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Civil Liberties

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.
Created by: 17kriday