jade lamas - chapter 4

Question 1

the crown v. zenger (1735)

Answer 1

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.

Question 2

civil liberties

Answer 2

the personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation.

Question 3

civil rights

Answer 3

the government-protected rights of individuals against arbitrary or discrimination treatment by governments or individuals.

Question 4

bill of rights

Answer 4

the first ten amendments to the u.s. constitution, which largely guarantee specific rights and liberties.

Question 5

9th amendment

Answer 5

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.

Question 6

10th amendment

Answer 6

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.

Question 7

14th amendment

Answer 7

one of three major amendments enacted after the civil war, extending “equal protection of the law” to all citizens.

Question 8

due process clause

Answer 8

clause contained in the 5th and 14th amendments; over the years, it has been constructed to guarantee a variety of rights to individuals.

Question 9

substantive due process

Answer 9

judicial interpretation of the 5th and 14th amendments’ due process clauses. protects citizens from arbitrary or unjust state or federal laws.

Question 10

sedition laws

Answer 10

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 decision.

Question 11

gitlow v. new york

Answer 11

a SC case that extended the 1st amendment’s protections of freedom of speech and of the press to the state governments.

Question 12

incorporation doctrine

Answer 12

an interpretation of the constitution holding tha the due process clause of the 14th amendment requires state and local governments to guarantee the rights stated in the bill of rights.

Question 13

selective incorporation

Answer 13

a judicial doctrine whereby most, but not all, protections found in the bill of rights are made applicable to the states via the 14th amendment.

Question 14

fundamental freedoms

Answer 14

those rights defined by the court as essential to order, liberty, and justice and therefore entitled to the highest standard of review.

Question 15

warren court

Answer 15

the period in SC history which during earl warren served as chief justice, noted for its many rulings expanding civil liberties and civil rights.

Question 16

earl warren

Answer 16

the 14th chief justice of the US who served from 1953-1969 and led the court through an important liberal phase.

Question 17

1st amendent

Answer 17

part of the bill of rights that imposes a number of restrictions on the federal gov. with respect to civil liberties, including freedom of religion, press, assembly and petition.

Question 18

establishment clause

Answer 18

the first clause of the first amendment; it directs the national government not to sanction an official religion.

Question 19

free exercise clause

Answer 19

the second clause of the first amendment; it prohibits the US gov. from interfering with a citizen’s right to practice is or her religion.

Question 20

lemon test

Answer 20

3 part test created by the SC for examining the constitutionally of religious establishment issues.

Question 21

prior restraint

Answer 21

constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the 1st amendment.

Question 22

alien and sedition acts

Answer 22

laws passed in 1798 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the gov.

Question 23

abolitionist

Answer 23

a supporter, especially in the early 19th century, of an end to the institution of slavery.

Question 24

abraham lincoln

Answer 24

16th president of the US, first elected republican president, who served from 1861-1865, lincoln, who led the union during the civil war, was assassinated in 1865 by a confederate sympathizer, john wilkes booth.

Question 25

espionage act

Answer 25

a 1917 law that prohibited urging resistance to the draft or disturbing anti-war leaflets; by the SC in schenck v. U.S.

Question 26

clear and present danger test

Answer 26

test articulated by the SC in schenck v. U.S. to draw the line between protected and unprotected speech; the court looks to see “whether the words used” could “create a clear and present danger that they will bring about substantive evils” that congress seeks ‘to prevent”

Question 27

direct incitement test

Answer 27

test articulated by the SC in Brandenburg v. ohio holding that the 1st amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur.

Question 28

new york times co. v. u.s.

Answer 28

the case in which the SC ruled that the u.s. gov. could not block the publication of secret department of defense documents illegally furnished to the Times by antiwar activists. also called the pentagon papers case.

Question 29

symbolic speech

Answer 29

symbols, signs, and other methods of expression generally considered to be protected by the 1st amendment.

Question 30

hate speech

Answer 30

communication that belittles a person or group on the basis of race, gender, ethnicity, or other characteristics.

Question 31

occupy wall street

Answer 31

a recent social movement that promotes protests and political activism against income inequality and corporate greed.

Question 32

black lives matter

Answer 32

a recent social movement focused on direct protest and political activism against police brutality, mass incarceration, and related offenses against african americans.

