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42 Cards in this Set
- Front
- Back
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Bill of Rights
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The first ten amendments to the constitution
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Civil liberties
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PROTECTIONS FROM THE GOVERNMENT; things the government can’t do that might interfere with your PERSONAL LIBERTY; the guarantees of the safety of persons, opinions, and property from the arbitrary acts of government, including freedom of speech and freedom of religion
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Civil rights
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PROTECTIONS FROM OTHERS BY THE GOVERNMENT; LIMITS on the power of MAJORITIES to make decisions that benefit SOME at the expense of OTHERS; a term used for those positive acts of government that seek to make constitutional guarantees a reality for all people by protecting their rights from violation by others, e.g., prohibitions of discrimination
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Alien
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Foreign-born resident or noncitizen
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14th Amendment
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Amendment through which others are incorporated and applied to the states via its DUE PROCESS and EQUAL PROTECTION CLAUSES
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Due Process Clause
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Part of the 14th Amendment which guarantees that no state deny basic rights to its people
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Process of incorporation
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The process of incorporating, nationalizing or including, most of the guarantees in the Bill of Rights into the 14th Amendment's Due Process Clause and applying them to the states
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Selective Incorporation
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the incorporation and application of rights in the Bill of Rights to the states on a case-by-case basis
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Establishment Clause
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1st Amendment guarantee that there shall be no established state church; Separates church and state; freedom of religion
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Parochial
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Church-related, as in a parochial school
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Free exercise clause
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1st Amendment guarantee of religious freedom, which guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion; freedom of religion
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Libel
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False and malicious use of printed words
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Slander
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False and malicious use of spoken words
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Sedition
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The crime of attempting to overthrow the government by force, or to disrupt it's lawful activities by violent acts
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Seditious speech
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The advocating, or urging, of an attempt to overthrow the government by force, or to disrupt it's lawful activities with violence; seditious libel was a crime in England – you could go to jail by saying bad things about the government even if they were true
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Prior restraint
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The government cannot curb ideas before they are expressed
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Shield law
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A law which gives reporters some protection against having to disclose their source or reveal other confidential information in legal proceedings
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Symbolic speech
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Expression by conduct; communicating ideas through facial expression, body language, or by carrying a sign or wearing an arm band or even burning an American flag; generally protected if content is POLITICAL; key cases = Tinker v. Des Moines and Texas v. Johnson
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Picketing
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Patrolling of a business site by workers who are on strike
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Assemble
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To gather with one another in order to express views on public matters
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Content neutral
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The government may not regulate assembles on the basis on what might be said
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Right of association
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The 1st Amendment right to associate with others to promote political, economic, and other social causes
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Same sex marriage
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It’s a CIVIL RIGHTS issue because in the states that didn’t allow it (prior to last summer’s Supreme Court decision),the MAJORITY of voters is denying something to a MINORITY, which was creating inequality in the way the laws work.
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Substantive civil liberties
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limits on WHAT THE GOVERNMENT CAN DO. For example, the FIRST AMENDMENT says that congress shall make no law establishing RELIGION, so this means they cannot create a NATIONAL CHURCH or declare that CHRISTIANITY or ISLAM, etc., is the official religion of the U.S.
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Procedural civil liberties
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limits on HOW THE GOVERNMENT CAN ACT. For example, in American courts, the defendant is presumed innocent until proven guilty. This means the jury has to act as if the accused is innocent until the prosecution convinces them otherwise.
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The Bill of Rights
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Civil liberties are contained in it.
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Barron v. Baltimore
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1833 case in which the Supreme Court said that the Bill of Rights applied to the NATIONAL or FEDERAL government and not to the STATES
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Gitlow v. NY
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(1925), case in which the Court ruled that the First Amendment protection of freedom of SPEECH could not be violated by a STATE; first instance of selective incorporation
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Lemon v. Kurtzman
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(1971). Case in which the Supreme Court devised a THREE-PRONGED test to decide whether or not a state law violates the 1st Amendment’s FREEDOM OF RELIGION CLAUSE. The case involved use of PUBLIC MONIES in PAROCHIAL SCHOOLS.
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The Lemon Test
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THREE-PRONGED test to decide whether or not a state law violates the 1st Amendment’s FREEDOM OF RELIGION CLAUSE developed in Lemon v. Kurtzman (1971).
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Secular Purpose, Neutral Effect, and No Excessive Entanglement
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three prongs of the Lemon Test
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Poltiial speech
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type of speech that gets the strongest Constitutional protection. It’s given PREFERRED POSITION, which means that any LAW or REGULATION or EXECUTIVE ACT that limits political speech is almost always struck down by the courts.
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Brandenburg v. Ohio
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(1968), political speech case in which offensive speech of KKK was protected because it was deemed political
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U.S v. Schenck
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(1917), Justice OLIVER WENDELL HOLMES said that when a person’s speech presents a CLEAR AND PRESENT DANGER, then that speech may be abridged. No shouting “FIRE!” in a crowded theater where there’s no fire.
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Symbolic speech
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wearing armbands or carrying signs or even burning American flags = ________ and is usually protected if it has POLITICAL content.
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Commercial speech and Fighting Words
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two types of speech which are not protected
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political campaigns
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spending money on these has been determined to be SPEECH, that is protected by the 1st Amendment.
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Chilling effect
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Fear of libel suits can cause the press to self-sensor, resulting in what the courts call this.
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N.Y. Times v. Sullivan
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(1964) landmark libel case that established the ACTUAL MALICE standard for libel against a public official
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National security
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key exception to the NO PRIOR RESTRAINT RULE; e.g., troop movements during war
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N.Y. Times v. U.S.
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the Pentagon Papers case, in which SCOTUS ruled against prior restraint on national security grounds and Nixon’s claim of executive privilege
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Accountable
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American democracy relies on its citizens having enough information to make good decisions and hold elected official __________.
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