Individual Rights and Liberties- First Amendment Flashcards
Amendment
A change made to the Constitution.
Ratify
Sign or give formal consent to (a treaty, contract, or agreement), making it officially valid.
Bill of Rights
The first ten Amendments to the U.S. Constitution.
Balancing Test
It is up to the courts to determine whose rights are restricted.
Strict Scrutiny
To limit a right, a law must have compelling governmental interest and go no farther than necessary in limiting those rights.
Content-Neutrality
Regulation on ANY and ALL speech (religion, assembly, etc.), regardless of what it says.
Vagueness
The law restricting speech must be clear enough for a reasonable person to understand.
Overbreadth
The law cannot be so broad that they also ban lawful speech.
Obscenity
Speech promoting, or regarding sex, or nudity in a lewd or offensive manner as defined by the Miller Test.
Miller Test
The balancing test from Miller v. California (1973).
Prurient
And unwholesome, unusual, or immoderate interest in sex.
Defamation
False expression about a person that damages that persons reputation.
Slander
Spoken defamation.
Libel
Written defamation.
Actual Malice Test
A person or publication makes a statement about a public figure “with knowledge that it was false, or with reckless disregard of whether it was false, or not.” To recover damages, a public figure must show clear and convincing evidence that it occurred.
Exception to Actual Malice in Defamation
If the statement was obvious to a reasonable person that it could not be stating actual facts, it is not actual malice.
Fighting Words
Words that are spoken, face-to-face, that are likely to cause an imminent breach of peace between the speaker and the listener.
Incitement
When the speaker urges the audience to take illegal action and the audience is likely to respond, the speech is not protected.
True Threat
When a speaker states a serious expression of an intent to commit an act of unlawful violence to a particular individual the speech is not protected.
Hate Crime
A crime, typically one involving violence, that is motivated by prejudice on the basis of race, religion, sexual orientation, or other grounds.
Public Forum
A place that has a long-standing use for the free exercise of the right of speech, public debate, and assembly.
Non-Public Forum
Forums for public speech that are neither traditional nor designated public forums.
Establishment Clause
The first religious clause of the First Amendment, that says Congress shall make no law respecting an establishment of religion.
Free Exercise clause
The second religious clause of the First Amendment this says Congress shall make no law prohibiting the exercise thereof.
Secular
Denoting, attitudes, activities, or other things they have no religious or spiritual basis.
Lemon Test
A three-part test that is commonly used to determine whether a government’s treatment of a religious institution constitutes “establishment of a religion.”
Vulgar
Making explicit in offensive reference to sex or bodily functions.
Reasonableness
Sound judgment or fairness.
Miller v. California
Obscenity
New York Times Co v. Sullivan
Actual Malice
Hustler Magazine v. Falwell
Actual Malice Exception
Brandenburg v. Ohio
Incitement
Watts v. U.S.
True Threat
Virginia v. Black
True Threat, Indimidation
Wisconsin v. Mitchell
Hate crime penalties
Sherbert v. Verner
Free exercise of religion
Mahanoy Schools v. B.L.
Outside school internet profanity cannot be punished by school
Engel v. Vitale
Public school force prayer banned
Kennedy v. Bremerton Schools
School staff can outwardly display their belief in school during breaks
Board of Education v. Pico
Library books protected from bans
Tinker v. Des Moines
Symbolic speech okay in school if not disruptive
Bethel Schools v. Fraser
Vulgar language against values of public school
Hazelwood Schools v. Kuhlmeier
Principal can edit school news
Morse v. Frederick
Schools can restrict speech at school-supervised events
New Jersey v. TLO
Schools can search you if there is reasonable ground
Trial Courts
Decides the facts of a dispute through the evidence provided. Two kinds- civil and criminal.
Appeals Court
One side of the case (one of the parties) asks the court to change the decision of a trial court.
Criminal trial
The Prosecution has the burden of proving that the defendant is guilty beyond a reasonable doubt. As a defendant, you will be found guilty or not guilty, never innocent!
Civil trial
The Plaintiff has the burden to prove his/her case by the greater way of a credible evidence (a preponderance of the evidence). As a defendant, you will usually be found liable or not.
Process of adding an amendment to the U.S. Constitution
- 2/3 vote of both houses of Congress and ratified by 3/4 of those state legislatures.
- 2/3 of the state legislatures request a state convention and ratify with 3/4 of the state legislatures.
Miller Test
- With the average person, applying contemporary community standards, find that they work, taken as a whole, appeals to the prurient interest.
- Does the word depict or describe, in a patently offensive way, sexual conduct specifically defined by the applicable state law?
- Does the work, taken as a whole, lack serious literary, artistic, political, or scientific value?
Sherbert Test
- Religious beliefs are protected.
- Practices are protected as long as they do not violate an important government interest.
For the individual, the court must determine:
- Whether the person’s claim involves sincere religious belief.
- If the government action is a substantial burden on that belief.
For the government, the court must determine:
- Whether there is a compelling reason to limit free, religious expression.
- Is the limitation carried out in the least restrictive manner, least burdensome, on religion?
Locations in America suitable for traditional public forums:
Streets, parks, and sidewalks.
Locations in America suitable for non-public forums:
Jails, public schools, and military bases.
