government unit 5 Flashcards
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Bethel v. Fraser
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1986 - sexual language or innuendo can be limited in school, disruption
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civil rights
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equal treatment under law, government action to secure rights of citizens, popular sovereignty amendments - 13-15, 19, 26
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civil liberties
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individual freedoms that limit the power of government, Bill of Rights
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the source of authority cited by the Supreme Court for applying the Bill of Rights to the states
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14th Amendment
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in the conflict between accommodationist and separationist views of the establishment clause, the Supreme Court has, in recent times
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established no clear pattern and has favored each position at various times
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the Lemon test
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3 part test to determine if establishment clause is violated - have nonreligious purpose - neither advance or limit religion - no excessive entanglement of government and religion
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In attempting to decide when speech can be prohibited, the Supreme Court has
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made it harder for government to suppress speech
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The national government decides to prosecute a speaker who states at a political rally, "The U.S. government's policy toward the Middle East is responsible for the violence in the region, and our leaders should be forced to change their policy." Although the government would most likely be unsuccessful, for what would the government prosecute the speaker?
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sedition
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treason
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the act of aiding and comforting enemy of US in time of war (spying)
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sedition
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use of language that encourages people to rebel against lawful government
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Schneck v. United States
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1919 - established boundaries for constitutional protections of free expression, established Clear and Present Danger test
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Brandenburg v. Ohio
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1969 - created Imminent Lawless Action test (current test) created a new standard for regulating political speech where the speech has to be linked to action within a specific time frame (person had to be likely to succeed)
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prior restraint
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stopping someone from expressing an idea or providing information before publishing
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Near v. Minnesota
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1931 - MN law that kept news from publishing about government corruption, form of censorship and violated 1st Amendment
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shield laws
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reporters can protect sources identity
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Branzburg v. Hayes
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1972 - reporters have to testify about info in court, just like all other citizens
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libel
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written statement or visual presentation that is defamatory or unjustly harms another's character or reputation
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slander
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verbal defamation
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NY Times v. Sullivan
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1964 - set libel guidelines, libelous if there was knowledge that they disregarded
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obscenity
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something sexually indecent and highly offensive
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Miller v. California
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1973 - child pornography is not protected as expression, does obscene speech, by law, meet defined community standard
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symbolic speech
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an action meant to deliver a message
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order of protected speech
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1. Political Speech 2. Symbolic Speech 3. Obscene Speech 4. Offensive/Hate Speech 5. Fighting Words - words lead to violence
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Miller Test
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- community contemporary standards - state law - SLAPS test government has to prove all
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SLAPS test
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serious, literary, artistic, political, scientific
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Mapp v. Ohio
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1961 - Incorporation of exclusionary rule (extended exclusionary rule to states)
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exclusionary rule
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illegally seized evidence cannot be used to obtain a conviction
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Gideon v. Wainwright
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1963 - right to attorney in non-capital case
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Powell v. Alabama
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1932 - right to attorney in capital case
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Santa Fe v. Jane Doe
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2000 - Sanctioned prayer in schools, even in extra-curricular activities, is a violation of the establishment clause
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Texas v. Johnson
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1989 - flag burning was protected as symbolic speech
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Gitlow v. NY
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1925 - freedoms in Bill of Rights protect people from state and federal governments
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due process
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Fifth Amendment guarantee that the government will use fair and lawful procedures when fulfilling its functions
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procedural due process example
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Fairly applying a law that requires a group to get a permit to hold a parade
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constitutional right to privacy
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a right to privacy is not clearly spelled out in the Constitution, but many people argue the right is implied
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substantive due process
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standard that the courts may apply to determine if a law itself is reasonable or a violation of constitutional rights
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Griswold v. Connecticut
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1965 - opened the door for a variety of claims regarding the right to privacy
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1st Amendment
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freedom of - speech - religion - press - assembly - petition
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2nd Amendment
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right to bear arms
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3rd Amendment
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right to refuse quartering (soldiers in house)
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4th Amendment
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search and seizures - police need a warrant
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5th Amendment
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- right to remain silent - grand jury requirement - no double jeopardy - due process
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6th Amendment
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- speedy and public trial - have lawyer - right to witness testify - cross examen witness - jury be peers - face accuser(s)
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7th Amendment
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jury trial in civil cases (over $20)
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8th Amendment
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no cruel and unusual punishment, no excessive bail
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9th Amendment
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unenumerated rights - rights extend beyond the Bill of Rights, if it's not in constitution, it's reserved for the individual people
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10th Amendment
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reserved powers (state powers)
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14th Amendment
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- Guarantee of due process under the law - equal protection under law, - Guarantee of citizenship to groups previously denied
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police power
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authority to promote and protect health, safety, and welfare of people, exercised primarily by state/local
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process of incorporation as it has evolved in the US
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via the due process clause, the Bill of Rights has selectively been incorporated to the states
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Free exercise clause
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congress can't limit exercise of religion beliefs, - this does not cover a person's right to behave
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Engel v. Vitale
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1962 - no prayer in groups in schools, individual students can pray anywhere
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1984 Equal Access Act
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all groups have same rights to use school buildings for meetings
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establishment clause
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congress can't make laws respecting an establishment of religion, separation between church and state
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probable clause
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reasonable grounds to search
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Miranda Rights
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police must inform suspects of their rights to refuse to answer
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Brown v. Mississippi
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1936 - police tortured suspect to force confession (self-incrimination) - unconstitutional
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writ of Habeas Corpus
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requires police to bring accused person to court and show good reasons for jailing
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bills of attainder
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government can't pass laws directed at specific person
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ex post facto laws
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government can't pass laws that apply to actions that took place before laws were passed
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expectation of privacy test
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1. Did you actually expect some degree of privacy? (Not might nor often or sometimes) 2. Is your expectation to privacy objectively reasonable? Does society as a whole agree?
