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Civil Liberties
Question | Answer |
---|---|
What are Civil Liberties? | Legal Constitutional rights that protect individuals from arbitrary acts of government. |
What does Civil Liberties include? | Freedom of speech, freedom of religion, and freedom of press, as well as a fair trial. |
What are Civil Rights? | Policies designed to protect people against arbitrary or discrimination treatment by government officials or individuals. |
What does Civil Rights include? | Law against racial and gender discrimination. |
What did the Constitution contain originally written? | Contained a number of specific rights and restrictions on government authority. |
Why did the founders create a Bill of Rights? | To protect basic rights and freedoms. |
Who was it led by? | James Madison. |
How many amendments at first? | Ten. |
When did it become part of the Constitution? | 1791. |
Who was John Barron? | A man that co-owned a profitable wharf in Baltimore harbor. |
What did he complain about? | That the city of Baltimore damaged his business when a construction project made water too shallow for most vessels. |
What did the supreme court rule? | That the Bill of Rights did not restrict state government and he lost the case. |
When was the fourteenth amendment ratified? | 1868. |
What does the fourteenth amendment declare? | No state shall make or enforce a law which shall abridge the privileges or immunities of citizens of the United States or deprive a person of life liberty and property. |
Who was Benjamin Gitlow? | A man that wrote a pamphlet urging workers to strike and join in a revolution to over throw the government. |
What happened to Gitlow? | He was arrested and convicted for violating a New York state law that made it a crime to overthrow the government by force or violence. |
What did the Supreme Court do? | They voted to uphold Gitlow's conviction. |
Barron V. Baltimore incorporation? | Supreme Court ruled that the federal courts could not stop the enforcement of state laws. |
What was it restricted by? | The rights enumerated in the Bill of Rights. |
Gitlow V. New York incorporation? | It began the incorporation process of using Due process Clause of the Fourteenth amendment to extend most of the requirements of the Bill Of Rights. |
Did the Incorporation Process occur all at once? | No it was a gradual process. |
What decisions did they use for it? | The Bill of Rights into the Due Process Clause of the Fourteenth Amendment. |
Where did religious liberties originate? | In Colonial opposition to government sponsored churches. |
What two key things does the Fourteenth amendment contain? | The Due process clause and The Equal Protection Clause. |
What does the First Amendment contain that guarantees religious freedom? | The Free Exercise Clause and The Establishment Clause. |
What does The Establishment Clause prohibit? | An establishment of religion. |
What does The Free Exercise Clause prohibit? | From the government interfering with the practice of religion. |
Have they been extend? | Yes. |
What have they been extended by? | The Due Process Clause of the Fourteenth Amendment. |
The Establishment Clause? | The relationship between the government and church. |
What did Thomas Jefferson say the first amendment created? | A wall of Separation between Church and State. |
What did he say it forbid government to do? | To support any religion. |
Does it cause controversial court cases? | Yes. |
What did New York Board Of Regents approve? | For them to recite a prayer each morning in New York public schools. |
Who was Steven Engel? | A father of two children in the New Hyde park public schools. |
What did he object? | The prayer. |
What did he argue? | That the prayer violated the Establishment Clause of the First Amendment as applied to the states through the Fourteenth Amendment. |
What did the Supreme Court rule? | That the prayer was unconstitutional violation of the Establishment Clause. |
What did the prayer break? | The Wall of Separation of government and State. |
What is a parochial school? | A catholic school. |
What happened in Pennsylvania in 1968? | The state Superintendent of Public Instruction allowed church related schools to get aid. |
What did they receive the aid for? | Secular textbooks, secular instructional materials and the salaries of teachers who taught secular subjects. |
What does Secular mean? | Non- religious. |
Could the aid pay for a parochial schools field trip? | No because it would more than likely relate to something religious. |
What test does the aid have to meet? | Governments legislative action has to have Secular legislative purpose. Government cannot advance nor inhibit religion. Government action must not foster an excessive entanglement between government and religion. |
What is this test called? | The Lemon Test. |
Free Exercise Clause guarantees? | Each person to believe what they want. |
What can religion not do? | Make an act legal that would otherwise be illegal. |
When can the government act? | If it violates criminal laws, offend public morals, or threaten community safety. |
What was banned in Oregon V. Smith? | The use of illegal drugs in religious ceremonies. |
Who was George Reynolds? | A member of a Mormon Church who married two women. |
What did he argue? | That his conviction of polygamy should be overturned because it was duty to marry multiple times. |
What did the Supreme Court rule? | That permitting polygamy would "make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself". |
What did the framers believe about free speech? | That is a fundamental right. |
What does the First Amendment state? | Congress shall make no law abridging the freedom of speech and press. |
What does the First and Fourteenth Amendment protect? | Free speech from incursions of both federal and state governments. |
Who does the freedom of speech protect? | The expression of unpopular views. |
What if a doctrine is wrong? | It should not be silenced. |
Who was John Stuart? | An English philosopher. |
What did he argue? | That wrong or offensive ideas force us to sharpen our own views. |
If you believe in free expression what must we believe? | Believe in its power to overcome error in a fair debate. |
What is the Espionage Act? | It was used for spying and other activities including certain kinds of actions. |
