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US Government and Politics > Civil Liberties Unit > Flashcards

Civil Liberties Unit Flashcards

1
Q

What was the Sedition Act (1798) and what rights were in conflict?

Rights in Conflcit

A

Made it illegal to talk bad about the government

free speech (of anti-gov ppl) vs. government’s right to protect nations security

security b/c the gov feared anarchy if talking bad allowed

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2
Q

What was the Espionage & Sedition Acts (1917-18) and what rights were in conflict?

Rights in Conflict

A

Made it illegal to…
* tell lies that would harm the military,
* mail, say, or write anything against the government

free speech (of anti-gov ppl) vs. government’s right to protect nations security

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3
Q

What was the Smith Act (1940) and what rights were in conflict?

Rights in Conflcit

A

Made it illegal to promote rebellion with force or violence

free expression (of anti-gov ppl) vs. gov’s right to protect national security

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4
Q

What was the Internal Security Act (1950) and what rights were in conflict?

Rights in Conflcit

A

Communits must register with the government

free expression (of communists) vs. free speech vs. government’s right to protect nations security

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5
Q

What was the Communist Control Act (1954) and what rights were in conflict?

Rights in Conflcit

A

Made being communist illegal

free expression (of communists) vs. free speech vs. government’s right to protect nations security

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6
Q

What is the common pattern of laws made in war (what rights are usually in conflict)?

Rights in Conflict

A

Free expression of minorities vs. free speech vs. government’s right to protect nations security

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7
Q

What was the effect of immigration on how we interpret the Bill of Rights?

Cultural Conflicts

A

Immigration leads to different people with different backgrounds and views on our rights, leading to much more conflict on how to interpret and implement them

Jewish vs. Catholics - should Christ be displayed on gov bhuildings?

1st amendment, freedom to exercise (Catholics) vs. no establishment of religion (Jewish)

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8
Q

How was the Bill of Rights originally applied?

Apllying the Bill of Rights to the States

A

Only applied to the federal government

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9
Q

What amendment allowed the Bill of Rights to apply to the states?

Apllying the Bill of Rights to the States

A

14th amendment

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10
Q

What does the due process clause of the 14th amendment mean?

Apllying the Bill of Rights to the States

A

It means that the states cannot take away our rights (including life, liberty, or property) away without due process

ex. (doing proper process, going to court, giving trial, etc)

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11
Q

What does the equal protection clause of the 14th amendment mean?

Apllying the Bill of Rights to the States

A

It means all states must be fair and apply it’s laws to everyone, not just some people

ex. (can’t let white criminals off easier than black criminals)

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12
Q

Incorporation

Which 2 court cases interpreted the 14th amendment to mean that the Bill of Rights applies to the states?

Apllying the Bill of Rights to the States

A

Gitlow v. New York (1925)
* the first amendment (specifically) applies to the states

Palko v. Connecticut (1937)
* certain rights (from bill) apply to states

Reasoning: For states to have due process and equal protection (aka justice), they must protect Bill of Rights since it is so fundamental to justice

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13
Q

What does it mean for a constitutional right to be fully incorporated?

Apllying the Bill of Rights to the States

A

It means that the court believes the right is fundamental (to have due process and euqal protection) and should be applied to all states

ex. 1st amendment is considered “fundamental” by the Supreme Court, so it has been totally incorporated into the states.

So flag burning is allowed in all states because it is protected by 1st amendment.

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14
Q

What does it mean for a constitutional right to be selectively incorporated?

Apllying the Bill of Rights to the States

A

It means that the Court believes that the right isn’t fundamental (to have due process and equal protection), and is not going to force it to be incorporated

ex. 5th amendment (right to remain silent) isn’t constitutionally protected in state courts (unless the state says so), but is in all federal courts

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15
Q

When testing limits on expression…

what is the court’s preferred position?

1st amendment

A

freedom of expression > other rights (usually)

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16
Q

When testing limits on expression…

what is the court’s thoughts on prior restraint of expression?

1st amendment

A

NO PRIOR RESTRAINT!! But can punish expression after it’s been done.

