Multiple CHoice Test 1 semester 2 Flashcards
(49 cards)
What are Civil Liberties
Fundamental rights and freedoms protected from infringement by the government
What are Civil rights
protections from discrimination as a member of a particular group
What is the bill of rights
list of fundamental rights and freedoms that individuals possess
What was the anti-fed view on the bill of rights
They didn’t wanna ratify the constitution without it
What was the federalist view regarding a bill of rights
- They felt it was unnecessary and they were worried that they would never think of all the rights people have
What levels of government did the federal bill of rights initially apply yo
-National level
What is selective incorporation
applying the bill of rights to states on a case by case basis
Which supreme court case was selective incorporation first uses? How?
-Gitlow vs New York
-1st case they applied the bill of rights to the states
Which constitutional amendment laid the foundation to extend the bill of rights to the states
-The 14th amendment
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 cause
- it prevents a national religion (cant require citizens to join or support a religion)
what is the free exercise clause
-protection of the rights of individuals to exercise and express their religious beliefs
what was decided in the supreme court case of Engle vs. vitale
-cannot have prayer in school that every single person has to hear or recite
what is the current status of prayer in public schools
-cannot have prayer during instructional time but students can pray on their own during non instructional time
what is the “Lemon Test”
-the government has to stay neutral on religion and cant use tax dollars to help support religious schools
What was decided in the supreme court case of Wisconsin vs Yoder
-forcing Amish children to attend highschool is unconstitutional because it goes against their religious beliefs in the Free exercise clause
what was decided in the supreme court case Schneck vs United States?
-clear and present danger test
-speech that creates a threat to national security is not protected under the 1st amendment
What was decided in the supreme court case New york times vs United States
-gov couldn’t stop the newspapers from printing the stolen, classified materials because they couldn’t prove an actual threat to national secuirty
What was decided in the supreme court case of Brandenburg vs Ohio
-freedom of speech is allowed unless it advocates for evident lawless action that is likely to happen
what was decided in the supreme court case Tinker vs Des Moines
-students have free speech at school (such as wearing armbands to protest war), schools can only restrict it if it they can prove it is going to disrupt the operation of the school
What is libel? what is slander?
-libel is an untrue written statement to injure someones reputation
-slander is an untrue spoken statement that injures a persons reputation
What was decided in the supreme court case of New York times vs Sullivan
- the press protects all statements regarding government officials , unless they are very untrue
what is hate speech
-speech that has no purpose except to express hatred towards people of a certain subgrouo
what was the standard for obscenity in Roth vs United States
-what the average person would consider offensive