidence illegally obtained cannot be used in court, no matter how incriminating
What is probable cause?
Must follow the reasonable person standard
What is the Miranda Rule? (5th and 6th amendment)
- Must be stated
- Right to remain silent (prevents testifying against self)
- Right to cousel
What are the bail and death penalty rules? (8th amendment)
- No excessive bail
- Must fit the crime
- No cruel and unusual punishment (according to SCOTUS, death penalty isn’t)
What is the importance of the ninth amendment?
There are more rights that you have than are listed in the constitution
What is the ruling on affirmative action?
Certain forms have been upheld, but others have not been allowed (decided on a case by case basis)
What are shield laws?
Protects reporters from revealing their source (state laws only)
What does “content neutral” mean?
- Permit system: system must be applied regardless of content
- Content-neutral regulations are also called “time, place and manner restrictions,” as the regulation seeks not to limit any particular type of speech, but merely to regulate the circumstances under which the speech may take place.
What is the right of association?
Right to belong to whatever group you want
What is police power?
The states’ ability to enforce their own laws
What is a bill of attainder?
A bill that directly punishes someone (illegal)
What is habeas corpus?
The right to a speedy and public trial
What is full faith and credit?
Legal documents are valid from state to state
What are privileges and immunities
Equal treatment of citizens from one state to another (excluding college and taxes)
What is ex post facto?
You can’t punish someone for something that was legal when they did it
Marbury vs. Madison, 1803
Established judicial review
McCulloch vs. Maryland, 1819
- States can’t tax the federal government
- The federal government does have implied powers
Bethel School District vs. Fraser, 1986 (1st amendment - Freedom of Speech)
Speech can be limited if it disrupts or distracts from educational process
Schenck V. United States, 1919 (1st amendment - Freedom of Speech)
Speech can be limited if it causes a clear and present danger
The draft is part of which amendment?
13th
Hazelwood School District vs. Kuhlmeier, 1988 (1st amendment - Freedom of Press)
School district has the right to decide whether or not writing impacts educational process
Edwards vs. South Carolina, 1963 (1st amendment - Freedom of Assembly and Petition)
There has to be a connection between speech given and resulting violence (protects unpopular speech)
Texas vs. Johnson, 1989 (1st amendment - Freedom of Expression)
Symbolic speech and flag burning are protected
Tinker vs. Des Moines Public Schools, 1969 (1st amendment - Freedom of Expression)
Student speech is protected as long as it does not disrupt or distract from the educational process
West Virginia Board of Education vs. Barnette, 1943 (1st amendment - Freedom of Religion/Separation of Church and State)
You do not have to participate in the Pledge of Allegiance because of the Establishment Clause
Lemon vs. Kurtzman, 1971 (1st amendment - Freedom of Religion/Separation of Church and State)
Gave us the Lemon Test (to determine when things violate the establishment clause)
New Jersey vs. TL0, 1985 (4th amendment)
In schools, the standard for searching is “reasonable suspicion” not “reasonable doubt”
Nix vs. William, 1984 (4th amendment)
You can still use illegally obtained evidence if it was going to be found anyway
Miranda vs. Arizona, 1966 (5th and 6th amendment)
A person in custody must be informed of their rights prior to interrogation or conviction
Gideon vs. Wainwright, 1963 (6th amendment)
Under the 14th amendment, states are required to provide counsel for criminals who are unable to pay for their own lawyer
Wilkins vs. Missouri, 1989 (8th amendment)
At the time of decision, whether or not a minor aged 16 or 17 should be sentenced to death is left up the states
Roe vs. Wade (9th amendment)
- Due process clause extends to pregnancy and the rights to terminate a pregnancy
- Abortion may be prohibited in the third trimester, except when necessary for the wellbeing of the mother
Korematsu vs United States (14th and 5th amendment)
Exclusion order is constitutional
Brown vs. Board of Education of Topeka, 1954 (14th amendment)
Separate public schools for black and white students are unconstitutional
Regents of the University of California vs. Bakke, 1978 (Affirmative Action)
Affirmative Action upheld
South Dakota vs. Dole, 1986 (Drinking Age)
Encouraging uniformity in states’ drinking ages was constitutional and promoted the general welfare
