Exam 1: Study Guide Terms Pt 4 Flashcards
(58 cards)
Civil rights
Privileges the govt must guarantee to citizens.
Vote, jury trial
Civil liberties
Individual rights protected by constitution against the power of govt.
Freedoms guaranteed to individuals that the govt cant take away (art 1 sec 9) / Bill of Rights
(speech, assembly freedoms)
Incorporation
Bill of Rights - The incorporation of Bill of Rights also applies to local and state govts.
Habeas corpus
Cannot be detained without being officially charged with a crime
(Guantanamo bay violates this or not?)
(Art 1 sec 9.. govt cannot..)
Due process clause
The constitutional guarantee (5th/14th amendment) that the govt cannot illegally or arbitrarily deprive a person of their life, liberty, or property.
Stouffer study
1950s study, survey of 2,000+ people, virtually all agreed on freedom of speech –> later asks if we should allow admitted communists to speak publicly (27% say yes), socialists (60% say yes), Atheists (37% say yes)
Free speech comes at a cost.
Establishment clause
Government will not establish a natl religion
Free exercise clause
Government will not restrict anyone’s access to practice their religion (unless unlawful by practice’s nature..)
Court cases we discuss
Speech:
Snyder v Phelps (Supreme court 8-1 rules speech is protected of Westboro baptists)
Schenck v US (1919) Mail circulars telling people to resist the draft - Not OK, presents a clear and present danger
Brandenburg v Ohio (1969) KKK type public speeches - OK b/c it will not likely result in lawless action and is abstract teaching, his speech is protected.
Religion:
Good News Club v Milford Central School (2011) (Good News Club has right to have club at the school)
Santa Fe Independent School District v Doe (2000) (Not okay to pray over loudspeaker before football games despite student vote to pray)
Limits to free speech
4 cases: Libel/Slander, Fighting words, commercial speech, obscenity
Libel/slander
speaking/writing false statements
Slander: speaking of a statement that holds a person up for contempt/ridicule
Libel: Published false reports intended to injure one’s reputation/character
Fighting words
Immediate threat to public safety
Commercial speech
Limited for public good/benefit
no cigarette on TV, no false adverts
Obscenity
Indecency or offensiveness in speech, expression, behaviour, appearance. Normally determined by community standards.
Citizens United
Citizens United v. Federal Election Commission (2010)
Groups can spend as much as they want to elect/defeat a candidate. No limit on funding a campaign.
Super PAC
Organizations working to elect specific candidates (they can spend as much as they want)
Miranda warnings
Must be read to all people while being arrested/charged with a crime, explains rights of accused.
Exclusionary rule
Any evidence found not in complete/whole legal manner/due process cannot be submitted in court, regardless of evidence value.
! Mapp v Ohio (1961) - Police enter ladies home looking for suspect with a fake warrant/no grounds and find a bunch of illegal stuff, they took it illegally and she wasnt charged.
Tainted evidence in other countries
Basically all other countries will include incriminating evidence just depends on circumstances. (eg Canada and the guy with a huge amount of cocaine, he still served prison time regardless of it being found without cause)
Privacy
Not literally in Bill of RIghts But Amendments 1+3+4+5+9 give us “zones of privacy”
Right to privacy basis of overturning State restrictions on birth control, abortion, homosexual activity
allow states to permit “right to die” (assisted suicide/ legality of suicide)
Government surveillance
PRISM (electronic) Phone metadata Remote control drone aircraft GPS data from phones Video cameras National security letters to banks, phone, internet companies Facial Recognition
PRISM
Communication flows through US based servers- US uses datamapping to collect ?% (1 or 2) of all communication and stores it… from FB, Yahoo, Google, Youtube, Skype, etc.
Edward Snowden
Former NSA contractor, leaked classified docs to Wash Post and The Guardian (london) about collection of phone metadata and NSA PRISM.
Led to tussels with Brazil, Russia, UN- Russia and China now know more about our surveillance (!!!! big deal) and Al Qaeda may change communication technique (!! … they kinda have to use phones and stuff..)
He’s now hiding out in Russia.
FISA court
Foreign Intelligence Surveillance Act court- can grant permission to conduct electronic surveillance (warrants). 11 members appointed by supreme court chief justice (they mostly GOP right now). Not many are denied, many are adjusted.
Deters request since its a hard process?
