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civil liberties

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the constitutional and other legal protections against government actions - formally set down in the BOR

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U of WI Madison V. Southworth

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if a university determines that its mission is well served if the students have the means to engage in dynamic discussion on a broad range of issues, it may impose a mandatory fee to sustain such dialogue

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conservatives

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like to stick to the traditional ways of government and tend to oppose change

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liberals

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people who generally favor government action and view change as progress

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supreme court

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final interpreter of the content and scope of our liberties

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BOR 1789 (ratified 1791)

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abuses of England fresh in the mind of colonists

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amendment 1

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religion, speech, assembly, petition

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amendment 2

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right to bear arms

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amendment 3

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quartering to soldiers

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amendment 4

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searches and seizures

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amendment 5

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grand juries, double jeopardy, self incrimination, due process, eminent domain

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amendment 6

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criminal court procedures

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amendment 7

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trial by jury in common-law cases

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amendment 8

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bails, fines, and punishment

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amendment 9

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rights retained by the people

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amendment 10

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rights reserved to the states

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BOR restricted rights of...

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National Government, not states

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Barron V. Baltimore

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1833 - BOR restrained only the national government, not the states and cities

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14th amendment

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adopted after the Civil war, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the Unites States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws"

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slaughterhouse cases

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1873 - the supreme court gave a narrow interpretation of the 14th amendment's privileges or immunities clause, concluding it applied only to national citizenship and not state citizenship and thus did little to protect rights against state actions

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Gitlow V New York

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1925 - the freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the 14th amendment from impairment by the states" as well as by the federal government

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due process clause

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part of the 14th amendment guaranteeing that persons cannt be deprived of life, liberty, or property by the United States of state governments without due process of law

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incorporation doctrine

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the legal concept under which the supreme court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th amendment

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Freedom of Religion

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establishment clause and free exercise clause

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establishment clause

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Congress shall make no law respecting an establishment of religion

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free exercise clause

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prohibits the abridgment of citizen's freedom to worship or not to worship as they please

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Lemon v. Kurtzman

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1971 - established that aid to church related schools must 1. have a secular legislative purpose, 2. have a primary effect that neither advances nor inhibits religion; and 3. not foster excessive government entanglement with religion

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Agostini v Felton

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1997 - public school systems could send teachers into parochial schools to teach remedial and supplemental classes to needy children

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Zelman v. Simmons-Harris

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2002 - upheld a state program providing families with vouchers that could be used to pay for tuition at religious schools

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1984 Equal Access Act

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Congress made it unlawful for any public high school receiving federal funds to keep student groups from using school facilities for religious worship if the school opens its facilities for other student meetings

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Engel v Vitale

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1962 - state officials violated the first amendment when they wrote a prayer to be recited by New York's schoolchildren

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Abington Township, Pennsylvania v. Schempp

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1963 - holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment

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Evolution

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states cannot prohibit Darwin's theory of evolution from being taught in the public schools - requiring teachers to present "intelligent design" (the view that living things are too complicated to have resulted from natural selection) as an alternative to evolution is a constitutionally unacceptable promotion of religion in the classroom

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public displays

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the court argued that simply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the establishment clause -Texas's placement of the Commandments monument on its capitol grounds was a far more passive use of those texts than their posting in elementary school classrooms and also served a legitimate historical purpose

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holiday public displays

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the court invalidated the display of the nativity scene without secular symbols in a courthouse because, in this context, the country gave the impression of endorsing the display's religious message, nativity scene could be set up on public property along with Santa's sleigh, Christmas trees, and other symbols

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Free exercise v Societal Norms

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religions sometimes forbid actions that society thanks are necessary; conversely, religions may require actions that society finds unacceptable. not all religious practices receive constitutional protection. the court has upheld laws and regulations forbidding polygamy, prohibiting business activities on a Sunday, denying tax exemptions to religious schools that discriminate on the basis of race, allowing the building of a road through ground sacred to some Native Americans, etc

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Employment Division v Smith

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the court decided that state laws interfering with religious practices but not specifically aimed at religion were constitutional, as long as a law did not single out religious practices because they were engaged in for religious reasons, it could apply to conduct even if the conduct were religiously inspired

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Freedom of Expression

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democracy depends on this, Americans pride themselves on their free and open society, it however is not absolute

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Permissible v impermissible

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Can the government censor speech that it thinks will violate the law? What constitutes speech (or press) within the meaning of the First Amendment, and thus deserves constitutional protection, and what does not?

