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Chapter 4
| Question | Answer |
|---|---|
| Civil Liberties | The legal constitutional protections against the government. Although our civil liberties are formally set down in the bill of rights, the court's, policy, and legislatures define their meaning. |
| Bill of Rights | The first 10 amendments in the US constitution. Define liberties such as the freedom of religion, speech, and press. |
| First Amendment | The constitutional amendment that establishes the four great liberties |
| Fourteenth Amendment | Adopted after Civil War “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the united states, nor shall any state deprive any person of life, liberty, or property, without due process of law |
| Incorporation doctrine | 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. |
| Establishment clause | Part of the First Amendment stating that congress shall not make no law respecting an establishment of religion. |
| Free Exercise clause | A first amendment provision that prohibits government from interfering with the practice of religion. |
| Prior Restraint | A government preventing Material from being published. This is a common method of limiting the process but it is usually unconstitutional in the US, according to the first amendment as confirmed in the 1931 Supreme court case of Near vs. Minnesota. |
| Libel | The publication of false or malicious statements that damage someone’s reputation. |
| Symbolic speech | Nonverbal communication, such as burning a flag or wearing an armband. The supreme court has accorded some symbolic speech protection under the first amendment. |
| Commercial Speech | Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme court. |
| Probable cause | The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence. |
| Unreasonable searches and seizures | Obtaining evidence in a haphazard or random manner, a practice prohibited by the fourth amendment. Probable cause and or a search warrant are required for a legal and proper search for and seizure of incriminating evidence. |
| Search warrant | A written authorization from a court specifying the area to be searched and what the police are searching for. |
| Exclusionary rule | The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizures. |
| Fifth amendment | The constitutional amendment designed to protect the rights of person accused of crimes, including protection against double jeopardy, self incrimination, and punishment without due process of law. |
| Self Incrimination | The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The fifth amendment forbids self incrimination. |
| Sixth Amendment | The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial. |
| Plea bargaining | A bargain struck between the defendant’s lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime, in exchange for the state’s promise not to prosecute the defendant for a more serious or additional crime. |
| Eighth Amendment | The constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. Through the 14th amendment, this bill of rights provision applies to the states. |
| Cruel and Unusual punishment | Court sentences prohibited by the 8th amendment. Although the supreme court has ruled that mandatory death sentences for certain offense are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment. |
| Right to privacy | The right to a private personal life free from the intrusion of government. |
| Barron v. Baltimore | This 1833 Supreme court case decision held that the Bill of rights restrained only the national government, not state or local governments. |
| Gitlow v. New York | This 1925 Supreme court decision held that 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 the Fed. |
| Lemon v. Kurtzman | This 1971 supreme court decision established that aid to church related schools should (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor prohibits religion; and (3) not foster excessive entanglement with religion. |
| Zelman v. Simmons Harris | A 2002 Supreme court decision that upheld states providing families with vouchers used for the payment of tuition to a religious school. These families were from Cleveland Ohio. |
| Engel v. Vitale | A 1962 Supreme court decision holding that state officials had violated the first amendment when a prayer was written by them to be recited by children in New York. |
| School District of Abington Township, Pennsylvania v. Schempp | A 1963 supreme court decision holding that Pennsylvania violated Americans first amendment rights (establishment clause), when they required that Bible reading in schools. |
| Near vs. Minnesota | A 1931 Supreme court decision that stated that the First Amendment protects Newspapers from prior restraint. This means that Newspapers can publish what they want without fear of Government getting involved. |
| Schenck v. United States | A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during world war 1. Justice Holdes stated that speech can be limited by the government if the speech prevent evils. |
| Zurcher v. Stanford | A 1978 supreme court case that held that a proper search warrant could be applied to a newspaper without violating someone's first Amendment rights of the freedom of the press. They did not think the government should have access to this information |
| Roth v. US | A 1957 Supreme court case that ruled “obscenity is not within the area of constitutionally protected speech or press”. This still holds true. |
| Miller v. California | A 1953 supreme court case decision that avoided defining obscenity by 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. |
| New York Times v. Sullivan | Decided in 1964, established principles for whether public official and figures could win damage suits for libel. In order for this to wring true, the Litigant must prove that the statements were malice. |
| Texas v. Johnson | A 1989 court case where the supreme court banned a texas law that stated burning the American flag was illegal. They did this by showing that the act of burning the American flag was symbolic speech protected under the 1st amendment. |
| Miami Herald Publishing Company v. Tornillo | A 1974 court case where the Supreme court ruled states could not force a newspaper to print replies from candidates it had criticized. This showed the limit power the government had in restricting print media. |
| Red Lion Broadcasting Company v. Federal Communications Commission | A 1969 court case that upheld restrictions on radio and television broadcasting. Broadcast media restrictions are tighter as there were alot channels to view back when this was a case. |
| NAACP v. Alabama | This 1958 supreme court case protected the right to assemble peaceably when the NAACP did not need to release a membership list that could have led to harassment. The NAACP was the National Association for the Advancement of Colored people. |
| Mapp v. Ohio | A 1961 supreme court case ruling that the 4th amendment right regarding freedom from search and seizure must be protected for not only the federal government, but also by the state government. |
| Miranda v. Arizona | A 1966 supreme court decision that prevent people from self incrimination during police questioning. |
| Gideon v. Wainwright | The 1963 Supreme court decision that ensured individuals however rich or poor, to the right of an lawyer. |
| Gregg v. Georgia | A 1976 Supreme court decision that ruled that the death penalty is constitutional. The court believed that the death penalty did not constitute cruel and unusual punishment. |
| McCleskey v. Kemp | A 1987 supreme court case that ruled the constitutionality of the death penalty. The purpose of the case was to prove that minority parties are more likely to be given the death penalty- however this in actuality was denied by the court. |
| Roe v. Wade | A 1973 supreme court case holding a decision that a state ban on all abortions was unconstitutional. It however protected the state's right to protect a fetus during the 3rd trimester. |
| Planned Parenthood vs. Casey | A Supreme court case in 1992 that loosened its standards on evaluating restrictions on abortion for one of “strict scrutiny”. This permitted more regulation by the supreme court in the future. |
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