Chapter 2 powerpoint pt. 2 Flashcards Preview

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Flashcards in Chapter 2 powerpoint pt. 2 Deck (39):
1

The Rational Basis (Minimal Level of Scrutiny) Test: A classification is __________ ______ so long as it is rationally related to a constitutionally permissible state interest.

presumed valid

2

The Rational Basis (Minimal Level of Scrutiny) Test: A classification is presumed valid so long as it is rationally related to a constitutionally permissible _____ interest.

state

3

Strict Scrutiny Test: A law singling out a ______ or ______ minority must be strictly necessary, and there must be no alternative approach to advancing a compelling state interest. ____ limits fundamental rights.

racial
ethnic
Law

4

Strict Scrutiny Test: A law singling out a racial or ethnic minority must be strictly necessary, and there must be no alternative approach to advancing a compelling _____ interest. Law limits ___________ rights.

state
fundamental

5

_____ ________ ____: A law singling out a racial or ethnic minority must be strictly necessary, and there must be no alternative approach to advancing a compelling state interest. Law limits fundamental rights.

Strict Scrutiny Test

6

Intermediate Scrutiny: Distinctions on the grounds of ______ must be substantially related to an important ___________ objective.

gender
government

7

Why did the Supreme Court stress the important of standards in law enforcements?

The Supreme Court stressed that lack of standards presents the danger that a law will be applied in a discriminatory fashion against minorities and the poor.

8

Freedom of Speech is protected by the ___ Amendment.

1st

9

_________ of _______ is protected by the 1st Amendment.

Freedom
Speech

10

U.S. Supreme Court extended this prohibition (freedom of speech) to the states in a _____ decision in which the Court proclaimed that “freedom of speech and of the press . . . are among the fundamental personal rights and ‘liberties’ protected under the ____ _______ Clause of the Fourteenth Amendment from impairment by the States.”

1925
Due Process

11

U.S. Supreme Court extended this prohibition (freedom of speech) to the states in a 1925 decision in which the Court proclaimed that “freedom of speech and of the press . . . are among the fundamental personal rights and ‘liberties’ protected under the Due Process Clause of the ___th Amendment from impairment by the States.”

14

12

What are the four functions central to freedom of speech?

1. contributes to individual self-fulfillment
2. ensures the “marketplace of ideas”
3. promotes social stability
4. ensures that there is a steady stream of innovative ideas

13

Who created the 4 functions central to freedom of speech?

Thomas I. Emerson

14

The ___th Amendment to the Constitution applies to the states and was adopted following the Civil War to protect ________ _________ against the deprivation of “life, liberty and property without due process” and to guarantee former slaves “equal _________ of the law.”

14th
African Americans
protection

15

The four function central to freedom of speech:
1. Freedom of expression contributes to __________ ____-____________
2. Freedom of expression ensures a vigorous “marketplace of ideas.”
3. Freedom of expression promotes social stability.
4. Freedom of expression ensures that there is a steady stream of innovative ideas and enables the government to identify and address newly arising issues.

individual self-fulfillment.

16

The four function central to freedom of speech:
1. Freedom of expression contributes to individual self-fulfillment.
2. Freedom of expression ensures a vigorous “___________ __ ______”
3. Freedom of expression promotes social stability.
4. Freedom of expression ensures that there is a steady stream of innovative ideas and enables the government to identify and address newly arising issues.

marketplace of ideas

17

The four function central to freedom of speech:
1. Freedom of expression contributes to individual self-fulfillment.
2. Freedom of expression ensures a vigorous “marketplace of ideas.”
3. Freedom of expression promotes _______ _________
4. Freedom of expression ensures that there is a steady stream of innovative ideas and enables the government to identify and address newly arising issues.

social stability

18

The four function central to freedom of speech:
1. Freedom of expression contributes to individual self-fulfillment.
2. Freedom of expression ensures a vigorous “marketplace of ideas.”
3. Freedom of expression promotes social stability.
4. Freedom of expression ensures that there is a steady stream of innovative ideas and enables the ___________ to _______ and _______ newly arising issues.

government
identify
address

19

What are the characteristics of something not protected by the First Amendment (Freedom of Speech)?

1. The expression lacks social value.
2. The expression directly causes social harm or injury.
3. The expression is narrowly defined to avoid discouraging and deterring individuals from engaging in free and open debate.

20

What is over-breadth?

an unconstitutional statute that's so broadly and imprecisely drafted that it encompasses and prohibits a substantial amount of protected speech relative to the coverage of the statute

21

What constitutes as hate speech?

Speech that denigrates, humiliates, and attacks individuals on account of race, religion, ethnicity, nationality, gender, sexual preference, or other personal characters and preferences.

22

The idea that there should be a legal right to _______ was first expressed in an 1890 article in the Harvard Law Review written by Samuel D. Warren and Louis D. Brandeis, who was later appointed to the U.S. Supreme Court.

privacy

23

The idea that there should be a legal right to privacy was first expressed in an 1890 article in the Harvard Law Review written by _______ __ ______ and ______ ___ _______, who was later appointed to the U.S. Supreme Court.

Samuel D. Warren
Louis D. Brandeis

24

The idea that there should be a legal right to privacy was first expressed in an _____ article in the Harvard Law Review written by Samuel D. Warren and Louis D. Brandeis, who was later appointed to the U.S. Supreme Court.

1890

25

The idea that there should be a legal right to privacy was first expressed in an 1890 article in the Harvard Law Review written by Samuel D. Warren and Louis D. Brandeis, who was later appointed to the ____ ________ ______.

U.S. Supreme Court.

26

The constitutional right to _______ is implied by the text of the entire document.

privacy

27

True or False: The word “privacy” is not used once in the U.S. Constitution and Bill of Rights.

True

28

In 1905, why did the Supreme Court of Georgia became the first court to recognize an individual’s right to privacy?

When it ruled that the New England Life Insurance Company illegally used the image of artist Paolo Pavesich in an advertisement that falsely claimed that Pavesich endorsed the company.

29

A constitutional right to _______ was first recognized in Griswold v. Connecticut in 1965.

privacy

30

A constitutional right to privacy was first recognized in ________ v. ___________ in _____.

Griswold
Connecticut
1965

31

The right to privacy recognized in _________ court case guarantees that we are free to make the day-to-day decisions that define our unique personality.

Griswold

32

What are the core concerns that privacy protects in the U.S.?

1. sanctity of the home
2. intimate activities
3. information
4. public portrayal

33

Which core concern of privacy is this: Freedom of the home and other personal spaces from arbitrary governmental intrusion

sanctity of the home

34

Which core concern of privacy is this: Freedom to make choices concerning personal lifestyle and an individual’s body and reproduction.

intimate activities

35

Which core concern of privacy is this: The right to prevent the collection and disclosure of intimate or incriminating information to private industry, the public, and governmental authorities.

Information

36

Which core concern of privacy is this: The right to prevent your picture or endorsement from being used in an advertisement without permission or to prevent the details of your life from being falsely portrayed in the media.

Public Portrayal

37

The ___ Amendment to the U.S. Constitution provides that “A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”

2nd

38

Which Amendment address the Right to Bear Arms?

Second Amendment

39

_____ is the only state that permits students on college campuses to carry concealed weapons.

Utah