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Civ Libs

Civil Liberties

QuestionAnswer
Civil Liberties protect people from what gov
Protect people from discrimination civil rights
group fought to include Bo'R Anti-Federalists
Const. originally didn't apply to state govs
case extended Bo'R to state govs Barron v Baltimore
Fourteenth Amendment Incorporates fed restrictions to states
Can't take away life, liberty or happiness w/o good reason Due Process Clause
What was good reason that took away Giltow's rights? Endangered US by planning to overthrow Gov
Why was Giltow against US Army Communist
Giltow v N.Y. was cool 'cause? Due Process
2 clauses of 1st Amendment Establishment, Free Exercise
Establishment clause? Gov can't establish religion
free exercise? Gov can't interfere w/ private practice of religion
What did Tom J wan't gov's stance on religion to be? Secular
Secular means? Neutral to religion
Engel v Vitale banned? School prayer
Lemon v Kurtzman ensured aid to church schools was? secular
Limit on free exercise? Religion can't make something illegal legal
Banned illegal drugs in in religious ceremony? Oregon v Smith
Reynolds v US? Free exercise gotta fit social norms
Ex of something not protected by free exercise? Polygamy
Free Speech meant to protect? Unpopular opinions
Free speech can be taken away if there is Clear and present danger
Ex of clear+present danger shouting fire in theater
Who was Schenck? Communist
What was he tryin' to stop? Ppl from enlisting in army
was it constitutional? No
Why was Schenk silenced? He presented clear+present danger
Brandenburg v Ohio limited clear+present danger how? Can censor only if speech will incite illegal action
Written defamation Libel
Spoken defamation Slander
Can public figures easily prove it? NO
what made libel hard to prove? NY Times v Sullivan
Limit on free speech? Can't be obscene in public
What decided obscenity wasn't cool? Roth v US
What gave test to prove obscenity? Miller v California
Is symbolic speech constitutional? Yes
Ex of symbolic speech burning flags
Ex of unprotected symbolic speech? Burning crosses
What case started symbolic speech? Tinker v Des Moines
Flag burnin case? Texas v Johnson
Johnson was cool 'cause flag burnin was Symbolic
Prior Restraint preventing something from being published
Is prior restraint constitutional? Unconstitutional
Cases 'bout prior restraint? NY Times v US and Near v Minnesota
4th Amendment protect ppl from unreasonable searches and seizures
What case started exclusionary rule? Mapp v Ohio
Who was Mapp Child porn fanatic
Was Mapp set free Yes, evidence illegally acquired
Case started court appointed lawyer? Gideon v Wainwright
Which case gave ppl Miranda Rights? Miranda v Arizona
What did Miranda confess to? Kidnap and rape
Why was Miranda set free? Claimed he didn't know his rights, thought he had to confess
What amendment do Miranda rights come from? Fifth and Sixth
Is privacy explicit right in BoR? No, it's implied in it
What case started right to privacy? Griswold v Connecticut
What was Griswold wanting? Contraceptive, something private w/ her and doctor
Case that legalized abortion? Roe v Wade
Roe's case was based on right to? Privacy
Webster v RHS made what OK? Banning abortions in PUBLIC hospitals
Planned Parenthood of South Penn v Casey said you could do what about abortions? Reasonably limit them, make 'em wait.
Plea bargaining? Settle for guilty plea to lesser cime
1st Amendment? Religion, speech, press, assembly
2nd Amendment? Guns
Limits on 2A? Can't take guns in no-guns-places, can't conceal w/o permit, no crazy guns, can't be dangerous
What Amendment has incorporated others into state constitutions?` 14th Amendment
What is symbolic speech? Nonverbal expression of an idea
Created by: 1314cameroncoy
Popular American Government sets

 

 



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