Government CH. 14- Civil Liberties

Gitlow v. New York (1925)

Established precedent of federalizing Bill of Rights (applying them to the states); states cannot deny freedom of speech --protected through due process clause of Amendment 14

due process

Established rules and regulations that restrain government officials.

Miller v. California (1973)

Supreme Court 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

clear and present danger test

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

Miranda v. Arizona (1966)

Supreme Court held that criminal suspects must be informed of their right to an attorney and of their right against self-incrimination prior to questioning by police.

obscenity

The quality or state of a work that, taken as a whole, appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.

right to privacy

The right to a private personal life free of government intrusion.

property rights

The rights of an individual to own, use, rent, invest in, buy, and sell property.

libel

Written defamation of another person. For public officials and public figures, the constitutional tests designed to restrict libel actions are especially rigid.

Which of the following is an example of eminent domain?

a city purchasing land to expand the freeway

The two clauses in the constitution that concern religion are __________________.

establishment clause and the free exercise clause.

The Supreme Court has refused to ___________ and has emphasized that it is "not a technical conception with a fixed content unrelated to time, place and circumstances. "

explain due process precisely

In Lawrence v. Texas, the Supreme Court ____________.

extended privacy rights to homosexual couples.

In 2005, New York ties reporter Judith Miller was jailed for two months. Why?

iller refused to disclose her sources to a grand jury, and the Supreme Court has refused to acknowledge journalists right to do this.

What is the key effect of the imposition of the Sixth Amendment?

in a criminal case, the accused is provided with legal counsel, even if he cannot afford one.

What happened to the bad tendency test during the 1920s?

it was abandoned as an overly broad restriction on freedom of speech.

The Supreme Court uses the Lemon test ( from the case of Lemon v. Kurtzman) to determine the constitutionality of which type of law?

laws that define the separation between church and state

An ex post facto law is one that _________________

makes an act illegal, even though it was legal at the time of the act.

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.

Obscenity (an extremely offensive word or expression) is ______________.

not protected under the First Amendment

Gideon v. Wainwright (1963)

ordered states to provide lawyers for those unable to afford them; Sixth and Fourteenth Amendments; Warren Court's judicial activism

What was the result of the 1976 ruling by the Supreme Court upholding Georgia's revised death penalty statute.?

other states revised their statutes, and executions increased.

In order to protect the right of the accused, _________ must be used to obtain __________.

probable cause; a search warrant.

The free exercise clause ___________________.

prohibits congress from impeding religious beliefs.

The Fourteenth Amendment limited state governments from depriving any person of life, liberty, or property through ___________.

the due process clause.

The U.S. is one of only ____________ industrialized countries that still have the death penalty.

two.

The procedural safeguard for the taking of private property for public use is found in the __________.

"just compensation" clause of the fifth amendment.

Tinker v. Des Moines Independent Schools (1969)

- a decision by the United States Supreme Court that defined the constitutional rights of students in U.S. public schools. - The 1st Amendment protection of freedom of speech (in this case symbolic speech) is applied to schools via the 14th Amendment. In this case a school could not ban a student wearing a black armband to school to protest the Vietnam War, since it was not considered a substantial distraction to the learning environment.

selective incorporation

- court cases that apply Bill of Rights to states - The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

bad tendency test

- rule used by the courts that allows speech to be punished if it leads to punishable actions - An interpretation of the First Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action.

Schenck v. United States (1919)

A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.

free exercise clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

wall of separation

A Supreme Court interpretation of the establishment clause in the First Amendment that prevents government involvement with religion, even on a nonpreferential level.

due process clause

A clause in the Fifth Amendment limiting the power of the national government; a similar clause in the Fourteenth Amendment prohibits state governments from depriving any person of life, liberty, or property without due process of law.

free exercise clause

A clause in the First Amendment stating that Congress shall make no law prohibiting the free exercise of religion.

establishment clause

A clause in the First Amendment stating that Congress shall make no law respecting an establishment of religion. The Supreme Court has interpreted this to forbid direct governmental support to any or all religions.

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

substantive due process

A constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

procedural due process

A constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

writ of habeas corpus

A court order requiring explanation to a judge of why a prisoner is being held in custody.

indictment

A formal written statement from a grand jury charging an individual with an offense; also called a true bill.

regulatory taking

A government regulation that effectively takes land by restricting its use, even if it remains in the owner's name.

grand jury

A jury of 12 to 23 persons, depending on state and local requirements, who privately hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.

petit jury

A jury of 6 to 12 persons that determines whether a defendant is found guilty in a civil or criminal action.

search and seizure

A practice whereby a person or place is searched and evidence useful in the investigation and prosecution of a crime is seized or taken. The search is conducted after an order is issued by a judge.

exclusionary rule

A requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial.

ex post facto law

A retroactive criminal law that works to the disadvantage of a person.

search warrant

A writ issued by a magistrate that authorizes the police to search a particular place or person, specifying the place to be searched and the objects to be seized.

commercial speech

Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads.

plea bargain

An agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

Fourteenth Amendment

An amendment to the United States Constitution that guarantees equal protection of the law and rights of citizenship to all people born or naturalized in the USA, including former slaves.

clear and present danger test

An interpretation of the First Amendment holding that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

preferred position doctrine

An interpretation of the First Amendment that holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do.

Why has the Supreme Court's creation and recognition of the right to personal privacy been so controversial?

Because the Bill of Rights does not mention privacy at all and only implies it.

Barron v. Baltimore (1833)

Bill of Rights was NOT applicable to the states

prior restraint

Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional.

What is one of the reasons why the framers are viewed to have needed the Bill of Rights to apply to the national government only?

