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Law > Individual Rights and Liberties- First Amendment > Flashcards

Individual Rights and Liberties- First Amendment Flashcards

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1
Q

Amendment

A

A change made to the Constitution.

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2
Q

Ratify

A

Sign or give formal consent to (a treaty, contract, or agreement), making it officially valid.

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3
Q

Bill of Rights

A

The first ten Amendments to the U.S. Constitution.

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4
Q

Balancing Test

A

It is up to the courts to determine whose rights are restricted.

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5
Q

Strict Scrutiny

A

To limit a right, a law must have compelling governmental interest and go no farther than necessary in limiting those rights.

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6
Q

Content-Neutrality

A

Regulation on ANY and ALL speech (religion, assembly, etc.), regardless of what it says.

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7
Q

Vagueness

A

The law restricting speech must be clear enough for a reasonable person to understand.

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8
Q

Overbreadth

A

The law cannot be so broad that they also ban lawful speech.

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9
Q

Obscenity

A

Speech promoting, or regarding sex, or nudity in a lewd or offensive manner as defined by the Miller Test.

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10
Q

Miller Test

A

The balancing test from Miller v. California (1973).

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11
Q

Prurient

A

And unwholesome, unusual, or immoderate interest in sex.

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12
Q

Defamation

A

False expression about a person that damages that persons reputation.

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13
Q

Slander

A

Spoken defamation.

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14
Q

Libel

A

Written defamation.

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15
Q

Actual Malice Test

A

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.

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16
Q

Exception to Actual Malice in Defamation

A

If the statement was obvious to a reasonable person that it could not be stating actual facts, it is not actual malice.

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17
Q

Fighting Words

A

Words that are spoken, face-to-face, that are likely to cause an imminent breach of peace between the speaker and the listener.

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18
Q

Incitement

A

When the speaker urges the audience to take illegal action and the audience is likely to respond, the speech is not protected.

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19
Q

True Threat

A

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.

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20
Q

Hate Crime

A

A crime, typically one involving violence, that is motivated by prejudice on the basis of race, religion, sexual orientation, or other grounds.

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21
Q

Public Forum

A

A place that has a long-standing use for the free exercise of the right of speech, public debate, and assembly.

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22
Q

Non-Public Forum

A

Forums for public speech that are neither traditional nor designated public forums.

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23
Q

Establishment Clause

A

The first religious clause of the First Amendment, that says Congress shall make no law respecting an establishment of religion.

24
Q

Free Exercise clause

A

The second religious clause of the First Amendment this says Congress shall make no law prohibiting the exercise thereof.

25
Q

Secular

A

Denoting, attitudes, activities, or other things they have no religious or spiritual basis.

26
Q

Lemon Test

A

A three-part test that is commonly used to determine whether a government’s treatment of a religious institution constitutes “establishment of a religion.”

27
Q

Vulgar

A

Making explicit in offensive reference to sex or bodily functions.

28
Q

Reasonableness

A

Sound judgment or fairness.

29
Q

Miller v. California

A

Obscenity

30
Q

New York Times Co v. Sullivan

A

Actual Malice

31
Q

Hustler Magazine v. Falwell

A

Actual Malice Exception

32
Q

Brandenburg v. Ohio

A

Incitement

33
Q

Watts v. U.S.

A

True Threat

34
Q

Virginia v. Black

A

True Threat, Indimidation

35
Q

Wisconsin v. Mitchell

A

Hate crime penalties

36
Q

Sherbert v. Verner

A

Free exercise of religion

37
Q

Mahanoy Schools v. B.L.

A

Outside school internet profanity cannot be punished by school

38
Q

Engel v. Vitale

A

Public school force prayer banned

39
Q

Kennedy v. Bremerton Schools

A

School staff can outwardly display their belief in school during breaks

40
Q

Board of Education v. Pico

A

Library books protected from bans

41
Q

Tinker v. Des Moines

A

Symbolic speech okay in school if not disruptive

42
Q

Bethel Schools v. Fraser

A

Vulgar language against values of public school

43
Q

Hazelwood Schools v. Kuhlmeier

A

Principal can edit school news

44
Q

Morse v. Frederick

A

Schools can restrict speech at school-supervised events

45
Q

New Jersey v. TLO

A

Schools can search you if there is reasonable ground

46
Q

Trial Courts

A

Decides the facts of a dispute through the evidence provided. Two kinds- civil and criminal.

47
Q

Appeals Court

A

One side of the case (one of the parties) asks the court to change the decision of a trial court.

48
Q

Criminal trial

A

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!

49
Q

Civil trial

A

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.

50
Q

Process of adding an amendment to the U.S. Constitution

A
  1. 2/3 vote of both houses of Congress and ratified by 3/4 of those state legislatures.
  2. 2/3 of the state legislatures request a state convention and ratify with 3/4 of the state legislatures.
51
Q

Miller Test

A
  1. With the average person, applying contemporary community standards, find that they work, taken as a whole, appeals to the prurient interest.
  2. Does the word depict or describe, in a patently offensive way, sexual conduct specifically defined by the applicable state law?
  3. Does the work, taken as a whole, lack serious literary, artistic, political, or scientific value?
52
Q

Sherbert Test

A
  1. Religious beliefs are protected.
  2. Practices are protected as long as they do not violate an important government interest.
53
Q

For the individual, the court must determine:

A
  1. Whether the person’s claim involves sincere religious belief.
  2. If the government action is a substantial burden on that belief.
54
Q

For the government, the court must determine:

A
  1. Whether there is a compelling reason to limit free, religious expression.
  2. Is the limitation carried out in the least restrictive manner, least burdensome, on religion?
55
Q

Locations in America suitable for traditional public forums:

A

Streets, parks, and sidewalks.

56
Q

Locations in America suitable for non-public forums:

A

Jails, public schools, and military bases.

Law (1 decks)

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