Unit 5 Flashcards
Civil Rights & Liberties
Civil Liberties
fundamental freedoms guaranteed by the Constitution
The Bill of Rights
First 10 amendments
The Establishment Clause
State can’t select a religion, in first amendment
The Free Exercise Clause
Citizens can practice any religion, in first amendment
Incorporation Doctrine
Extends protections of bill of rights to state govts, in due process clause of 14th amendment
Gitlow v. New York
First example of incorporation doctrine, Gitlow argued state law violated his first amendment speech rights
Barron v. Baltimore
SCOTUS ruled states do not have to follow bill of rights until incorporated
Engel v. Vitale
Establishment clause, school-sponsored prayer violates it
Clear and Present Danger Doctrine
From Schenck v US, speech presenting clear & present danger is not protected by first amendment
Prior Restraint
Government cannot stop press from printing something in advance
Roth v. United States
Obscene materials not part of first amendment protection
Libel
Publishing false statements to defame someone
New York v. Sullivan
NYT made slightly wrong claims about Sullivan, court said there should be gray area for press to debate
Symbolic Speech
Protected by first amendment, cannot defend an illegal act
Texas v. Johnson
Burning flag down was symbolic speech, not illegal
Commercial Speech
Speech for selling stuff gets less first amendment protection
Slander
Saying false statements to defame someone
Freedom of Assembly and Association
Gather peacefully, express views, form groups to pursue common goals, part of first amendment
Exclusionary rule
Evidence in violation of 4th amendment (unreasonable search) can’t be used in court
Mapp v. Ohio
Police found porn and arrested for obscenity, SCOTUS said it was against 4th amendment, incorporated the 4th amendment
Self-incrimination
5th amendment says people can’t be forced to incriminate themselves
Miranda v. Arizona
Set up Miranda Warning, you have the right to remain silent
Gideon v. Wainwright
States must give lawyer to those who don’t have one, incorporated 6th amendment
Double jeopardy
Someone can’t be tried twice, fifth amendment