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17
Q

When testing limits on expression…

what is the court’s thoughts on expression causing imminent danger ?

1st amendment

A

If expression causes a clear and present danger, it should be punished

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18
Q

When testing limits on expression…

what does it mean for the court to like neutral restrictions on expression?

1st amendment

A

Restrictions should not favor 1 group’s expression over another

(ex. can’t protect rallies by Jewish people over Catholics, or vice versa)

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19
Q

When testing limits on expression…

what does it mean for the court to like clarity in restrictions on expression?

1st amendment

A

Restrictions should clearly lay out what expression is illegal and what the punishment is

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20
Q

When testing limits on expression

what does it mean for the court’s to prefer the least restrictive restrictions on expression?

1st amendment

A

If the right to expression conflicts with another right, than the restriction of either right must be as least restrictive as possible.

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21
Q

Define symbolic speech

Symbolic speech

A

actions that show a person’s political message

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22
Q

How does the protection of symbolic speech compare to real speech?

Symbolic speech

A

Symbolic speech is protected by the 1st amendment, but not when it harms somebody (no longer symbolic).

Unlike real speech which is generally more allowed since there’s no question of if it’s real.

ex.
yes burning flag (not harming anyone)
no arson (harmful to people)
no burning draft card (harms government’s ability to draft people)

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23
Q

Describe how Schenck v. US (1919) affected the 1st amendment

1st amendment - expression

A

Limited first amendment right to free expression.

First amendment does not protect expression that causes a clear and present danger of illegal activity

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24
Q

Describe how Chaplinsky v. New Hampshire (1942) affected the 1st amendment

1st amendment - expression

A

Limited first amendment right to free expression.

First amendment does not protect “fighting words”

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25
Q

Describe how New York Times v. Sullivan (1964) affected the 1st amendment

1st amendment - expression

A

Protected first amendment right to free expression.

Only way to libel a celebrity is through actual malice (so bad mouthing them is okay as long as you’re not being evil)

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26
Q

Describe how Tinker v. Des Moines (1969) affected the 1st amendment

1st amendment - expression

A

Protected first amendment right to free expression.

Allowed students to wear anti-Vietnam wristbands as long as they don’t disrupt class

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27
Q

Describe how Miller v. California (1973) affected the 1st amendment

1st amendment - expression

A

Limited freedom of expression.

Did not protect distribution of obscene materials (porn), clarified definition of “obscene materials”

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28
Q

Describe how Texas v. Johnson (1989) affected the 1st amendment

1st amendment - expression

A

Protected freedom of expression.

Allowed symbolic speech that doesn’t harm people, specifically flag burning

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29
Q

Describe how Reno v. ACLU (1997) affected the 1st amendment

1st amendment - expression

A

Protected freedom of expression. (in the sense that laws must be clear when limiting it)

Struck down law banning “sending indecent things to minors” because it was too vague, so kinda allowed sexting minors

30
Q

Describe how FEC v. Wisconsin Right to Life (2007) affected the 1st amendment

1st amendment - expression

A

Protected freedom of expression

Allowed issue ads (ads bringing awareness to an issue), before: BCR Act banned financing for a canidate 60 days before the election, issue ads were deemed unrelated to the election so they are okay

31
Q

Describe how Citizens United v. FEC (2010) affected the 1st amendment

1st amendment - expression

A

Protected freedom of expression.

Allowed companies to spend money on ads non-canidate or party related.

32
Q

What does the free-exercise clause of the 1st amendment mean?

Church and State

A

Congress can’t ban the exercise of any religion

(do whatever you want as long as you don’t harm others)

33
Q

What does the establishment clause of the 1st amendment mean?

Church and State

A

Congress can’t make any laws respecting the establishment of a religion

(wall of seperation between church and state)

34
Q

What is the nature of the implementation of the free exercise and establishment clauses?

Church and state

A

Very complex and unclear

The court sometimes rules in favor of religions, and other times the seperation between church and state, and sides with whichever right it deems more important, making it’s behavior usually favor 1 religion over the others.