Question 33

libel

Answer 33

false written statement that defames a person’s character.

Question 34

slander

Answer 34

untrue spoken statements that defame the character of a person.

Question 35

new york times co. v. sullivan

Answer 35

case in which the SC concluded that “actual malice” must be proven to support a finding of libel against a public figure.

Question 36

fighting words

Answer 36

words that “by their very utterance inflict injury or tend to incite an immediate breach of peace. “fighting words are not subject to the protections of the 1st amendment.

Question 37

miller v. california

Answer 37

SC case that created the “miller test” to determine when sexually explicit expression was obscene and therefore beyond the protection of the 1st amendment.

Question 38

dejonge v. oregon

Answer 38

supreme course case that applied the 1st amendment’s protections of freedom of assembly to the states.

Question 39

18th amendment

Answer 39

a 1913 amendment that created he nationwide prohibition on alcoholic beverages; it was repealed in 1933.

Question 40

writs of habeas corpus

Answer 40

petition requesting that judge order authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the government’s case does not persuade the judge.

Question 41

ex post facto law

Answer 41

law that makes an act punishable as crime even if the action was legal at the time it was committed.

Question 42

bill of attainder

Answer 42

a law declaring an act illegal without a judicial trial.

Question 43

due process right

Answer 43

protections draw from the 4th amendment and the bill of rights. due process may be procedural, ensuring fair treatment, or substantive, protecting fundamental rights.

Question 44

4th amendment

Answer 44

part of the bill of rights that protects people from unreasonable searches and seizures of their prisoners, houses, papers, and effects without a warrant from a judge among other guarantees.

Question 45

5th amendment

Answer 45

a number of restrictions on the federal gov. with respect to the rights of persons suspected of committing a crime. it prevents the national gov. from taking property without just comprehension.

Question 46

grand jury

Answer 46

a group of citizens charged with determining whether enough evidence exists for a case to go to trial. guaranteed by the 5th amendment.

Question 47

miranda v. arizona

Answer 47

a landmark SC ruling holding that the 5th amendment requires individuals arrested for a crime to be advised of their right to remain silent and to have counsel present.

Question 48

miranda rights

Answer 48

statements required of police that inform a suspect of his or her constitutional rights protected by the 5th amendment, including the right to an attorney provided by a court if the suspect cannot afford one.

Question 49

burger court

Answer 49

the period in SC history during which warren burger served as chief justice.

Question 50

warren e. burger

Answer 50

the 15th chief justice of the u.s. who served from 1969-1986 and led the court in an increasingly conservative direction.

Question 51

double jeopardy clause

Answer 51

part of the 15th amendment that protects individuals from being tried twice for the same offense in the same jurisdiction.

Question 52

exclusionary rule

Answer 52

judicially created rule that prohibits police from using illegally seized evidence at trial.

Question 53

16th amendment

Answer 53

sets out the basic requirements of procedural due processes for federal courts to follow in criminal trials.

Question 54

capital cases

Answer 54

court cases in which a conviction may result in the application of the death penalty.

Question 55

8th amendment

Answer 55

“excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” stated in the bill of rights.

Question 56

right to privacy

Answer 56

the right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras, including the 1st, 3rd, 4th, 9th, and 14th amendments.

Question 57

roe v. wade

Answer 57

the SC found that a woman’s right to abortion was protected by the right privacy that could be implied from specific guarantees found in the bill of rights applied to the states through the 14th amendment

Question 58

planned parenthood of southeastern pennsylvania v. casey

Answer 58

the SC’s decision in this abortion case replaced the strict scrutiny standard of roe with the less stringent undue burden standard.

Question 59

undue burden test

Answer 59

a standard set by the SC in the casey case in 1992 that narrowed roe v. wade and allowed for greater regulation of abortion by the states.

Question 60

whole woman’s health v. hellerstedt

Answer 60

SC abortion ruling that struck down state law provisions in texas as presenting an undue burden on women seeking abortions. this decision invalidated numerous state and local news that imposed similar limitations on clinics.

Question 61

september 11th

Answer 61

a terrorist plot carried out on september 11, 2001 that used hijacked civilian aircraft to attack the world trade center in new york and the pentagon near washington, d.c.