What year was the act? | 1917. |
What was it meant for? | To be harmful to the nations war efforts in World War I. |
Who was Charles Schenck? | The general secretary of the American Socialist party. |
What did he oppose? | Americans participation in World War I. |
What did he do? | He mailed 15,000 leaflets to potential draftees . |
What did he compare them to? | He compared military constriction to slavery. |
How did the government respond? | They arrested Schenck. |
What did they arrest him for? | Violating the Espionage Act. |
What did he argue? | That the Espionage Act was unconstitutional and that the First Amendment promises free speech. |
Why can you not shout fire in a crowded theater. | It causes panic. |
When can congress suppress freedom of speech. | If it causes clear and present danger and cause panic? |
What is clear and present danger test? | a standard for judging when freedom of speech can be abridged. |
What did it create? | A precedent that First Amendment guarantees of free speech are not absolute. |
When did Brandenburg V. Ohio happen? | In 1969. |
What did it do to the clear and present danger test? | It limited it. |
How did it limit it? | That government could punish the advocacy of of illegal action only if such advocacy is directed to inciting or producing imminent lawless action. |
What is Libel? | Written defamation that falsely attacks a person. |
What is Slander? | Spoken defalcation that falsely attacks a person. |
Is it easy for public figures to win a libel/slander case? | No. |
New York Times V. Sullivan? | Courts ruled that statements about public figures are libelous only when they are both false attacks a persons good name and reputation. |
What is obscenity? | Material that strongly offends a person. |
Roth V. United States? | The Supreme Court ruled that obscenity is not within the are constitutionally speech or press. |
Miller V. California? | The court listed a number of tests for obscenity. Its important to note that it is up to each community to implement states. |
What is Symbolic Speech? | Doing something as an expression of your opinion. |
What does it include? | Forms of nonverbal communication such as carrying signs, wearing armbands, and burning flags. |
What did John and Mary Beth Tinker protest? | The Vietnam War. |
How did they do? | By wearing black arm bands. |
What happened to them? | They got suspended from school. |
What did the Supreme Court rule? | That the school board actions violated the First and Fourteenth Amendment protection of free expression. |
What did George Johnson do? | He burned an American Flag. |
What happened to Johnson? | They prosecuted him. |
What did the Supreme Court rule? | That flag burning is a form of symbolic speech protected by the First Amendment. |
What does the First Amendment not protect symbolic speech. | Symbolic speech intended to incite illegal actions. |
For Example? | Some states may make it a crime to burn a cross with the intent to threaten racial terror. |
Prior Restraint? | The attempt to limit freedom of press by preventing material from being published. |
What is prior restraint? | A for of censorship. |
What does Supreme Court say about Prior Restraint? | That it violates the First Amendment protections of freedom of press. |
Important Cases? | New York Times Company V. United States and Near V. Minnesota. |
Can public schools censor school papers? | Yes. |
Habeas Corpus? | Requires a person under arrest to be brought before a judge or into court. |
How can Habeas Corpus be suspended? | In a case of Rebellion or invasion the public safety may require it. |
Bill of Attainder? | Declaring a person or group of persons guilty of some crime and punishing them without privilege of a judicial trial |
What does the Constitution prohibits Congress and state legislature? | From passing a Bill of Attainder. |
Ex Post facto law? | Law applied to an act committed before the law was enacted. |
What does the Constitution prohibit? | legislature from enacting ex post facto laws. |
The Fourteenth amendment declares? | That the right of people to be secure in their , persons, houses,papers and effects against unreasonable search and seizures. |
The Exclusionary rule? | Prohibits evidence obtained by illegal searches or seizures from being admitted in court. |
When did they establish the Exclusionary rule? | 1914 in Week V. United States. |
What did they do in Mapp V. Ohio? | They extended the Exclusionary law. |
What does the Sixth Amendment state? | That the accused shall enjoy the right to have assistance of counsel for his defense. |
What was Clarence Earl Gideon accused of? | Breaking and entering a Florida poolroom and stealing a small amount of money. |
What did the judge refuse? | A court appointed free lawyer. |
What did Gideon say? | That not appointing him a lawyer violated rights promised by the Sixth and Fourteenth Amendment. |
The Supreme Court ruling? | That the Sixth Amendment applied to those accused of major crimes under state laws. |
What was Ernesto Miranda accused of? | Kidnapping and rapping an 18 year old woman near Phoenix. |
What happened when he was interrogated? | He signed a right of confession. |
What didn't the police not do? | Tell Miranda his Constitutional rights. |
What did the Supreme Court do? | Overturned his convection declaring that the police must inform suspects of their Constitutional rights before questing suspects after arrest. |
What does the Bill Of Rights say about the right to privacy? | Nothing. |
What Constitutional provisions imply the right to privacy? | The First, Third,Fourth and Fifth Amendments. |
Who was Estelle Grisword? | The executive director of Planned Parenthood League of Connecticut. |
What did he challenge. | A Connecticut law that prohibited the us on any drug, medicinal article or instrument for the purpose of preventing conception. |
What did the Supreme Court rule? | That the law criminalizing the use of contraceptives violated the right to marital privacy. |
What did Jane Roe want? | An abortion. |
Why couldn't she get one? | The Law only allowed abortions to save the life of the mother. |
What did the Supreme Court rule? | That is should be legal and the law was struck down 7 to 2. |
What did Roe V. Wade do? | Legalized abortion. |
States may place restrictions or ban what in abortion? | Second and Third trimesters. |