Spreme Court Test Flashcards
What are Civil Liberties?
Freedoms
What are Civil Rights?
That to which everyone is entitled equally.
Freedom of speech is a civil ____
liberty
What 4 forms of speech are not given automatic protection?
- Libel
- Obscenity
- Symbolic Speech
- False Advertising
What is libel?
a written statement that defames the character of another .
What is Slander?
An oral statement that defames the character of another.
When is obscenity protected?
3 cases
when it has: 1. literary 2. Artistic 3. Scientific Value.
When is obscenity not protected?
2 cases
- has no serious interest
2. violates community standards
When can’t the government restrict symbolic speech?
If it’s motive is to do anything but restrict speech.
When false advertising is concerned there are more limits on what kind of ads?
commercial than non-commercial.
Freedom of religion is what a civil…
liberty
what does free exercise of religion mean?
You can practice any religion or religious ritual that does not harm another.
Government can’t pass laws that _______ blank a ________ religion
- restrict
2. particular
Government can allow religious practices that appear to be what?
preferential.
What is the establishment clause?
A separation between church and state
what restriction does the government have on religion?
They can’t spend money on a certain religion.
The government still provides what for religious groups?
Services! (fire department, police, etc)
What religious practice not allowed in schools?
When can the school allow it?
- Prayer
2. If it is initiated by a student.
What can the government do with religion?
- can be involved in religion if its a secular purpose.
- the primary effect hither hinders nor advances religion.
- doesn’t foster excessive entanglement with government and religion.
Crime and Due Process is a civil…
Liberty!
- What is the Exclusionary rule?
2. What Supreme Court Case had to do with this rule?
- Courts interpretation of weather evidence can be excluded or included in trial.
- Mapp v. Ohio
What rules/steps apply to things in plain sight when a house is seized?
(3 things)
- warrant is issued for suspected illegal activity
- police see something else that is not what the warrant was officially for, in plain sight.
- this can be seized, and used as evidence.
What is reasonable evidence?
Anything within your immediate control.
What is self incrimination?
testifying against yourself.