Exam 2 Concepts & Clauses Flashcards
(23 cards)
Bad Tendency
Does the speech have the sole purpose of advocating for people to break the law?
Clear and Present Danger
The speech must impose a threat that a substantive evil might follow, and second, the threat is a real, imminent threat. Originated Schenck v. US. Overturned, Brandenburg v. Ohio.
Imminent Lawless Action
The advocacy is directed to inciting or producing imminent lawless action & likely to produce such action. Originated, Brandenburg v. Ohio.
Harmless Error
An error by a trial judge in the conduct of a trial that an appellate court finds was not damaging enough to the appealing party’s right to a fair trial to justify reversing the judgment, or to warrant a new trial.
Grave and Irreparable Danger
If a certain message will likely cause a “grave and irreparable” danger to the American public when expressed, then the message’s prior restraint could be considered an acceptable infringement of civil liberties. Changed Grave and Probable to this in NYT v US.
Prior Restraint
Judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful.
Tinker Test
Speech may not be suppressed unless the school determines the speech causes a substantial disruption or material interference with school activities.
O’Brien Test
The test permits laws burdening expressive conduct as long as they are narrowly tailored to further a substantial governmental interest.
Actual Malice Standard
Target (public figure) of libel must show that it was made with the knowledge of or reckless disregard for its falsity.
Exclusionary Rule
Evidence obtained in violation of constitutional rights is not admissible in court.
Fruit of the Poisonous Tree
Extends to other evidence gained due to the illegal search
Private Organizations
Must be selective and have expressive association to be allowed to discriminate.
Can the police search my car?
Yes with permission if nothing is visible. They don’t need to inform you of your right to say no. Ignorance does not absolve.
Batson Challenge
The act of objecting the validity of a peremptory challenge, on grounds that the other party used it to exclude a potential juror based on race, ethnicity, or sex.
Equal Protection Clause
No state shall deny to any person within its jurisdiction the equal protection of the laws.
Suspect classification
race, religion, national origin, and alienage. When a law or gov. action affects a group that falls under a suspect classification, strict scrutiny is applied by the supreme court.
Amendment 1
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment 4
Protects people from unreasonable searches and seizures by the government.
Amendment 5
Protects criminal defendants from having to testify if they may incriminate themselves through the testimony. A witness may “plead the Fifth” and not answer if the witness believes answering the question may be self-incriminatory.
Amendment 14
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Due Process Clause
Established by the 14th Amendment, guarantees that the government cannot take a person’s basic rights to “life, liberty, or property, without due process of law.” The due process right is designed to protect citizens from actions taken by state government, counties, towns, and cities.
Strict Scrutiny
An extremely important government interest must be advanced in the least speech-restrictive way possible.
Selective Incorporation
Not all rights in the first 10 amendments are applied to the states, the court must say so on a case by case basis. Rights that were previously not applied to the states will be incorporated into them by being brought before the Supreme Court.