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key factors to determine reasonableness
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- is the item that the school is searching for something dangerous? - how reliable is the information? - how badly was the person's privacy invaded?
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bill of rights designed to
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protect people's civil liberties
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reason for the government to limit individual rights
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to protect the safety and health of the public
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the first amendment gives individuals the right to express their concerns to gov officials t/f
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true
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In a test of sedition laws, what rule did the Court establish to decide if an expression was seditious and not protected by the First Amendment?
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the clear and present danger test
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court general definition of hate speech
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verbally insulting someone of a different race to the point of causing a disturbance
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New York Times v. Sullivan established the test for libel against a public official as false statement that
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shows actual malice
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Cable television stations have greater constitutional protections than other stations because
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they don't use public airways
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According to Supreme Court rulings, which of the following is not a form of symbolic speech that is protected by the First Amendment? a. wearing armbands to protest war b. burning the U.S. flag c. burning a draft card d. staging a sit-in
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c.) burning a draft card
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In the interest of national security, the U.S. government limits free speech by outlawing ____, any act that aids a U.S. enemy during wartime.
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treason
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libel isn't...
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protected under the 1st amendment
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Child pornography and other types of offensive material are considered ____ and are not protected by the First Amendment.
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obscenity
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The First Amendment prevents the government from using ___ to censor information or idea that someone might seek to publish in a newspaper.
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prior restraint
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The use of language that encourages rebellion against the government is ____ and is not protected by the First Amendment
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sedition
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According to the 14th Amendment, States cannot take your life, freedom or stuff without
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due process
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Which Supreme Court case said the Bills of Rights applied only to the National Government?
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Barron v. Baltimore
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Which of the following term is used to describe the process by which the rights in the Bill of Rights have been applied to the States on a case by case, right by right basis?
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Selective incorporation
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Which of the following Supreme Court cases did not incorporate a right to the States? a. Gitlow v. New York b. Mille Lacs Band of Ojibwe v. Minnesota c. Mapp v. Ohio d. All of these cases incorporated a right e. Benton v. Maryland
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b.
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civil liberties
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limited gov
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civil rights
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pop sov
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In which of the following Supreme Court cases, did the court rule that calling someone a "********ed racketeer" and a "damned fascist" in a public place did not convey ideas and were, therefore, not subject to First Amendment protections. The court described these utterances as "fighting words" - words that "inflict injury or tend to incite an immediate breach of the peace".
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Chaplinsky v. New Hampshire
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Which of the following standards is the current test the courts use to determine if government can regulate your speech (not in school)?
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The Imminent Lawless Action Test
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The highest level of protection is reserved for what type of speech?
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political
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Which type of speech has the lowest level of protection ?
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fightin'
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The Imminent Lawless Action test was established in which Supreme Court case?
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Brandenburg v. Ohio
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What is the primary reason to have freedom of speech?
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allow for the criticism of government
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In which of the following Supreme Court cases, did the court say "The question in every case is whether the words used are used in such circumstances and are of such a nature to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." The "clear and present danger" standard was later replaced by the "imminent lawless action" standard.Schenck v. United States
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Schenck v. United States
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The Supreme Court ruling in NAACP v. Alabama guaranteed
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the right to freedom of association
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The First Amendment guarantees people's right to associate with any group they choose without government intervention.
