Crackin Ap Exam Civil Rghts/liberties Flashcards
Protections from discrimination based on race, gender, or other minority status
Civil rights
Hose protections enjoyed by all Americans from the abuse of government power
Civil liberties
Barron v. Baltimore
The bill of rights restricted the national government but not the state governments.
Gitlow v. New York
Overturned Barron v. Baltimore; state limit on speech and the press could not exceed limits allowed the national government.
What is selective incorporation?
Applying the bill of rights to state law
What right was incorporated to the states in Gideon v. Wainwright, 1963?
Right to legal coucil
What does the first amendment guarantee?
Freedom of speech, freedom of the press, freedom of petitioning the government, freedom of assembly, freedom of religion
The Supreme Court has ruled that the rights guaranteed by the first amendment may be limited ___when?
In the interest of the greater public good
What is the most famous limit on free speech?
The clear and present danger test
Which court case established the clear and preset danger test?
Schenck v. US
Who arged that a person may it falsely scream “fire” in a crowded theater, because doing so would result in panic.
Justice Oliver Wendell Holmes
Is there constitutional protection for false defamatory speech?
No
What is spoken false defamatory speech?
Slander
What is printed false defamatory speech?
Libel
What is the preferred position doctrine?
Freedom of speech is fundamental to liberty; therefore any limits on free speech must address severe, imminent threats to the nation
