Exam 2 Flashcards
Areas of personal freedom constitutionally protected from government interference, three major areas
Civil liberties
First ten amendments defining personal freedoms of the constitution added by antifederalists. Contains concerns for individual rights.
Bill of rights
One of three areas of civil liberties, established the three exercise clause. Says congress shall make no law respecting an establishment of religion to create a wall of separation between church and state. Press and assembly
First amendment rights
A part of the first amendment. Establishment clause and free exercise clause. Congress cannot favor a religion
Freedom of religion
The first amendment clause that says congress shall make no law respecting an establishment of religion. Wall of separation of church and state, Congress cannot establish an official religion or favor one over another.
Establishment clause
A case of establishment clause, argued the prayer said in classroom was not a prayer the child would hear at home and was therefore a violation of the child’s freedom of religion. Banned led prayer in public schools
Engel v Vitale
First amendment clause that protect’s a citizens right to believe and practice whatever religion he or she chooses.
Free exercise clause
prohibit the federal government from burdening a person’s free exercise of religion. prohibits any agency, department, or official of the United States or any State (the government) from substantially burdening a person’s exercise of religion … except that the … burden to the person: (1) furthers a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.”
Religious freedom restoration act
Protected under the first amendment, allows people and the press to report without government intervention
Freedom of speech
consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing armbands, and burning of draft cards. It is generally protected by the First Amendment unless it causes a specific, direct threat to another individual or public ordeR
Symbolic speech
speech relating to the state, government, body politic, or public administration as it relates to governmental policy‑making, and the term includes speech by the government or candidates for office and any discussion of social issues.
Political speech
public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation
Hate speech
Speech that directly incites damaging conduct
Fighting words
the rights of students to “speak”, which may include the right to do or say something in a school setting – such as protest against actions that violate legally-protected rights – but may also include symbolic speech actions such as the wearing of armbands or graphic tees.
Student speech
refers to any speech which promotes at least some type of commerce. As established in Central Hudson v. Public Svn. Comm’n, commercial speech is less protected under the First Amendment than other forms of speech.
Commercial speech
is a landmark decision by the Supreme Court of the United States in which the Court held that speech made in a public place on a matter of public concern cannot be the basis of liability for a tort of emotional distress, even if the speech is viewed as offensive or outrageous. Westboro Baptist Church protesting a funeral
Snyder v phelps
Speech accompanied by conduct such as sit ins, picketing, and demonstration; protection of this form of speech under the first amendment is conditional
Speech plus
areas on college campuses and at certain public events, such as political conventions, specifically designated for protesters and demonstrators to exercise their right to freedom of speech
Speech zones
First amendment right, we have a right to inform
Freedom of the press
Burden on government to have no censorship from the press. Pentagon papers, court ruled the NYT had the right to publish
Prior restraint
Written statements proven to be false and meant to harm one’s reputation. Must be proven to be false and harmful
Libel
Spoken statements proven to be false and meant to harm one’s reputation
Slander
An action, freedom to associate in a democracy to organize for political, social means
Freedom of assembly
Wanted to do voter registration in Alabama and had to register with the state, who wanted a list of members. Won the case and decided any group had the right to keep their membership private
NAACP v Alabama
Small community outside Chicago populated by holocaust survivors. Skinhead group wanted to march on the anniversary of Crystal Night, the community tried to block. Won the right to march: a group cannot be banned from exercising freedom of assembly
Skokie case
4th-8th amendments, against cruel and unusual punishments
Defendant’s rights
Protects against unreasonable search and seizures by the government
Fourth amendment
Prevents criminals from testifying if they will incriminate themselves by testifying
Fifth amendment
guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
Sixth amendment
ensures that citizens’ civil cases can be heard and decided upon by a jury of their peers. The jury trial provides a forum for all the facts to be presented, evaluated impartially and judged according to the law.
Seventh amendment
Cruel and unusual punishment/excessive bail
Eighth amendment
