1/24/2013 Flashcards Preview

American Government > 1/24/2013 > Flashcards

Flashcards in 1/24/2013 Deck (16):
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protections the Constitution provides against the abuse of government powers-for all at all times.

Civil Liberties

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– made it a crime to write, utter, or publish “any false, scandalous, and malicious writing” with the intention of defaming the president, Congress or the government or of exciting against the government “the hatred of the people.” The policy entrepreneurs were Federalist politicians who believed that Thomas Jefferson and his followers were supporters of the French Revolution.

Sedition Act – 1798

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– made it a crime to utter false statements that would interfere with the American military, to send through the mails material a ”advocating or urging treason, insurrection, or forcible resistance to any law of the United States.” The policy entrepreneur leading to the massive crackdown(the so-called Red Scare) was Atty. General A. Mitchell Palmer.

Espionage and Sedition Acts – 1917-1918

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Denies government the right, without due process, to deprive people of life, liberty, and property.

due process law

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A standard of equal treatment that must be observed by the government.

Equal protection of the law

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Court cases that apply Bill of Rights to states.

Selective incorporation

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-Right of people to speak, publish and assemble.

Freedom of expression

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People shall be free to exercise their religion, and government may not establish a religion.

Freedom of religion

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Censorship of a publication

Prior restraint

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Law should not punish speech unless there was a clear and present danger of producing harmful actions.

Clear-and-present-danger test

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Gitlow v. New York (1925)-Supreme Court says the First Amendment applies to states. Palko v. Connecticut-Supreme court says the states must observe all “fundamental” liberties.

Landmark Cases of Incorporation

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Libel, obscenity, symbolic speech, and false advertising.

Four forms of speech not automatically protected

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writing that falsely injures another person

Libel

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Court has not come up with a clear definition

Obscene

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an act that conveys a political message.

Symbolic speech

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did not find a definition (guess we can figure it out) Ha!

False Advertising