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true
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In a 1978 decision, the Illinois Supreme Court ruled that the government could prevent neo-Nazis from parading through a largely Jewish city without violating the First Amendment.
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true
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The Supreme Court has interpreted the First Amendment to allow demonstrations that would disrupt educational activities in school.
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false
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What is the purpose of time, place and manner regulations?
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to maintain the public order and general safety by regulating the freedom of assembly
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The First Amendment guarantees the right to demonstrate on the private property of a business.
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false
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The Supreme Court has determined that the government can restrict
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demonstration in prison
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Which Supreme Court decision said that the censorship of the content of a story before it is in print or aired on television is unconstitutional?
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Near v. Minnesota
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What does libel mean? I. written defamation of a person's character or reputation II. broadcasted defamation that exposes a person to public hatred III. published pictures that defame a person's character IV. oral defamation of a person's character or reputation V. publishing in print lies about a person
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I, II, III, V only
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In which of the following Supreme Court decisions did the Court uphold the prohibition against prior restraint and at the same time limited the President's power of executive privilege?
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New York Times v. the United States
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All of the following are reasons to preserve the freedom of the press except a. It is essential for the political system to work. b. If the story is untrue, there is already a remedy c. The press protects us from an overreaching government. d. Our democracy relies on the citizens having enough information to make decisions and hold elected officials accountable. e. Suppression of a free press is "how dictators get started".
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b
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What does "abridge" mean in the context of the first amendment? I. A span over an otherwise impassable expanse II. to curtail III. to shorten without losing the sense or meaning IV. to lessen in scope and authority V. to preserve
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II, IV only
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Which Supreme Court decision created the standard/precedent/ test that the courts use to determine whether a public official has been libeled?
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New York Times v. Sullivan
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What was the 1971 Supreme Court case that established a three-part test for determining if a government law or action violates the Establishment Clause?
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lemon v. Kurtzman
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The Supreme Court has ruled that to remain neutral toward religion, the government may exempt religious organizations from paying ___ taxes.
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property
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The ___ Clause of the 1st Amendment would not allow a local government to place a religious holiday display, such as a nativity, in a public park.
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establishment
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According to guidelines set by the ___ test, it is constitutional to provide interpreters for deaf children attending religious schools because doing so ensures equal access to education.
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lemon
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Which of the following religious practices did the Supreme Court rule an exception to the Free Exercise Clause because the practice broke the law or threatened the public good?
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bigamy practice of mormons
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The 1984 Equal Access Act
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allowed student-run religious groups to meet in public schools.
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Official sponsored prayer in public schools, even if voluntary, was ruled to violate the Establishment Clause in the 1962 ____ Supreme Court case.
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Engel v. Vitale
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What is the Free Exercise Clause?
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a person's First Amendment right to his or her individual religious beliefs
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The Sixth Amendment does not guarantee legal representation for those accused of minor crimes.
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false
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One provision of the Eighth Amendment is that a
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judge cannot set excessive bail
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A person cannot be tried twice for breaking both a federal and state law with one criminal act.
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false
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The Sixth Amendment's guarantee of a speedy trial a. makes it less likely that the witnesses will forget important details. b. decreases the risk of lost evidence. c. all of the above. d. keeps a defendant who cannot pay bail from being held in jail for long periods.
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c.
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What guidelines has the Supreme Court used to determine what is cruel and unusual punishment?
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current social standards
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As was the case in the O.J. Simpson trial, judges sometimes allow federal trials to be televised.
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false
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One reason for keeping trials public is
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to allow the public to see how the judicial system works.
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obscene speech
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miller test, contemporary community standard, state laws and slaps test (lacks serious, literary, artistic, political or scientific value can be punished)
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tinker test
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material and substantial disruption- reserved for majority of political speech
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fraser test
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if it is obscene speech- you can be punished
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hazelwood test
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school sponsored activity and is it against educational goals
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morse vs. fredrick
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pro drug message
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lemon test (religion)
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government's action must have a secular legislative purpose or must not have the primary effect of either advancing or inhabiting religion or must not result in an "excessive gov entanglement" with religion
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probable cause
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facts/evidence that prove that a crime has been committed
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reasonable suspicion
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crime *may* have been committed
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warant-less searches
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with *a* person's consent necessary to protect officer's safety when you have been seized based on valid grounds for the seizures "search incident to arrest" when evidence is in plain view evidence can be destroyed (e.g. cars) hot pursuit
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exclusionary rule
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prevents gov from using evidence they found on an illegal search (can't punish you)
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