Unit 3 Flashcards
civil liberties
protect people from undue government interference or action
civil rights
on the other hand, protect people from discrimination.
first amendmnet
freedom of speech, assembly, press, petition, and religion
establishment clause
the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress.
free exercise clause
protects citizens’ right to practice their religion as they please
Symbolic speech
nonverbal, nonwritten forms of communication, such as flag burning, wearing armbands and burning of draft cards.
time place and manner restrictions
speech can be limited based on its content to maintain public peace and order
obscenity
Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value
can be used to limit speech
defamation
the action of damaging the good reputation of someone; slander or libel
libel
a published false statement that is damaging to a person’s reputation; a written defamation.
slander
the action or crime of making a false spoken statement damaging to a person’s reputation.
can be used to limit speech
clear and present danger
a risk or threat to safety or other public interests that is serious and imminent
can be used to limit speech
prior restraint
judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this.
exception: obscenity or clear and present danger
Public Safety Exception
a legal doctrine that allows law enforcement officers to question a suspect without first providing Miranda warnings in certain circumstances where public safety is at risk
patriot act
expanded the powers of law enforcement agencies, allowing them to conduct surveillance, access personal records, and detain individuals suspected of terrorism-related activities in response to 9/11
usa freedom act
imposes some new limits on the bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies, including the National Security Agency. It also restores authorization for roving wiretaps and tracking lone wolf terrorists.
second amendmnet
right to bear arms
4th amendment
protection from unwarranted searches and seizures
5th amendment
due process for criminals
guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.
6th amendment
trial rights for the accused
guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
exclusionary rule
prevents the government from using most evidence gathered in unwarranted searches
miranda rule
“Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney
8th amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9th amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
unenumerated rights
legal rights inferred from other rights that are implied by existing laws
right to privacy
The Supreme Court has ruled that the due process clause of the Fourteenth Amendment prevents state governments from infringing on the right to privacy through the 3rd, 4th, and 9th amendments