Civil Liberties Flashcards
(34 cards)
What court cases follow free speech?
Tinker V. Des Moines
Schenck V. US
What court cases follow free religion?
Establishment Clause
Free exercise clause
Engel V. Vitale
Wisconsin V. Yoder
What court cases follow free press?
New York Times V. US (pentagon papers)
What court cases follow the second amendment?
McDonald V. Chicago
What court cases follow Due process rights?
Miranda V. Arizona
Gideon V. Wainwright
What did the supreme court decide for TInker V. Des Moines?
The symbolic speech was protected by the First Amendment as long as it did not pose a “substantial and material disruption” to the educational process.
What did the supreme court decide for Schenck V. US?
The Supreme Court ruled that Schenck’s actions were not protected free speech and that freedom of speech could be limited in times of war or when it led to a “clear and present danger.”
What did the supreme court decide for Engel V. Vitale?
The Supreme Court ruled that school-sponsored prayer did indeed violate the establishment clause.
What did the supreme court decide for Wisconsin V. Yoder
The Supreme Court ruled in favor of the Amish families, noting that free exercise could not be interfered with unless there was a “compelling government interest.”
What did the supreme court decide for the pentagon papers?
The Supreme Court ruled that prior restraint could not be used because the information being published would not put American troops in danger.
What did the supreme court decide for McDonald V. Chicago
The Supreme Court agreed with McDonald’s argument that Chicago’s laws violated his due process and incorporated the Second Amendment to state governments.
What did the supreme court decide for Miranda V. Arizona
The Supreme Court ruled that individuals had to be informed of their due process rights prior to being questioned.
Establishment Clause
Separation of wall and state by TJ
The federal government cannot make create a federal religion or favor a religion
Free exercise clause
Each person has the right to believe what they want but cannot make illegal acts toward it
What can the government regulate with the first amendment?
Time, place, manner, obscene, offensive behavior
What case strengthed free speech rights?
Tinker V. Des Moines
What case put limitations on free speech rights?
Schenck V. US
Libel
WRITTEN attacks on a person’s name
Slander
SPOKEN attacks on a person’s name
Prior Restraint
Limiting freedom of the press by preventing publication
What test is used in courts for the 1st amendment?
Lemon test
What is the only speech 100% of the time protected by the constitution?
Pure speech
Espionage Act
Banning support of the enemy during wartimes
1 amendment
Freedoms: Religion, assembly, speech, a petition to the government, press
