Chapter 4

the justices ruled that a practice violated the establishment clause if it...

(1) did not have a "secular legislative purpose," (2) either advanced or inhibited religion (3) fostered "an excessive government entanglement with religion."

fighting words

Forms of expression that "by their very utterance" can incite violence. These can be regulated by the government but are often difficult to define.

1st Amendment

Freedom of Religion, Speech, Press, Assembly Separation of church and state right to petition government

Miller test

Established in Miller v. California, this three-part test is used by the Supreme Court to determine whether speech meets the criteria for obscenity. If so, it can be restricted by the government.

clear and present danger test

Established in Schenck v. United States, this test allows the government to restrict certain types of speech deemed dangerous.

hate speech

Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. It is currently protected under the First Amendment.

Less protected forms of speech

Fighting words Slander Libel

8th amendment

cruel and unusual punishment

freedom of expression

freedom of assembly freedom to petition the government freedom of the press freedom of speech

Civil Liberties vs. Civil Rights

freedom vs equality

Before Bill of Rights, Constitution provided very limited protection of civil liberties

habeas corpus rights prohibited bills of attainder ex post facto laws

A fundamental problem of civil liberties

how to balance competing interests such as personal liberty with national security.

ex post fact laws

laws that retroactively change the legal consequences of some behavior

prohibited bills of attinder

legislation punishing someone for a crime without the benefit of a trial

"Direct incitement" test

speech is protected "except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."

obscenity

the publication of pornography and material considered obscene.

6th amendment

the right to legal counsel and a jury trial

•Miller test is used to identify obscene content, which must meet these three standards.

1.It appeals to prurient interests. 2.It is "patently offensive." 3.The work lacks serious literary, artistic, political, or scientific value.

It has become much tougher to regulate commercial speech in our era, though ads can be regulated if they meet any one of three criteria.

1.The ads concern an illegal activity. 2.The ads are misleading. 3.Regulation advances a substantial governmental interest.

prior restraint

A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials The Supreme Court looks unfavorably on government attempts to restrain the media.

freedom of the press - prior restraint

A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials.

4. Which test does the Supreme Court use to establish whether there has been "excessive government entanglement with religion"?

A. Lemon Test

Example of privacy rights

Abortion rights Gay rights

2. Which amendment has been used as the basis for selective incorporation?

B. 14th Amendment

How are civil liberties different from civil rights?

Basic freedom and liberties Rooted in the Bill of Rights and the "due process" protection of 14th amendment Primarily restrict what government can do to you

civil liberties

Basic political freedoms that protect citizens from governmental abuses of power. Contained in the first ten amendments to the Constitution (Bill of Rights)

double jeopardy

Being tried twice for the same crime. This is prevented by the Fifth Amendment.

13. In what case did the Supreme Court first establish the right to privacy?

C. Griswold vs. Connecticut

11. In 1972, the Supreme Court banned the death penalty for what reason?

C. it was being inconsistently applied and violated the due process of law

Cake Bake debate

Cake shop owner Jack Phillips did not want to bake a wedding cake for Charlie Craig and David Mullins because it would violate his religious beliefs In a narrow ruling that did not settle the broader free exercise question, the Court sided with the baker because he had not been treated fairly by the commission that heard his case.

The Fourth Amendment: unreasonable searches and seizures

Court has provided strong protections against searches within a person's physical space, typically defined as his or her home. has attempted to achieve a balance between security and privacy by requiring court approval for search warrants, while carving out limited exceptions to this general rule

1. The Bill of Rights originally protected individuals from which level of government?

D. federal

7. Prior restraint involves limits on what form of expression?

D. freedom of the press

Example of "not shall private property be taken for public use, without just compensation"

Endangered Species Act protects an animal whose habitat is on your land, you would not be able to develop that property and thus its market value would probably drop.

