Exam 2 Concepts & Clauses

Question 1

Bad Tendency

Answer 1

Does the speech have the sole purpose of advocating for people to break the law?

Question 2

Clear and Present Danger

Answer 2

The speech must impose a threat that a substantive evil might follow, and second, the threat is a real, imminent threat. Originated Schenck v. US. Overturned, Brandenburg v. Ohio.

Question 3

Imminent Lawless Action

Answer 3

The advocacy is directed to inciting or producing imminent lawless action & likely to produce such action. Originated, Brandenburg v. Ohio.

Question 4

Harmless Error

Answer 4

An error by a trial judge in the conduct of a trial that an appellate court finds was not damaging enough to the appealing party’s right to a fair trial to justify reversing the judgment, or to warrant a new trial.

Question 5

Grave and Irreparable Danger

Answer 5

If a certain message will likely cause a “grave and irreparable” danger to the American public when expressed, then the message’s prior restraint could be considered an acceptable infringement of civil liberties. Changed Grave and Probable to this in NYT v US.

Question 6

Prior Restraint

Answer 6

Judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful.

Question 7

Tinker Test

Answer 7

Speech may not be suppressed unless the school determines the speech causes a substantial disruption or material interference with school activities.

Question 8

O’Brien Test

Answer 8

The test permits laws burdening expressive conduct as long as they are narrowly tailored to further a substantial governmental interest.

Question 9

Actual Malice Standard

Answer 9

Target (public figure) of libel must show that it was made with the knowledge of or reckless disregard for its falsity.

Question 10

Exclusionary Rule

Answer 10

Evidence obtained in violation of constitutional rights is not admissible in court.

Question 11

Fruit of the Poisonous Tree

Answer 11

Extends to other evidence gained due to the illegal search

Question 12

Private Organizations

Answer 12

Must be selective and have expressive association to be allowed to discriminate.

Question 13

Can the police search my car?

Answer 13

Yes with permission if nothing is visible. They don’t need to inform you of your right to say no. Ignorance does not absolve.

Question 14

Batson Challenge

Answer 14

The act of objecting the validity of a peremptory challenge, on grounds that the other party used it to exclude a potential juror based on race, ethnicity, or sex.

Question 15

Equal Protection Clause

Answer 15

No state shall deny to any person within its jurisdiction the equal protection of the laws.

Question 16

Suspect classification

Answer 16

race, religion, national origin, and alienage. When a law or gov. action affects a group that falls under a suspect classification, strict scrutiny is applied by the supreme court.

Question 17

Amendment 1

Answer 17

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Question 18

Amendment 4

Answer 18

Protects people from unreasonable searches and seizures by the government.

Question 19

Amendment 5

Answer 19

Protects criminal defendants from having to testify if they may incriminate themselves through the testimony. A witness may “plead the Fifth” and not answer if the witness believes answering the question may be self-incriminatory.

Question 20

Amendment 14

Answer 20

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Question 21

Due Process Clause

Answer 21

Established by the 14th Amendment, guarantees that the government cannot take a person’s basic rights to “life, liberty, or property, without due process of law.” The due process right is designed to protect citizens from actions taken by state government, counties, towns, and cities.

Question 22

Strict Scrutiny

Answer 22

An extremely important government interest must be advanced in the least speech-restrictive way possible.

Question 23

Selective Incorporation

Answer 23

Not all rights in the first 10 amendments are applied to the states, the court must say so on a case by case basis. Rights that were previously not applied to the states will be incorporated into them by being brought before the Supreme Court.