civil rights Flashcards
(50 cards)
1st amendment
Freedom of speech, the press, religion, assembly, petition the government, and Establishment Clause
2nd amendment
bear arms
3rd amendment
no quartering troops
4th amendment
no unreasonable searches or seizures
5th amendment
Right to a grand jury, no double jeopardy, no self incrimination, no private property taken without compensation
6th amendment
Right to a speedy and public trial, informed of the charges, confront witnesses, counsel
7th amendment
jury in civil case
8th
No excessive bail or cruel or unusual punishment
9th
Enumerated powers
10th amendment
Powers not delegated in the Constitution are reserved to the states
Civil liberties:
the legal constitutional protections against government; although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislatures define their meaning
Gitlow v. New York:
holds that freedom of the press and speech are fundamental personal rights and liberties protected by the due process clause of the 14th amendment
The Fourteenth Amendment:
equal protection and due process
, citizenship
Incorporation doctrine:
the legal concept under which the Supreme court has nationalized the Bill of Rights by making most of its provisions applicable to the states (14th amendment)
Lemon v Kurtzman: aid to church related schools must do the following:
Have a secular legislative purpose
Have a primary effect that neither advances nor inhibits religion
Not foster an excessive government “entanglement” with religion
Employment division vs. Smith:
state laws interfering with religious practices but not specifically aimed at religion are constitutional
Prior restraint:
censorship
Near v. Minnesota:
the first amendment protects newspapers from prior restraint
Schenck v. United States:
government can limit speech if the speech provokes a clear and present danger of substantive evils
Miller v. California:
re: obscenity: defining obscenity by holding that community standards be used to determine whether material is obscene
New York Times vs. Sullivan:
public figures must prove that the defamatory statements were made with “actual malice”
Symbolic speech:
nonverbal communication, such as burning a flag or wearing an armband
Commercial speech:
communication in the form of advertising; it can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court
NAACP v. Alabama:
people have the right to associate with whichever groups they want