Citizens newly freed from monarchical rule did not support a strong central government that had power over individual states.

Substantive due process mainly limits which part of the government?

Congress

civil disobedience

Deliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition.

obscene speech

Depicts sexual conduct in a manner that is "patently offensive" to community standards, and lacks serious artistic, political, or scientific value

The first incorporation of the Bill of Rights occurred with respect to free speech in the famous case of __________________.

Gitlow v. New York

In what case did the Supreme Court first recognize the constitutional right to personal privacy?

Griswold v. Connecticut

content or viewpoint neutrality

Laws that apply to all kinds of speech and to all views, not only that which is unpopular or divisive.

Jim Crow (Law)

Laws written to separate blacks and whites in public areas/meant African Americans had unequal opportunities in housing, work, education, and government

unprotected speech

Libel, obscenity, and fighting words, which are not entitled to constitutional protection in all circumstances.

Griswold v. Connecticut (1965)

Married couple wanted to get contraceptives; struck down a Connecticut law prohibiting the sale of contraceptives; established the right of privacy through the 4th and 9th amendment

Ninth Amendment

People's rights are not limited to those listed in the Constitution

What is the difference between procedural and substantive due processes?

Procedural referes to how a law is applied. Substantive limits what the government may do.

Fourth Amendment

Protects against unreasonable search and seizure

Sixth Amendment

Right to a speedy and public trial

legal privileges

Rights granted by governments that may be subject to substantial conditions or restrictions, such as the right to welfare benefits or to have a driver's license.

Engle v. Vitale (1962)

Ruled it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.

Bethel Schools v. Fraser (1986)

Schools can limit lewd/offensive speech.

Lemon v. Kurtzman (1971)

The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose (2) have a primary effect that neither advances nor inhibits religion (3) not foster excessive government entanglement with religion. The First Amendment was considered in this case.

The first 10 amendments to the Constitution were ratified in 1791. Together, what are they called?

The Bill of Rights.

Kelo v. City of New London (2005)

The Constitution allows a local government to seize property, not only for "public use" such as building highways, but also to "promote economic development" in a "distressed" community.

What was the significance of the decision in Kelo v. City of New London?

The Supreme Court allowed the government to see private property to promote economic development, even if that land was then sold to private interest groups.

Roe v. Wade `

The Supreme Court case that held that the Constitution protected a woman's right to an abortion prior to the viability of the fetus; thus, government regulation of abortions must meet strict scrutiny in judicial review.

civil liberties

The constitutional protections of all persons against impermissible governmental restrictions on the freedoms of conscience, religion, and expression, due process guarantees, and fair trial procedures.

civil rights

The constitutional rights of all persons to due process and the equal protection of the laws; these include the rights of all people to be free from irrational discrimination such as that based on race, religion, sex, or ethnic origin.

eminent domain

The power of a government to take private property for public use; the U.S. Constitution gives national and state governments this power and requires them to provide just compensation for property so taken.

fighting words

Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence.

double jeopardy

Trial or punishment for the same crime by the same government; forbidden by the Constitution.

In Roe V. Wade, the Supreme Court found that __________.

a women has the right to terminate her pregnancy under certain circumstances.

New Jersey v. TLO (1985)

addresses the constitutionality of a search of a public high school student for contraband after she was caught smoking. A subsequent search of her purse revealed drug paraphernalia, marijuana, and documentation of drug sales. The U.S. Supreme Court, in a 6-3 ruling, held that the search was reasonable under the Fourth Amendment.

What was the landmark abortion decision of Roe v. Wade based on?

an earlier decision concerning the right to privacy for married couples

In order to be legal, a search warrant must specify the __________.

area to be searched and what police are searching for.

In 2006, the Supreme Court ruled that the execution of minors violated the ___________.

ban on cruel and unusual punishment

____________ refers to the deliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition.

civil disobedience.

Mapp v. Ohio (1961)

established the exclusionary rule; evidence illegally obtained cannot be used in court; Warren Court's judicial activism

Where are due process rights located in the constitution?

fifth and fourteenth amendment.

The War on Terror illustrates that the debate over protections against government infractions on individual liberties is ongoing. Therefore it is essential ____________________.

for citizens to be active in protecting their civil liberties.

First Admendment

freedom of speech, freedom of religion, freedom of the press, right of assembly, right to petition

What are civil liberties as defined by the American government?

freedoms found primarily in the Bill of Rights that protect people from government interference.

The Bush Administration's claim that it could hold foreign nationals as "enemy combatants" without warrant, presenting them before a court , informing them of their crimes, or giving them access to a lawyer was a violation of ___________________.

habeas corpus

When a criminal defendant, such as an accused murderer, is allowed to plead guilty to a lesser crime without a trial in exchange for a reduced sentence, this is known as ________.

plea bargaining.

When the government prohibits speech or publication before the fact, this is called ____________.

prior restraint

WikiLeaks released classified documents about the war in Afghanistan. The U.S. government tried to stop this information from being published. If the government has been successful, what would this censorship be called?

prior restraint

Cases of libel are coming harder to win because of increasing constitutional standards. in order for public officials or public figures to win a case of libel against a newspaper or magazine, they must provide __________.

proof of actual malice (the intention or desire to do evil) or knowing disregard for the truth.

which of the following protections is covered by the fifth amendment?

protection against double jeopardy.

A government regulation that effectively takes land by restricting its use is known as __________.

regulatory taking.

The principle established by the Supreme Court holding evidence gathered illegally cannot be introduced into trial is known as ____________.

the exclusionary rule.

Eminent domain is ___________.

the power of the government to take over private land for public use.