Chapter 19 Flashcards

1
Q

To whom are rights guaranteed?

A

All persons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

1.Civil liberties

Civil rights/ liberties

A

Protection from the government, by the government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

1.Civil liberties
A. Relative, not absolute
How far do your rights go?

A

Until you infringe upon the rights of others.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Rights in Conflict

A

When 2 amendments contradict each other.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Sheppard vs. Maxwell

A

(1966) Freedom of press. People knew what was going on. Unfair trial. 1st and 6th amendment. Wife murder.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q
14th amendment (1868)
due process clause
A

No state shall deprive any person of life, liberty, or property without due process of law.

  • Allow supreme court too.
  • Government acting fairly
  • Prision, jail -Property, house -Death
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

14th amendment

allowed the supreme court to…

A

interpret when states are violating individuals rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

14th amendment

amendments nationalized

A

Applies to both, national and state governments.
Effect> one, four, five, six, & eight amendments
-1960’s decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

9th amendment

A

catch all? Not a complete listing of rights, might be more in the future.
-abortion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

1st amendment
A. Freedom of Religion
1. Establishment clause

A

Anyone can create a religion of their own choice.

-dandelion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

1st amendment
A. Freedom of Religion
2. Separation of church and state

A

In God we trust, prayer-doesnt favor one over another or favor one religion over another.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

1st amendment
A. Freedom of Religion
3. Areas of conflict
a. release time

A

Release from school time private property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q
1st amendment
A. Freedom of Religion
3. Areas of conflict
b. Parochial School
State money?
A

Religion, church related school.

Yes, but only for academic instruction.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

1st amendment
A. Freedom of Religion
3. Areas of conflict
c. Evolution

A

Darwin illegal >< Bible illegal

1920’s

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

1st amendment
A. Freedom of Religion
3. Areas of conflict
d. seasonal display

A

O’hera, court house, nativity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

1st amendment
A. Freedom of Religion
3. Areas of conflict
name all 4

A
  1. release time
  2. parochial school
  3. evolution
  4. seasonal display
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Free exercise clause

first 2 a & b

A

a. A person may believe in what they want until it infringes upon the rights of others. -absolute freedom? no.
b. Supreme court upholding free exercise. Religious practices. -Amish -Jehovah’s witnesses

18
Q

Free exercise clause

c & d

A

c.

d. polygamy

19
Q

Freedom of expression

2 guarantees by 1st and 14th amendment

A

a. express in spoken and written word
b. wide ranging discussion of public affair (grey area)
- polotics -celebrities -companies/businesses

20
Q

Libel & Slander

A

Written and spoken-malicious act to injure someone’s character.

  • 2 acts not protected liable and slander
  • Carol brunette
  • Nobody has complete or absolute tight of free speech and press.
21
Q

4 illegal acts

A

a. Sedition
b. Sabotage
c. Espionage
d. Treason

22
Q

Sedition

A

Actually trying to over throw. Talk.

23
Q

Sabotage

A

Physical acts of destruction, bomb.

24
Q

Espionage

A

Spying for a foreign power.

25
Treason
Trying to overthrow.
26
Gray areas a. Obscenity List 3 things What is it?
Needs to be interpreted by Supreme Court. -Miller vs California. Porn shop 1. If the material lacks artistic or literacy. 2. If the material depicts explicit or sexual behavior. 3. If a person using local community moral standards finds it obscene.
27
Gray areas Prior restraint Can government stop something from being printed?
``` Pentagon papers (1971) Vietnam war plans. No, not before it happens. ```
28
Gray areas Confidentiality Do reporters have a constitutional privilege to not reveal their source?
No, Supreme Court has not ruled that they have this privilege.
29
Confidentiality | How has supreme court ruled in these types of cases?
Shield laws. Gives reporters some protection.
30
Confidentiality Exceptions info is confidential 5
1. Doctor/patient 2. Lawyers/client 3. Clergy/member bishop 4. Husband/wife 5. Police/informants
31
Gray areas Movies What level of government should regulate movie attendance?
Individually. Rating system- helps individuals make a selection. Changes in what is allowed.
32
Gray areas Radio and television FCC
Federal Communications Commission -license and rules, tv rating system. -special presentation Unedited
33
Symbolic speech
Actions or conduct can also express ones opinion. - flipping off 60s protest era - black power - flag burning - bra burning
34
Symbolic speech | Tinker vs. Des Moines school district 1969
Peace, black arm band. Vietnamization war. Expelled.
35
Commercial speech
Truth in advertisement.
36
Right to assemble
Time manner place | Respect property
37
Right to petition
Change laws
38
14th amendment originally applied to
Only the national level
39
Liable
Written word
40
Slander
Spoken word
41
Amendments effected
14568