Unit 2 - Individual Rights Flashcards
First amendment
Freedom of.... Religion Speech Press Assembly Petition of grievances
Second amendment
-Right to bear arms
Third amendment
– No quartering troops during peacetime
Fourth amendment
– No unreasonable searches and seizures unless there’s probable cause
Fifth Amendment
– No self-incrimination (Accused persons may refuse to answer questions on the ground that the answers might incriminate them)
– Grand jury (Must charge person of committing a crime)
– imminent domain (If government says you have to move, you have to move)
-Due process of law (No deprivation of life liberty and property without this)
– Double jeopardy (a person may not be tried for the same crime more than once)
Sixth amendment
– Speedy and public trial – Confront accusers – Call witnesses on your behalf – Right to an attorney – Right to be informed of charges against you
Seventh amendment
Right to trial by jury in civil cases over $20 (suing)
Eighth amendment
– Excessive bail shall not be required
– Excessive fines won’t be imposed
– No cruel or unusual punishments
Ninth amendment
Peoples rights are not limited to those mentioned in the Constitution
Ex: Rights to privacy
10th amendment
Protect states and the people from an all-powerful government
– Powers not listed in the constitution belong to the states
5 parts of the First Amendment
1) free speech
2) freedom of religion
3) freedom of the press
4) freedom of assembly
5) right to petition for grievances
types of speech
pure speech, speech plus, symbollic speech
pure speech definition
verbal expression of thought and opinion before an audence that has chosen to listen
speech plus definition
action such as marching, demonstrating, or picketing as well as words
symbollic speechdefinition
using actions and symbols in the place of words to express opinion
pure speech doesn’t apply…
1) clear and present danger
2) libel
3) slander
Libel
written or published statements intended to damage a person’s reputation
slander
false speech intended to damage a person’s reputation
SC case questioning symbollic speech
Texas v. Johnson (1994) & US v. Eichman
Texas v. Johnson
(1994)
- Texas law prevents destruction of flags
- Johnson says burning the flag is a form of protest
- Texas claims no intent to limit speech
- SC rules 5-4 & Johnson wins
- Burning the flag is legal
- In retaliation, Congress passes a law banning burning flags (Flag Protection Act)
Flag Protection Act
Congress passed in response to the Texas v. Johnson ruling
US v. Eichman
- Eichman burns a flag on the day the FLA was passed
- SC maintains the same ruling at 5-4 and Eichman wins
- Reaffirms Texas v. Johnson; burning the flag is legal
Exclusionary Rule
(4th Amendment) states any evidence illegally attained by the police cannot be used against the defendant
Exclusionary Rule originated from what case?
Weekes v. US