direct incitment tests

Established in Brandenburg v. Ohio, this test protects threatening speech under the First Amendment unless that speech aims to and is likely to cause imminent "lawless action."

example of commercial speech

LGBTQ community redefining "queer"

Privacy Rights

Liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens' lives from governmental interference, such as the Fourth Amendment's protection against unreasonable searches and seizures.

example of how civil liberties is linked with politics is conflictual

Many Americans have been concerned that government surveillance invades people's privacy and that the treatment of suspected terrorists violates due process rights. At the same time, most Americans would probably agree that in some instances these measures might be warranted. For example, if a nuclear device were set to detonate in Manhattan in three hours, few would insist on protecting the civil liberties of someone who knew where the bomb was hidden.

symbolic speech

Nonverbal expression, such as the use of signs or symbols. It benefits from many of the same constitutional protections as verbal speech.

establishment clause

Part of the First Amendment that states "Congress shall make no law respecting an establishment of religion," which has been interpreted to mean that Congress cannot sponsor or favor any religion.

free exercise clause

Part of the First Amendment that states that Congress cannot prohibit or interfere with the practice of religion.

due process clause

Part of the Fourteenth Amendment that forbids states from denying "life, liberty, or property" to any person without due process of law. (A nearly identical clause in the Fifth Amendment applies only to the national government.)

3rd Amendment

Protection against the forced quartering of troops in one's home

commercial speech

Public expression with the aim of making a profit. It has received greater protection under the First Amendment in recent years but remains less protected than political speech.

7th Amendment

Right to a trial by jury in civil cases

2nd Amendment

Right to bear arms

slander

Spoken false statements that damage a person's reputation. They can be regulated by the government but are often difficult to distinguish from permissible speech.

Should free speech be protected even when the ideas are offensive?

The Supreme Court ruled that the Westboro Baptist Church had a right to protest at military funerals, even though many Americans found the arguments and approach of the church members deeply offensive

Lemon Test

The Supreme Court uses this test, established in Lemon v. Kurtzman, to determine whether a practice violates the First Amendment's establishment clause.

Civil War amendments

The Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, which abolished slavery and granted civil liberties and voting rights to freed slaves after the Civil War.

14th Amendment

The four clauses of the first section of the 14th Amendment are the most important because they have repeatedly been cited in major Supreme Court cases concerning civil rights, presidential politics and the right to privacy. •The Citizenship Clause •The Privileges and Immunities Clause •The Due Process Clause •The Equal Protection Clause

freedom of speech, assembly, and the press - strict scrutiny

The highest level of scrutiny the courts can use when determining whether a law is constitutional. to meet this standard, the law or policy must be shown to serve a "compelling state interest" or goal, it must be narrowly tailored to achieve that goal, and it must be the least restrictive means of achieving that goal.

due process rights

The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person's "life, liberty, or property, without due process of law." Other specific due process rights are found in the Fourth, Fifth, Sixth, and Eighth Amendments, such as protection from self-incrimination and freedom from illegal searches.

Miranda rights

The list of civil liberties described in the Fifth Amendment that must be read to a suspect before anything the suspect says can be used in a trial.

freedom of speech, assembly, and the press - intermediate scrunity

The middle level of scrutiny the courts can use when determining whether a law is constitutional. To meet this standard, the law or policy must be "content neutral," must further an important government interest in a way that is "substantially related" to that interest, and must use means that are a close fit to the government's goal and not substantially broader than is necessary to accomplish that goal.

exclusionary rule

The principle that illegally or unconstitutionally acquired evidence cannot be used in a criminal trial.

selective incorporation

The process through which most of the civil liberties granted in the Bill of Rights were applied to the states on a case-by-case basis through the Fourteenth Amendment.

libel

Written false statements that damage a person's reputation. They can be regulated by the government but are often difficult to distinguish from permissible speech.

