genesis lozano chp 4 Flashcards
the crown v. zenger
legal case in the colony of new york that is considered a precursor to free press provisions in the constitution. the case did not set legal precedent, but did reflect a difference between British authorities and colonists with regard to press freedoms
civil liberties
the personal guarantees and freedoms that the government cannot abridge by law,constitution, or judicial interpretation.
civil rights
the government protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals
bill of rights
the first ten amendments to the us constitution, which largely guarantee specific rights and liberties
ninth amendment
part of the bill of rights that makes it clear that enumerating rights in the constitution or bill of rights does not mean that others do not exist
tenth amendment
the final part of the bill of rights that defines the basic principle of american federalism in stating that the powers not delegated to the national government are reserved to the states or to the people
fourteenth amendment
one of three major amendments enacted after the civil war, extending “equal protection of the law” to all citizens
due process clause
clause contained in the fifth and fourteenth amendments, over the years, it has been construed to guarantee a variety of rights to individuals
substantive due process
judicial interpretation of the fifth and fourteenth amendments due to process clauses. protects citizens from arbitrary or unjust state or federal laws
sedition laws
laws that make it illegal to speak or write any political criticism that threaten to diminish respect for the government, its laws, or public officials. state sedition laws were overturned as a result of the 1925 gitlow supreme court
gitlaw v. new york (1925)
a supreme court case that extended the first amendment’s protections of freedom of speech and of the press to the state governments
incorporation doctrine
an interpretation of the constitution holding that the due process clause of the fourteenth amendment requires state and local governments to guarantee the rights stated in the bill of rights
Abraham Lincoln
Abraham Lincoln was the 16th President of the U.S. in the time of the Civil War.
abolitionists
members of the growing band of reformers who worked to abolish, or end, slavery
bill of attainder
act of legislature declaring a person or group of persons guilty of crime and punishing them without privilege of judicial trial
burger court
The US supreme court under Chief Justice Warren Burger (1969- 1986). Though not as activist as the Warren court, the burger court maintained most of the rights expanded by its predecessor and issued important rulings on abortion and sexual discrimination
clear and present danger test
interpretation by justice Oliver Wendell Holmes regarding limits on free speech if it presents clear and present danger to the public or leads to illegal actions; for example, one cannot shout “Fire!” in a crowded theater.
dejonge v. Oregon (1937)
The Court established that the right of association (assembly) was as important as other First Amendment rights and used the due process clause of the Fourteenth Amendment to apply freedom of assembly to the states.
direct incitement test
government can punish the advocacy of illegal action only if directly incites or produces “imminent lawlessness”
double jeopardy clause
After a person is charged with a crime, and if the crime is committed again they cannot be charged with the same sentence
Unless the two acts of crime were in two separate states
due process clause
A clause that provides that no person shall be deprived of “Life, liberty, or property” without due process of the law
earl warren
Chief Justice during the 1950’s and 1960’s who used a loose interpretation to expand rights for both African-Americans and those accused of crimes.
- believed that the Supreme Court should be the center for the civil rights change
eighth amendment
protection from excessive bail and cruel and unusual punishment
eighteenth amendment
This banned the sale, manufacture and transportation of alcohol
espionage act
- Under the Espionage Act, people could be punished for obstructing military recruitment, or for causing disloyalty or insubordination within the armed forces, or for conspiring to obstruct recruitment or cause insubordination.
- Also allowed the poster master general to exclude seditious material from the axial.
establishment clause
the First Amendment guarantee that the government will not create and support an official state church
exclusionary rule
A judicial rule that makes evidence obtained in violation of the US Constitution, state, or federal laws, or court rules inadmissible
ex post facto law
A law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws.
first amendment
Freedom of religion, speech, press, assembly, and petition.
fourth amendment
The Fourth Amendment protects citizens against “unreasonable searches and seizures.” It gives Americans the right to be secure in their homes and property. No police officer or other government agent can search your home or take your property without probable cause, or a valid reason.
fifth amendment
Provides that no person shall be compelled to serve as a witness against himself, or be subject to trial for the same offense twice, or be deprived of life, liberty, or property w/o due process of law
fighting words
Words that are generally expressed to incite hatred or violence from their target. A more specific definition will follow in the rule.