35
Q

Describe how Pierce v. Society of Sisters (1925) affected the 1st amendment

1st amendment - religion

A

free-exercise

Cannot force students to go to public schools (private religious schools are okay)

36
Q

Describe how Everson v. Board of Education (1947) affected the 1st amendment

1st amendment - religion

A

wall of seperation

Established the wall of seperation

37
Q

Describe how Zorauch v. Clauson (1952) affected the 1st amendment

1st amendment - religion

A

free-exercise (allowing)

Children can be released from school for religious instruction

38
Q

Describe how Engel v. Vitale (1962) affected the 1st amendment

1st amendment - religion

A

wall of seperation (restrictive)

no prayers (even non-religious ones) in public schools

39
Q

Describe how Lemon v. Kurtzman (1971) affected the 1st amendment

1st amendment - religion

A

wall of seperation (restrictive)

Made 3-prong test for judging government activity in religion (if it matches prongs, it’s good)

40
Q

Describe how Lee v. Weisman (1992) affected the 1st amendment

1st amendment - religion

A

wall of seperation (restrictive)

No clergy-led prayers at public school graduation (school = government)

41
Q

Describe how Santa Fe Independment School District v. Doe (2000) affected the 1st amendment

1st amendment - religion

A

Wall of seperation (restrictive)

no student led prayers at public school’s football games

42
Q

Describe how Zelman v. Simmons-Harris (2002) affected the 1st amendment

1st amendment - religion

A

wall of seperation (allowing)

Vouvher plans that help pay school bills are allowed to be given to private/religious schools too (vouchers and paying bills isn’t religious)

43
Q

Identify the 3 requirements to pass the 3 prong test

Church and State

A
  1. Strictly non-religious purposes
  2. Doesn’t harm or help any religion
  3. No excessive government involvement in religion
44
Q

What is the 1st amendment?

Know the Bill of Rights

A

Freedom of expression! (religion, speech, press, assemble, and petition)

45
Q

What is the 2nd amendment

Know the Bill of Rights

A

Right to bear arms!!

46
Q

What is the 3rd amendment?

Know the Bill of Rights

A

No quartering soldiers ! (Remember: 3’s a crowd)

This amendment isn’t talked about much because it’s not very controversial

47
Q

What is the 5th amendment?

Know the Bill of Rights

A
  • right to remain silent (includes not self-incriminating)
  • Have Grand Jury (jury for criminal cases)
  • no double jeopardy
  • due process!! (but not to states yet)

Rights when being accused of crime

47
Q

What is the 4th amendment?

Know the Bill of Rights

A

Police need a warrant!

Right to no unreasonable search and seizure without a warrant given due to probable cause of crime

48
Q

What is the 6th amendment?

Know the Bill of Rights

A
  • Speedy and public trial (jury)!!
  • Trial must be fair (Knowledge of what crime is, of witnesses against you, and a way to protect yourself in court)

Rights during trial for crime

49
Q

What is the 7th amendment?

Know the Bill of Rights

A

Lawsuits of $20+ should be given a jury

50
Q

What is the 8th amendment?

Know the Bill of Rights

A

No cruel and unusual punishments or excessive bail

51
Q

What is the 9th amendment?

Know the Bill of Rights

A

You have other rights than just the constitutional ones

52
Q

What is the 10th amendment?

Know the Bill of Rights

A

States have reserved powers

53
Q

Describe the 2 ways governments could protect people from unreasonable search, and identitfy the one the US uses

Crime and Due Process

A
  1. Allow evidence gathered through unreasonable search to be used in trial, but punish the police for finding it illegally
  2. Don’t allow illegal evidence in trial (US)
54
Q

Discuss why the Exclusionary Rule came about

A

Exclusionary rule = no illegal evidence in trials, created in order to protect people from unreasonable searches by making them worthless (Police think: even if you find good evidence through an illegal search, your evidence won’t be used = won’t do illegal searches)

55
Q

Describe the 2 situations that a police search and seizure is reasonable?

