Chapter 7&8 Flashcards
personal freedoms protected from arbitrary governmental interference or deprivations
civil liberties
SC Case- First Amendment case, in which speech representing “a clear and present danger” is not protected
Schenck v. United States
SC Case- First Amendment case, in which students in public schools are allowed to wear armbands as symbolic speech
Tinker v. Des Moines Independent Community School District
SC Case- First Amendment, in which the government cannot exercise prior restraint (forbid publication ahead of time)
New York York Co v. United States
SC Case- Sixth Amendment case, in which states must provide poor defendants an attorney to guarantee a fair trial
Gideon v. Wainwright
SC Case- First Amendment case, in which requirements that AMish students attend school past the eighth grade violate the free exercise clause
Wisconsin v. Yoder
SC Case- First/Third/Fourth/Fifth/Ninth Amendments case, in which the right to privacy extends to a woman’s decision to have an abortion, though the state has a legitimate interest in protecting the unborn after a certain point and protecting a mother’s health
Roe v. Wade
SC Case- First Amendment case, in which school-sponsored religious activities violate the establishment clause
Engel v. Vitale
is the welfare or well-being of the general public
public interest
Supreme Court has ruled in landmark cases that state laws must also adhere to selective Bill of Rights provisions through the Fourteenth Amendment’s due process clause
selective incorporation
this ensures fair procedures when the government burdens or deprives an individual
due process
amendment that prohibits unlawful searches and seizures
Fourth Amendment
amendment that states “all persons born or naturalized in the United States…are citizens” and that no state can “deprive any person of life, liberty, or property, without due process of law…” (equal protection clause)
Fourteenth Amendment
nonverbal communication, such as burning a flag or wearing an armband that is protected under certain circumstances by the First Amendment
symbolic speech
the right to stop spoken or printed expression in advance
prior restraint
speech or actions that depict sexual conduct in a manner that is “patently offensive” to community standards, and lacks serious artistic, political, or scientific value, not protected by the First Amendment
obscene speech
refers to false statements in print that defame someone, hurting their reputation
libel
division between church and state
“wall of separation”
constitutional provision that prevents the federal government from establishing a national religion
establishment clause
The three-part test for Establishment Clause court cases that a law must pass before it is declared constitutional: it must have a secular (non-religious) purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
The Lemon Test
SC Case- that held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.
Miranda v. Arizona
constitutional provision that prevents governments from stopping religious practices
free exercise clause
states that evidence the government finds or takes in violation of the Fourth Amendment can be excluded from trial
exclusionary rule
A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.
Fifth Amendment
