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41 Cards in this Set
- Front
- Back
the freedoms enjoyed by individuals in a democratic society
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civil liberties
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the Supreme court explicitly confirmed that the Bil of Rights applied only to the national government;
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Barron vs. Baltimore
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the notion that the Bill of Rights applies to state government as well as federal through the due process clause of the Fourteenth Amendment
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incorporation doctrine
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piecemeal approach to the incorporation doctrine; Supreme Court ruled that freedoms of speech and the press are such fundamental rights that the Fourteenth Amendment prevents states from unduly limiting these freedoms
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Gitlow vs. New York
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the Supreme Court struck down Washington, D.C.'s ban on the possession of handguns and for the first time held that the Second Amendment protects an individual's right to possess a firearm for lawful purposes such as self-defense
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District of Columbia vs. Heller
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the Supreme court ruled that the Second Amendment right of an individual to "keep and bear arms" applies to the states as well as the federal government
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McDonald vs. Chicago
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government cannot establish a religion, which means that public authorities cannot show preference for one set of religious beliefs over others, or religious beliefs in general over nonreligious beliefs
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establishment clause
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individuals are free to choose religious beliefs and practice them as they see fit, or not the practice any religion at all
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free exercise of religion
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originated in New Jersey; where state law authorized local school boards to reimburse parents for costs incurred in transporting their children to parochial schools
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Everson vs. Board of Education
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neither federal nor state government could pass any law supporting one religion or all religions, or any law preferring one religion over another
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separation of church and state
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decided that public schools could not officially sanction prayer
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Engel vs. Vitale
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the court extended this line of reasoning by prohibiting states from requiring Bible reading or recitation of the Lord's Prayer in public schools
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Abington Township bs. Schempp
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a Kentucky statute requiring the Ten Commandments be posted in every public school classroom was ruled unconstitutional
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Stone vs. Graham
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argues that the Founders wanted the words of the First Amendment to be taken literally; government cannot take any action that interferes with free expression views
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absolutist approach
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according to this doctrine First amendment rights are considered so fundamental to achieving a free society that courts have a greater obligation to protect these freedoms that other rights
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preferred freedoms doctrine
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this approach called for weighing competing values on a case-by-base basis to determine when restrictions on freedom of expression are warranted in order to protect society or the rights of individuals or groups
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balancing test
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an approach to determining if an action should be protected under the First Amendment that considers "whether the words used are used in such circumstance and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent
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clear and present danger test
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socialist convicted of violating the Espionage Act by circulating antiwar leaflets to members of the armed forces
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Schenck vs. United States
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an approach to determining if an acting should be protected under the First Amendment, which considers if the action would have a tendency to produce a negative consequence
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bad tendency rule
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the Supreme court ruled that burning the American flag was a form of expression that had constitutional protection
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Texas vs. Johnson
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one of the most famous cases of the supreme court; Brandenburg was a member of the Ku Klux Klan who was filmed by a television crew giving speeches that alluded to gaining "revengance" against blacks and Jews
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Brandenburg vs. Ohio
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replaced the old clear and present danger test and protects a broader range of speech
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imminent lawless action test
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constituted that burning a flag was wrong but a cross was okay; after Virginia law made it a felony to burn a cross for the purpose of intimidating any person or group
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Virgina vs. Black
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Supreme Court upheld Congress' right to limit some forms of political speech immediately before an election
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McConnell vs. Federal Election commission
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the Court overturned is decision in McConnell vs. Federal Election Commission, and struck down a provision of the McCain-Feingold Act that prohibited all "electioneering communications" withing 60 days of general election and 30 days of primary
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citizens unites vs. federal election commission
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articulated that obscenity was not protected speech but was instead a form of expression that could be outlawed by government
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Roth vs. US
Alberts vs. California |
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making false and defaming statements about someone when spoken
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slander
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making false and defaming statements about someone when in print or other media
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libel
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the basic requirements for proving libel are:
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1. Publication
2. Identification 3. Harm |
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the statements must be communicated in such a way that third parties can observe them
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publication
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the aggrieved party must be clearly specified
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identification
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the aggrieved party suffers as a result of the libel
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harm
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Connecticut could not prohibit the use of contraceptives by married couples, enumerated a right of marital privacy
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Griswold vs. Connecticut
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abortions; balancing the mother's right to privacy against the state's interest in protecting the unborn fetus
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Roe vs. Wade
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the Court ruled that the government had no right to regulate or control consensual personal relationships
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Lawrence vs. Texas
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evidence obtained through an unreasonable search and seizure cannot be used in federal trials
what case was this first found? |
exclusionary rule
Weeks vs. United States |
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extended the exclusionary rule to state trials
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Mapp vs. Ohio
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ruling that illegally acquired evidence can be used in court if it would have been eventually discovered through legal means
court case? |
inevitable discovery exeption
Nix vs. Williams |
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the court granted another significant exception to the exclusionary rule
court case? |
good faith exception
United States vs. Leon |
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the Supreme Court ruled that the right to counsel is a fundamental part of a fair system of criminal justice, reasoning that without the assistance of counsel a trial is stacked in favor of the government
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Gideon vs. Wainwright
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most famous expansion of the Fifth Amendment; confession to the crimes of kidnapping and rape made to police officers during a two-hour interrogation
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Miranda vs. Arizona
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