government unit 5

Pataasin ang iyong marka sa homework at exams ngayon gamit ang Quizwiz!

expectation of privacy test

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?

Morse v. Frederick

"bong hits 4 jesus," speech containing drug use can be limited in schools

14th Amendment

- Guarantee of due process under the law - equal protection under law, - Guarantee of citizenship to groups previously denied

Miller Test

- community contemporary standards - state law - SLAPS test government has to prove all

key factors to determine reasonableness

- is the item that the school is searching for something dangerous? - how reliable is the information? - how badly was the person's privacy invaded?

5th Amendment

- right to remain silent - grand jury requirement - no double jeopardy - due process

6th Amendment

- speedy and public trial - have lawyer - right to witness testify - cross examen witness - jury be peers - face accuser(s)

order of protected speech

1. Political Speech 2. Symbolic Speech 3. Obscene Speech 4. Offensive/Hate Speech 5. Fighting Words - words lead to violence

the source of authority cited by the Supreme Court for applying the Bill of Rights to the states

14th Amendment

Schneck v. United States

1919 - established boundaries for constitutional protections of free expression, established Clear and Present Danger test

Gitlow v. NY

1925 - freedoms in Bill of Rights protect people from state and federal governments

Near v. Minnesota

1931 - MN law that kept news from publishing about government corruption, form of censorship and violated 1st Amendment

Powell v. Alabama

1932 - right to attorney in capital case

Brown v. Mississippi

1936 - police tortured suspect to force confession (self-incrimination) - unconstitutional

Mapp v. Ohio

1961 - Incorporation of exclusionary rule (extended exclusionary rule to states)

Engel v. Vitale

1962 - no prayer in groups in schools, individual students can pray anywhere

Gideon v. Wainwright

1963 - right to attorney in non-capital case

NY Times v. Sullivan

1964 - set libel guidelines, libelous if there was knowledge that they disregarded

Griswold v. Connecticut

1965 - opened the door for a variety of claims regarding the right to privacy

Tinker v. Des Moines

1969 - "substantial disruption," students could wear black armbands to protest US involvement in Vietnam war

Brandenburg v. Ohio

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)

Branzburg v. Hayes

1972 - reporters have to testify about info in court, just like all other citizens

Miller v. California

1973 - child pornography is not protected as expression, does obscene speech, by law, meet defined community standard

TLO v. New Jersey

1985 - "reasonable suspicion," officials didn't need warrant to search student's possessions

Bethel v. Fraser

1986 - sexual language or innuendo can be limited in school, disruption

Hazelwood v. Kuhlmeier

1988 - press in school can be limited, school can regulate if against school mission

Texas v. Johnson

1989 - flag burning was protected as symbolic speech

Santa Fe v. Jane Doe

2000 - Sanctioned prayer in schools, even in extra-curricular activities, is a violation of the establishment clause

the Lemon test

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

The Imminent Lawless Action test was established in which Supreme Court case?

Brandenburg v. Ohio

Which Supreme Court case said the Bills of Rights applied only to the National Government?

Barron v. Baltimore

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".

Chaplinsky v. New Hampshire

procedural due process example

Fairly applying a law that requires a group to get a permit to hold a parade

due process

Fifth Amendment guarantee that the government will use fair and lawful procedures when fulfilling its functions

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?

Near v. Minnesota

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

Schenck v. United States

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?

Selective incorporation

Which of the following standards is the current test the courts use to determine if government can regulate your speech (not in school)?

The Imminent Lawless Action Test

writ of Habeas Corpus

requires police to bring accused person to court and show good reasons for jailing

10th Amendment

reserved powers (state powers)

2nd Amendment

right to bear arms

3rd Amendment

right to refuse quartering (soldiers in house)

4th Amendment

search and seizures - police need a warrant

constitutional right to privacy

a right to privacy is not clearly spelled out in the Constitution, but many people argue the right is implied

1984 Equal Access Act

all groups have same rights to use school buildings for meetings

What is the primary reason to have freedom of speech?

allow for the criticism of government

symbolic speech

an action meant to deliver a message

police power

authority to promote and protect health, safety, and welfare of people, exercised primarily by state/local

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

b.

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

c.) burning a draft card

Free exercise clause

congress can't limit exercise of religion beliefs, - this does not cover a person's right to behave

establishment clause

congress can't make laws respecting an establishment of religion, separation between church and state

The Supreme Court has determined that the government can restrict

demonstration in prison

According to the 14th Amendment, States cannot take your life, freedom or stuff without

due process

civil rights

equal treatment under law, government action to secure rights of citizens, popular sovereignty amendments - 13-15, 19, 26

in the conflict between accommodationist and separationist views of the establishment clause, the Supreme Court has, in recent times

established no clear pattern and has favored each position at various times

The First Amendment guarantees the right to demonstrate on the private property of a business.

false

The Supreme Court has interpreted the First Amendment to allow demonstrations that would disrupt educational activities in school.

false

Which type of speech has the lowest level of protection ?

fightin'

1st Amendment

freedom of - speech - religion - press - assembly - petition

bills of attainder

government can't pass laws directed at specific person

ex post facto laws

government can't pass laws that apply to actions that took place before laws were passed

exclusionary rule

illegally seized evidence cannot be used to obtain a conviction

civil liberties

individual freedoms that limit the power of government, Bill of Rights

7th Amendment

jury trial in civil cases (over $20)

civil liberties

limited gov

In attempting to decide when speech can be prohibited, the Supreme Court has

made it harder for government to suppress speech

8th Amendment

no cruel and unusual punishment, no excessive bail

Child pornography and other types of offensive material are considered ____ and are not protected by the First Amendment.

obscenity

Miranda Rights

police must inform suspects of their rights to refuse to answer

The highest level of protection is reserved for what type of speech?

political

civil rights

pop sov

The First Amendment prevents the government from using ___ to censor information or idea that someone might seek to publish in a newspaper.

prior restraint

bill of rights designed to

protect people's civil liberties

libel isn't...

protected under the 1st amendment

probable clause

reasonable grounds to search

shield laws

reporters can protect sources identity

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?

sedition

The use of language that encourages rebellion against the government is ____ and is not protected by the First Amendment

sedition

SLAPS test

serious, literary, artistic, political, scientific

New York Times v. Sullivan established the test for libel against a public official as false statement that

shows actual malice

obscenity

something sexually indecent and highly offensive

substantive due process

standard that the courts may apply to determine if a law itself is reasonable or a violation of constitutional rights

prior restraint

stopping someone from expressing an idea or providing information before publishing

treason

the act of aiding and comforting enemy of US in time of war (spying)

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?

the clear and present danger test

The Supreme Court ruling in NAACP v. Alabama guaranteed

the right to freedom of association

Cable television stations have greater constitutional protections than other stations because

they don't use public airways

What is the purpose of time, place and manner regulations?

to maintain the public order and general safety by regulating the freedom of assembly

reason for the government to limit individual rights

to protect the safety and health of the public

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.

treason

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.

true

The First Amendment guarantees people's right to associate with any group they choose without government intervention.

true

the first amendment gives individuals the right to express their concerns to gov officials t/f

true

9th Amendment

unenumerated rights - rights extend beyond the Bill of Rights, if it's not in constitution, it's reserved for the individual people

sedition

use of language that encourages people to rebel against lawful government

slander

verbal defamation

court general definition of hate speech

verbally insulting someone of a different race to the point of causing a disturbance

process of incorporation as it has evolved in the US

via the due process clause, the Bill of Rights has selectively been incorporated to the states

libel

written statement or visual presentation that is defamatory or unjustly harms another's character or reputation


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