Gov 4.txt

  1. Civil liberties
    • Constitutional protections against govt
    • Courts, police and legislature decide their meaning
    • Most for America are in the Bill of Rights
  2. Bill of Rights
    • First 10 amendments to the Constitution
    • Define basic liberties: freedom of religion, speech, press, defendant rights
  3. First Amendment
    • Established the 4 great liberties
    • Freedom of religion, speech, press, and assembly
  4. Barron v. Baltimore
    The Bill of Rights restrains only the natl govt
  5. Gitlow v. New York
    Freedom of the press and speech are protected by the due process clause in the 14th Amendment
  6. Fourteenth Amendment
    • Any person in the jurisdiction gets equal protection of the law
    • Adopted after the Civil War
    • No state shall infringe on the rights of the people or deprive life liberty and property without due process of law
  7. Due process clause
    People can't be deprived of life liberty or property without due process of law
  8. Incorporation doctrine
    • Legal concept used to nationalize the Bill of Rights
    • Makes the BOR applicable to states too
  9. Establishment clause
    • Congress shall make no law respecting an establishment of religion
    • Separation of church and state
  10. Free exercise clause
    Govt can't interfere with the practice of religion
  11. Lemon v. Kurtzman
    • Aid to church related schools must have:
    • 1) secular legislative purpose
    • 2) effect that neither advances nor inhibits religion
    • 3) not cause excessive govt entanglement with religion
  12. Zelman v. Simmons-Harris
    Upheld state vouchers for religious school tuition
  13. Engel v. Vitale
    1962 state officials violate 1st Amendment when they wrote a prayer to be recited by NY schoolchildren
  14. School District of Abington Township, Pennsylvania v. Schempp
    1963 bible readings cannot be required in schools
  15. Prior restraint
    • A gov't preventing material from being published
    • Unconstitutional by Near v. Minnesota
    • Censorship
  16. Near v. Minnesota
    1st Amendment protects newspapers from prior restraint and censorship
  17. Schenck v. United States
    1919 gov't can limit speech if there is a clear and present danger
  18. Zurcher v. Stanford Daily
    1978 search warrants can be used on a newspaper without violating the 1st Amendment
  19. Roth v. United States
    1975 obscenity is not necessarily protected under freedom of speech
  20. Miller v. California
    • 1973 define obscenity standards by local communities
    • 1) primary purpose is sex
    • 2) offensive sexual conduct
    • 3) lacks artistic, scientific, literary or political value
  21. Libel
    Publication of false and malicious statements that damage someone's reputation
  22. New York Times v. Sullivan
    • 1964 established guidelines for winning libel suits
    • Statements must be made with malice and a reckless disregard for the truth
  23. Texas v. Johnson
    1989 American flag can be burned as symbolic speech
  24. Symbolic speech
    • Nonverbal communication
    • Protected under 1st Amendment
  25. Commercial speech
    • Advertising
    • Restricted more than other speech
    • Receiving increasing protections
    • Can't make false claims (many exceptions)
  26. Miami Herald Publishing Company v. Tornillo
    1974 state can't force newspapers to print replies from candidates it criticized
  27. Red Lion Broadcasting Company v. Federal Communications Commission
    1969 restrictions on radio and TV allowed because there are fewer broadcast opportunities than the print media
  28. NAACP v. Alabama
    1958 NAACP did not have to reveal membership list because it would subject their members to harassment
  29. Probable cause
    • Police have reason to believe someone should be arrested
    • Legally search and seize incriminating evidence
  30. Unreasonable searches and seizures
    • Obtaining evidence in a haphazard or random manner
    • Probable cause and search warrant required to prevent this
  31. Search warrant
    Specifies an area to be searched and what is being searched for
  32. Exclusionary rule
    Evidence can't be introduced into a trial if it's not constitutionally obtained
  33. Mapp v. Ohio
    1961 4th Amendment extended to states
  34. Fifth Amendment
    • Protects the accused
    • Double jeopardy, self-incrimination, and punishment without due process
  35. Self-incrimination
    When a person is compelled to be a witness against themselves in court
  36. Miranda v. Arizona
    1966 guidelines for police questioning to protect from self-incrimination and protect the right to counsel
  37. Sixth Amendment
    • Protect accused
    • Right to counsel, right to confront witnesses, right to a speedy, public trial
  38. Gideon v. Wainwright
    1963 anyone accused of a felony has the right to a lawyer
  39. Plea bargaining
    Defendant pleads guilty to lesser of fewer crimes for immunity from other crimes
  40. Eighth Amendment
    Forbids cruel and unusual punishment and excessive fines and bail
  41. Cruel and unusual punishment
    Mandatory death sentences are unconstitutional but the death penalty is not
  42. Gregg v. Georgia
    1976 death penalty is not inherently cruel and unusual
  43. McCleskey v. Kemp
    1987 death penalty does not violate 14th Amendment because minority defendants are more likely to receive the death penalty
  44. Right to privacy
    Personal life free from gov't intrusion
  45. Roe v. Wade
    1973 state ban on abortion unconstitutional
  46. Planned Parenthood v. Casey
    • 1992 upheld 24 hour wait period, parental consent for minors, present risks
    • Struck down marital consent
Card Set
Gov 4.txt
chapter 4