Clear and present danger

You cannot say things that "will bring about [...] substantive evils." •Allows the government to restrict certain types of speech deemed dangerous

Searches and warrants

a law-enforcement official seeking a search warrant must provide the court with "personal knowledge" of a "probable cause" of specific criminal activity and outline the evidence that is the target of the search. Broad "fishing expeditions" for evidence are not allowed.

habeas corpus rights

a protection against illegal incarceration

Why do most police searches without warrants occur

because suspects consent to being searched; officers are not required to tell a suspect that he or she may say no or request a warrant.

A "good faith effort"

can lead to evidence admission

5th Amendment

ensuring that a suspect cannot be compelled to provide court testimony that would cause him or her to be prosecuted for a crime. - "I plead the 5th"

9th Amendment

enumeration of specific rights in the Constitution shall not be construed to deny rights retrained by the people

freedom of religion

establishment free exercise

Example ofvcourt rulings must also draw the lines to define the limits of permissible conduct by the government or by an individual

falsely yelling "fire!" in a crowded theater. - some freedom of speech isn't allowed

what key idea are civil liberties are deeply rooted in what key idea?

politics is conflictual and that it involves trade-offs.

10th Amendment

powers not delegated by Constitution to the national government, not prohibited by it to the states, are reserved to the states or the people

Civil rights

protection from discrimination rooted in laws and "equal protection" clause of 14th amendment protect you from discrimination from government and individuals

Over the ensuing decades, most civil liberties covered in the Bill of Rights were applied to the states how?

right-by-right, case-by-case basis through the Fourteenth Amendment.

is stricter gun regulations possible?

unlikely, given the strong public support for gun ownership (there are about 300 million privately owned guns in the United States) and the Supreme Court's endorsement of an individual right to bear arms

Examples of exclusionary rule

•Can the police search your home without a warrant? •Can the FBI Unlock Phones?

Origins of civil liberties

•Creation of the Bill of Rights •Recall compromise was key when drafting the Constitution.

Example of how some social media companies are attempting to crack down on offensive speech.

•Facebook has deactivated pages like "Violently Raping Your Friend Just For Laughs."

Debate of 2nd amendment

•In 2008 and 2010, Supreme Court rules this amendment also protects an individual's right to own a firearm for lawful purposes such as defending his or her home. NRA

Intermediate Scrutiny

•Less demanding •Laws must be content-neutral. •Laws must be "substantially related" to an important government interest.

two loopholes to the prohibition on double jeopardy.

•People can be acquitted on criminal charges but found guilty on civil charges. •They can be tried in federal and state court for the same crime.

The Fourth, Fifth, Sixth, and Eighth Amendments include

•Protection from unreasonable search and seizure •The right to a fair trial •Right to consult a lawyer •Freedom from self-incrimination •Knowing what crime you are accused of •The right to confront your accuser

what rights are in the 6th amendment

•Right to an attorney •Right to a speedy trial •Right to a trial by jury

•Campaign finance remains a hot topic today.

•Some people support largely unfettered spending. •Others think there need to be strict limits.

Money as Speech

•Spending money in political campaigns is also protected by the First Amendment. •Campaign finance remains a hot topic today.

examples of the fundamental problem of civil liberties

•TSA has authority to search your person and belongings. •Patriot Act gave government broad authorityto tap phones.

Speech of the internet

•The Internet creates a new free speech challenge. •Some social media companies are attempting to crack down on offensive speech. •Private companies are not subject to First Amendment and may be more or less strict if they choose; thus Facebook can choose to regulate hate speech.

Money as Speech - The Court balances two values.

•The public interest in honest and ethical elections •The First Amendment rights of candidates and their advocates

Example of how the Internet creates a new free speech challenge.

•cyber bullying has been related to multiple suicides.

"Probable cause"

•needed to obtain a search warrant. •Restriction is relaxed in schools or with consent of the searched.

The death penalty is legal, though...?

•though there are restrictions. •The Court has increased the number of restrictions on the death penalty in the past 20 years.