Search and Seizure

A
  1. Search warrant (need probable cause)
  2. Lawful arrest
56
Q

Describe what makes an arrest lawful

Search and seizure

A
  1. Arrest warrant
  2. Did crime in front of the police
  3. Probable cause of you doing a big crime (usually felonies)
57
Q

Describe what constitutes a voluntary confession

Confessions and self-incrimination

A

Miranda Rule:
1. Person is fully and clearly informed of right to remain silent
2. Person has an attorney (provided for free if they can’t afford one)
3. Person clearly volunteered

If confession involuntary = excluded as evidence!!

58
Q

Describe the good faith exception

Relaxing the exclusionary rule

A

“Illegal” evidence can be used if the error in gathering it is minor

ex. Police thought a door was the bedroom, but it was a pantry with a ton of illegal cocaine

Basically, the police weren’t trying to find evidence illegally, but they did

59
Q

Describe the public safety exception

Relaxing the exclusionary rule

A

If the suspect is a public safety threat, Miranda Rule does not need to be said immediately (and evidence gathered through that is valid)

ex. suspect might have a gun on him= urgent public safety threat = make sure he doesn’t have a gun before reading his miranda rights

60
Q

Describe the inevitable discovery exception

Relaxing the exclusionary rule

A

If evidence would’ve been found anyway, illegal evidence is allowed in trial

ex. Man killed child and police illegally interrogated him and found the body, but the body would’ve been found anyway so evidence was still used

61
Q

Describe the effect of the US Patriot Act (2001)

Terrorism and Civil Liberties

A

Gave the government power to investigate and prosecute people with much less restriction

Powers: Telephone taps, internet taps, spy on voice mail. grand jury info, incriminate immigrats, track money, harsher punishments for terrorist activity

ex. NSA’s warantless surveillance of people’s phone calls, messages, etc

62
Q

Describe how terrorist activity works in Court

Terrorism and Civil Liberties

A
  • People convicted of terrorism get a military tribunal (5 officers judge if they are terrorists or not)
  • Still have certain civil liberties (like ability to see evidence against them)
  • Appeals go to Court of Military Review or federal appeals court for DC, and then SCOTUS

so they can’t be captured wihtout their 6th amendment right to trial

63
Q

Describr how Mapp v. Ohio affected the 4th amendment

Crime and Due Process

A

Enforced the 4th amendment’s right to not have unreasonable searches by making the exclusionary rule which made illegal searches worthless

64
Q

Describe how Miranda v. Arizona (1966) affected the 5th amendment

Crime and Due Process

A

Protected people’s 5th amendment right to remain silent and to not self-incriminate by requiring police to inform suspects of their Miranda rights (RTRS and have an attorney) (due process = saying Miranda rights)

65
Q

Describe how Gideon v. Wainwright (1964) affected the 6th amendment

Crime and Due Process

A

Enforced the 6th amendment’s right to get assistance by counsel for trial by allowing poor people to get atttorney’s for free

66
Q

Describe how US v. Leon (1984) affected the 4th amendment

Crime and Due Process

A

Clarified the 4th amendment’s right to not be unreasonably searched by creating the good-faith exception to the exclusionary rule (which enforced illegal searches being bad by making their evidence illegal)

67
Q

Describe how Dickerson v. US (2000) affected the 4th amendment

Crime and Due Process

A

Enforced the 4th amendment by stating that the exclusionary rule can’t be altered by Congress since it’s based on the Constitution (4th amendment)

68
Q

Describe how Raoul v. Bush and Hamdi v. Rumsfled affected the 6th amendment

Crime and Due Process

A

Gave captured (alleged) terrorists the right to a trial, which is provided by the 6th amendment

69
Q

Describe how FISA affected civil liberties

Terrorism and Civil Liberties

A

FISA protected yet harmed people’s right to not have unreasonable searches.

Protected - requests to investigate (search) people must go through FISC

Harmed - permission to investigate (person is involved with foreign government) is lower then normal warrants (probable cause)

70
Q

Describe how the NSA’s mass surveillance affects civil liberties

Terrorism and Civil Liberties

A

Harms people’s right to not be unreasonably searched (no warrant needed for NSA to investigate your internet activity)

Helps government’s right to protect national security

US Government and Politics (9 decks)

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