chap 4 BOOK NOTES

Question 1

Civil rights

Answer 1

require gov action to help secure individual rights

Question 2

Civil liberties

Answer 2

restrict gov action to protect individual rights

Question 3

The supreme court decided, case by case, which rights applied to states govs aka

Answer 3

Selective incorporation

Question 4

This right is never directly mentioned in constitution but implied by the 1st, 3rd, 4th, 5th, 9th amendments

Answer 4

Privacy

Question 5

The federal gov may not establish an official religion

Answer 5

establishment clause

Question 6

And gov may not interfere in religious practice

Answer 6

free exercise clause

Question 7

The court forbade practice what became known as the _______ ______for judging what gov actions are permissible

Answer 7

lemon test

Question 8

what still tries to separate church and state using the lemon test

Answer 8

Strict separation

Question 9

Gov does not violate the establishment clause so long as it doesn’t confer an advantage on some religions over others

Answer 9

Accommodation

Question 10

Justice Brennan introduced a 2 part test which is the

Answer 10

sherbert or balancing test

Question 11

what are the 2 parts of the balancing test?

Answer 11

1st, ws the gov imposing a significant burden on her ability to exercise her Faith?

2nd, did the gov have a compelling interest for imposing the burden?

Question 12

Employment division v. Smith case replaces the sherbert balancing test with a

Answer 12

neutrality test

Question 13

Congress passed the religious freedom restoration act which required federal and state govs to use the

Answer 13

old sherbert balancing test

Question 14

Much debate that surrounded the right to speech is about identifying the

Answer 14

limits of protected speech

Question 15

Alien and sedition acts

Answer 15

criticize the gov and face prosecution

Question 16

symbolic expression

Answer 16

demonstrated a pov with an act rather than a speech

Question 17

One legal doctrine offers a limit to hate speech by restricting

Answer 17

fighting words

Question 18

Tinker rule

Answer 18

the students right to free speech could be curtailed only if it materially and substantially interfere with the requirements of appropriation discipline in school

Question 19

Effort to stop speech before it occurs is

Answer 19

prior restraint

Question 20

the practice of dictators who close down newspapers or suppress stories they don’t like

Answer 20

censorship

Question 21

The first amendment does not protect

Answer 21

obscenity

Question 22

The Miller test says that speech is not protected by the first amendment if it has all 3 of these characteristics

Answer 22

If it is sexually stimulating

If it depicts sexual conduct in an offensive way

If the work lacks serious literary, artistic, political, scientific value

Question 23

Written falsehoods

Answer 23

libel

Question 24

Spoken falsehoods

Answer 24

slander

Question 25

evidence obtained in illegal search many not be introduced in trial

Answer 25

exclusionary rule-

Question 26

does not decide on guilt or innocence, only on whether there is enough evidence for the case to go to trial

Answer 26

grand jury

Question 27

An individual cannot face _________ or to be tried twice for same offense

Answer 27

double jeopardy

Question 28

So now police officers have to inform suspects they have right to remain silent aka

Answer 28

miranda warnings