Vocab 1
rights to be free of government interference, given to people by consent
Civil liberties
censorship of a publication before it is published → unconstitutional // punishment can come after publication though
prior restraint
what happens during war regarding rights
they are usually limited (mainly with minorities)
States must observe all fundamental liberties
neutral court ro detain legally held non-citizens; gave 5th amendment rights to non-citizens
must give trial to US citizen even if its an enemy combatant
Rasul v. Bush
or
Hamdi v. Rumsfeld
eparation between church and state; government can’t be involved with religion
wall of separation
writing the falsely injures another
libel
What are the 4 kinds of speech that aren't protected?
Libel, obscenity, symbolic speech, and false advertising
this case said that you can burn the flag
Texas v. Johnson
Case with the pentagon papers that said there could be no prior restraint
New York Times v. US
rights of people to seek, publish, and assemble
freedom of expression
freedom to exercise any religion, and the government can’t establish a religion
freedom of religion
Who/what level government regulates obscenity
Tinker v Des Moins
Schools can make kids go to public school up through the 8th grade // case with the amish
Wisconsin v. Yoder
denies the government the right to deprive people of life, liberty, and property without . . .
Due process (of the law)
an act that conveys a political message
Symbolic speech
During what decade were the Miranda rights first read to those that have been arrested
1960s
incorporates the right to a lawyer no matter the level of crime
Gideon v. Wainwright
in this case, the supreme court case said that there couldn't be any school prayer and the kids couldn't be and there could be no encouragement to pray
Engel v Vitale
states can not enact laws that take away the constitutional rights of people
Selective incorporation
expression is protected more than other rights
preferred position
this act, passed after 9/11, allowed the government to tap a suspect's phone, tap a suspect's internet communications, seize their voicemails, and allows investigators to share information from secret grand jury hearings with government officials
the patriot act
"clear and present danger" doctrine is established
Schenck v. US
case that incorporates the second amendment by saying states can't ban guns
McDonald v Chicago