unit 4 Flashcards
Selective Incorporation
a constitutional doctrine that ensures that states cannot create laws that infringe or take away the constitutional rights of citizens.
Seditious Speech
Schenck v. US 1919
Speaking out against the govt
Schenck arrested for law espionage act
Clear and Present Danger
Civil Liberties
individual protections from the government
Bill of Rights
First Ten Amendments in U.S. Constitution added in 1791.
“Congress shall make no law”
Pure Speech
Cohen V CA 1969
“One man’s vulgarity is another man’s lyric”
Symbolic Speech
Tinker v. Des Moines ISD
“Disruption test”
Arm bands wore to protest vietnam war
Obscenity
-Roth v US 1957
- Mailer out of NY entitled “American Aphrodite”
First Amendment does not protect obscene speech.
Press
Hustler Magazine v. Falwell (1988)
“Actual malice”
Public Official / Public Figures
Speech Posts
Anthony Elonis v. US (2015)
Aka Rapper Tone Dougie
“One way to love you and a thousand ways to kill you…”
“Subjective Intent”
Mahanoy Area School District v B.L. (2021)
Brandi Levy
“ fuck school fuck softball fuck cheer fuck everything”
Student Prevails
Nohemi Gonzales V. Google (2022) ,Twitter v. Taamneh (2022)
“Act of international terrorism”
Liable for aiding and abetting under Section 230
Religion 1st amendment
establishment clause
Engel vs. Vitale (1961)
the Supreme Court ruled that school-sponsored prayer in public schools violated the establishment clause of the First Amendment.
Santa Fe ISD vs. Jane Doe (2000)
Prayer at football game
Free Exercise Clause - Not Absolute
May:
Animal Sacrifices
Amish Attendance
May not:
Snake Handling
Polygamy
2nd Amendment - Right to bear arms
District of Columbia v. Heller (2008)
“Unloaded and disassembled” or with a “trigger lock”
Right to protect one’s self
4th Amendment Search & Seizure
Mapp v. Ohio (1961)
Exclude Illegally Obtained Evidence
Search with No Warrant
Open Fields
Border Search
Public Trash
5th Amendment Self Incrimination
Miranda v Arizona (1966)
“Right to remain silent”
Dickerson v US (2000)
“ Part of American Culture”
Salinas v Texas (2013)
“Must invoke the right” - not “ self executing”
8th Amendment Cruel and Unusual Punishment
William Henry Furman v. Georgia (1972)
Halted use of death penalty
-Miller v CA 1973
-Literary
-Artistic
-Political
-Scientific
Roth and miller should be attached
What is the takings clause?
prohibits the government from taking private property without just compensation
Explain the difference between civil liberties and civil rights.
Civil rights are not in the Bill of Rights; they deal with legal protections. For example, the right to vote is a civil right. A civil liberty, on the other hand, refers to personal freedoms protected from government intrusion such as those listed in the Bill of Rights
What does the Children’s Internet Protection Act require?
require schools and libraries receiving certain federal funding to block children’s access to obscene material, child pornography, and material deemed harmful to minors
Would a college classroom be considered a public forum?
No
What can police search without a warrant?
Open Fields
Border Search
Public Trash
Explain the significance of the Patriot Act.
enabled investigators to gather information when looking into the full range of terrorism-related crimes, including: chemical-weapons offenses, the use of weapons of mass destruction, killing Americans abroad, and terrorism financing
Fiscal Policy
is the use of government spending and taxation to influence the economy
economic advisors
treasury dept
goals of fiscal policy
national interest, please constituents and reduce poverty