government unit 5
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