The personal freedoms of individuals that are
protected from government intrusion
What is civil liberties
100
‘The Bill of Rights applies only to actions of
the national government.’
What is Barron v. Baltimore
100
‘the gov’t should show no preference.’ on religion and state
What is Accommodationist position
100
Lying to defame a politician during an election is
protected speech
What is Susan B. Anthony List v. Driehaus
100
“unreasonable searches and seizures”
What is probable cause
required for warrant
200
Protection of historically disadvantaged groups
from discriminatory actions
What is civil rights
200
applying some of the rights in the Bill of Rights to the states through the due process clause
What is Selective incorporation
200
states that a law does not violate the establishment clause if:
1. It has a secular purpose 2. It neither advances nor inhibits religion 3. It does not foster an excessive government
entanglement with religion
What is Lemon test
200
action meant to convey a political message
What is Symbolic speech:
200
‘illegal evidence cannot be used at trial’
What is the exclusionary rule:
300
‘a bill of rights is unnecessary!’
What is Federalists
300
gov’t cannot interfere with an individual’s right to practice religion.
What is free exercise clause
300
prohibits only words that produce both an obvious and immediate danger to the community.
What is clear and present danger test:
300
Which of these is/are protected. Which these is/are not protected.
Flag burning. Black armbands. Burning of draft cards. “Bong Hits 4 Jesus.”
What is
Flag Burning -- Protected
Armbands -- Protected
Burning of draft cards -- Not protected
Bong Hits 4 Jesus -- Not protected
300
protects against self-incrimination, places limits on police interrogation
What is fifth amendement
400
‘we’ll approve the Constitution only if you promise to add a
bill of rights!’
What is state leaders
400
the gov’t cannot establish a national religion
What is establishment clause
400
1. Does the average person believe the material appeals
to a prurient interest?
2. Is the material patently offensive? 3. Does the material lack serious literary, artistic,
political, or scientific value?
What is the Miller Test
400
No limits on money used to influence political campaigns –
What is Citizens United v. FEC
400
officials must remind suspects of their 5th Amendment rights.
What is Miranda warning
500
What are the First Amendment rights?
What is
Freedom of religion/from religion
Freedom of speech
Freedom of the press
Freedom of assembly
Right to petition the government -- redress
500
‘there should be a wall! between church and state
What is Separationist position
500
Statements must be false
Speaker must act with malice: ‘I know the statements
are false and I don’t care!’
What is The Sullivan rule
500
‘government cannot prevent publication of material it doesn’t like’ – no gov’t right to exercise
What is prior restraint
Possible Exceptions: national security, obscenity,
inciting violence
500
What amendment is this? : right to counsel, trial by jury
What amendment is this? : no cruel and unusual punishment.