multiple choice February 10 Flashcards
what are civil liberties
certain rights and freedoms protected from infringements of the gov
what is civil rigths
protections from discrimination as a member of a particular group
what is the bill of rights
first 10 amendments of the constitution and lists fundamental rights and freedoms
what was the anti federalist view regarding a bill of rights
you have to have the bill of rights listed as a protection against a strong national gov
what was the federalist view regarding the bill of rights
a bill of rights would be dangerous because you can think of everything
what levels of gov did the federal bill of rights initially apply to
only the national gov
is selective incorporation
applying the bill of rights to states on a cases by case basis
which supreme court case was selective incorporation first used? how?
gitlow vs new york it was the first case they applied the bill of rights to states
which constitutional amendment laid the foundation to extend the bill of rights to the states
14
what is the due process clause
no state can deny a person life, liberty, or property without due process of law
what is the establishment clause
no national religion
what is the free exercise clause
protection of rights to extercise and express your religious beliefs
what was decided in the supreme court case of Engle vs Vitale
you can’t have prayer said aloud in school
what is the current status of prayer in public schools
no pray during instructional time but religious clubs are okay
is the “lemon test”
set guidelines to make sure you cant have taxes to pay for
what was decided in the supreme court case of Wisconsin vs yoder
you cant use mandatory school attendence to make Amish students attend high school
what was decided in the supreme court case of schenck vs US
the clear and present danger test the gov can limit certain types of speech
what was decided in the supreme court case of NYT vs US
the printed documents because they couldnt prove “prior restraint” gov stopping press from piublishing
what was decided in the supreme court case of Brandenburg vs ohio
free speech is alound unless it called for em init lawless action that is likely to occur
what was decided in the supreme court case of tinker vs Des Moines independent community schools
students have protected speech at school unless proven to disrupt function
what is libel? what is Slander?
Slander is spoken lies
libel is verbal lies
what was decided in the supreme court case of NYT vs Sullivan
press is protected from lawsuits unless making deliberately false statements
what is hate Speech
speech with no purpose except discrimination toward a group by race gender ECT…
what was the standard obscenity for roth vs US
groups have constitution rigths to meet even if it is unpopular