Unit 3 Flashcards
Civil rights
Govt guarantees of political equality
Civil liberties
Protect individuals from govt interference
Establishment clause
Prevents the government from establishing a state religion; cannot favor or disregard any religion
Free exercise clause
Prevents the govt from stopping religious practices as long as it does not oppose other people’s beliefs
Wall of separation
Describes how there should be a separation between church and state; coined by Jefferson
Engel v vitale
Establishment clause case that ruled mandatory prayer violated the first amendment (establishment clause)
What has to happen for the government to infringe on free speech
A compelling govt interest
Schenck v US
Created the clear and present danger test since he interfered with congress’s ability to assemble an army
Smith Act
Outlaws advocating for the overthrow of the US government
Time place and manner restrictions
Allows the government to limit free speech under certain criteria
Time place and manner restrictions
Allows the government to limit free speech under certain criteria
Comstock Act
Banned obscene material through the mail
Libel
Knowingly Printing false information to cause damage
Gun control act of 1968
Passed in response to JFK and MLK; makes it illegal to directly order a shotgun in the mail
Brady Bill
Passed in response to Reagan assassination attempt;
proceedural due process
the method by which the law is enforced
McDonald v Chicago
incorporates the 2nd amendments to the states
Mapp v Ohio
incorporated the 4th amendments to the state
Weeks vs US
evidence obtained illegally cannot be used against someone
New Jersey vs TLO
established that school admin only needs reasonable suspicion to search a student
5th amendment
includes the right against self-incrimination (remain silent)
Miranda v Arizona
established Miranda Rights
6th Amendment
established the right to counsel
Gideon v Wainwright
Established that people have a right to counsel in felony cases