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Permissible

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holding a political rally to attack an opposing candidates stand, certain forms of nonverbal speech such as picketing are considered symbolic speech

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Impermissible

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legislatures and universities may not single out racial, religious, or sexual insults or threats for prosecution as hate speech or bias crimes

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obscenity

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Roth v. United States: "obscenity is not within the area of constitutionally protected speech or press" Miller v California: Material is obscene if... 1.) The work, taken as a whole, appealed "to a prurient interest in sex" 2.) The work showed "patently offensive" sexual conduct that was specifically defined by obscenity law 3.) The work, taken as a whole, lacked "serious literary, artistic, political, or scientific value."

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hate speech

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ie. racial insults, fighting words; supreme court ruled that legislatures and universities may not single out racial, religious, or sexual insults or threats for prosecution as "hate speech" or "bias crimes"

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prior restraint

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government actions preventing material from being published. Usually prohibited by the first amendment (near v Minnesota) the extent of an individual's or group's freedom from prior restraint does depends on who that individual or group is

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Near v. Minnesota

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1931- Supreme court decision holding that the First amendment protects newspapers from prior restraint - a blunt newspaper editor called local officials a string of names, the state closed down his business, but the supreme court ordered the paper reopened

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Pentagon Papers

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leaked them to NY times hoping to end American involvement in Vietnam War - national security was being breached - no prior restraint rule prohibited prosecution, no charges filed

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Schenck v. United States

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1919 - upholding the conviction of a socialist who had urged the resistance to the draft during WWI. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils

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Clear and Present Danger Test

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only when danger exists can government restrain speech

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Dennis vs. United States

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the supreme court upheld prison sentences for several Communist Part leaders for conspiring to advocate the violent overthrow of the government - even in the absence of evidence that they actually urged people to commit specific acts of violence

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Yates vs. United States Brandenburg vs. Ohio

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the court has found that it is permissible to advocated the violent overthrow of the government in the abstract but not actually to incite anyone to imminent lawless action

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Roth vs. United States

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ruling that "obscenity is not within the area of constitutionally protected speech or press"

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Miller vs. California

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1973 - holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value

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Miller test

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Material is obscene if... 1.) The work, taken as a whole, appealed "to a prurient interest in sex" 2.) The work showed "patently offensive" sexual conduct that was specifically defined by obscenity law 3.) The work, taken as a whole, lacked "serious literary, artistic, political, or scientific value."

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Erznoznik vs. Jacksonville

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held that Jacksonville's ordinance was unconstitutionally broad. The city council had gone too far; it could end up banning movies that might not be obscene "Clearly, all nudity cannot be deemed obscene"

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libel

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the publication of false and malicious states that damage someone's reputation

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slander

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spoken of false and malicious states that damage someone's reputation

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Public vs Private Figures

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private individuals have a lower standard to meet for winning libel lawsuits, they need show only that statements made about them were defamatory falsehoods and that the author was negligent. If public debate is not free, there can be no democracy, yet in the process of free debate some reputations will be damaged sometimes unfairly.

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NY Times vs. Sullivan

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establishing that to win damage suits for libel, public figures must prove that the defamatory statements were made with "actual malice" and reckless disregard for the truth

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Hustler vs. Falwell

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Falwell had alleged that the ad subjected him to great emotional distress and mental anguish. The case tested the limits to which a publication could go to parody or lampoon a public figure. The supreme court ruled that they can go pretty far - all nine justices ruled in favor of the magazine

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Symbolic speech

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nonverbal communication, such as burning a flag or wearing an armband, the supreme court has accorded some symbolic speech protection under the first amendment

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Tinker vs. Des Moines

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Tinker and her husband wore black armbands to protest the Vietnam War, The supreme court held that the suspension violated the Tinkers' First Amendment rights

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Texas vs. Johnson

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Gregory Johnson set a flag on fire at the 1984 Republican National Convention in Dallas to protest nuclear weapons, the Supreme Court decided that the state law prohibiting flag desecration violated the First Amendment, burning the flag constituted speech and not just dramatic action

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Free Press

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print what it wants, the court never upheld a restriction on the press in the interest of a fair trial, the constitution's guarantee of freedom of the press entitles journalists to cover every trial

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Brazburg vs. Hayes

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in the absence of shield laws (protects reporters), the rights of a fair trial preempts the reporter's right to protect sources

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Zurcher vs. Standford Daily

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holding that a search warrant could be applied to a newspaper without necessarily violating the First Amendment rights to freedom of the press

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Federal Trade Commission

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decides what kinds of goods may be advertised on radio and television and regulates the content of such advertising

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Commercial speech

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communication in the form of advertising, which can be restricted more than many other types of speech

AP Gov Unit 4 Civil Liberties – Flashcards

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