free exercise clause
Congress may not stop you from holding any religious beliefs you choose or having no religious beliefs at all. Government may not unfairly or unreasonably limit your right to practice any religios beliefs you wish
grand jury
The 5th Amendment requires an indictment or presentment from a grand jury.
hate speech
making cruel, hostile, or negative statements about someone based on their race, religion, national origin, disability, age, gender, or sexual orientation
lemon test
determines whether a government law or action meets the requirements of the establishment clause
libel
defamation that’s released to the public in print, photos, broadcast, internet, or exposure to a third party (like a text) that any living individual can sue for
Miranda rights
The Miranda warning, which can also be referred as the Miranda rights, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings
miranda v. arizona (1966)
Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police (Warren)
miller v. California (1973)
Established that community standards be used in determining whether material is obscene in terms of appealing to prurient interest, being patently offensive, and lacking in value.
New York times co. v Sullivan (1964)
Held that statements about public figures are libelous only if made with malice and reckless disregard for the truth.
New York times co. v. u.s. (1971)
NYT published some of the Defense Department documents/ Pentagon Papers which revealed some of the decision making during the Vietnam War. President Nixon urges to stop further publication of the documents because it would danger the national security.
occupy wall street
the name of the original protest that launched the populist anti- Wall Street movement in the late 2010 and early 2011 that protested inequality and corporate political power
planned parenthood of southern Pennsylvania v. Casey (1992)
States can regulate abortion, but not with regulations that impose “undue burden” upon women; did not overturn Roe v. Wade, but gave states more leeway in regulating abortion (e.g., 24-hour waiting period, parental consent for minors) (Ranquest)
prior restraint
Censorship which occurs in advance of publication.
Meant submitting all proposed publications to government censors who exercised considerable discretion regarding the content to be approved for publication.
right to privacy
the right to a private personal life free from the intrusion of government
roe v. wade (1973)
Landmark Supreme Court case concerning a woman’s right to have an abortion. The case originated when the woman under the alias of “Jane Roe” petitioned the U.S. District court for Nothern Texas to have an abortion. The case was appealed and eventually reached the Supreme Court. After debate, the court ruled that under the 14th ammendment, women have a right to privacy concerning their bodies, and thus abortion is a legal activity. The decision faced heavy disent from two of the seven judges, who believed that it was the states responsibility to protect the potential of live conceived through a fetus.
selective incorporation
is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights.
September 11th
On September 11, 2001, a group of Islamic terrorists, widely believed to be part of the Al Qaeda network, hijacked three commercial airliners in midair, took over the controls, and deliberately crashed them into the twin towers of the World Trade Center and the Pentagon.
sixth amendment
Right to a speedy and public trial, jury in state and district where crime was committed, informed of nature of accusations, confronted with witness against him, lawyer, and jury selection to pick advantageous jurers
slander
type of assault, imprecise and difficult to imply/pardon
symbolic speech
nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
undue burden test
An undue burden exists on woman’s right to terminate her pregnancy if a regulations purpose or effect is to place a substantial obstancle in the path of a woman seeking an abortion before the fetus attains viability.
warren court
Earl Warren as Chief Justice; had an impact on the nation comparable to that of John Marshall. Warren Court made a series of decisions that had a profound effect on the criminal justice system, the political system of the states, and the definition of individual rights.
warren e. burger
Chief Justice of the Supreme Court from 1969 to 1986, he was responsisble for bringing the Court somewhat back to the right after the Earl Warren years. He presided over major cases involving abortion, affirmative action, the death penalty, and school desegregation
whole woman’s health v. hellerstedt
Women have the right to privacy and therefore abortion, but the government may place restrictions on this. These restrictions must not place an undue burden on women or a substantial obstacle in obtaining abortion. Texas passed a law restricting abortion facilities in who they may accept and requiring them to meet the standards of surgical centers, effectively closing many Texas abortion clinics.
writ of habeas corpus
Court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the judge is not persuaded by the government’s case. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them.
