The personal freedoms of individuals that are
protected from government intrusion
What is civil rights
100
Does the Bill of Rights Apply to State Governments?
What is
Early Supreme Court: ‘No.’
‘The Bill of Rights applies only to actions of
the national government.’
100
Religion and state: ‘there should be a wall!’
What is Separationist position
100
Which of these are protected?
(1) Flag burning. (2) Black armbands (3) Burning of draft cards – not protected (4) “Bong Hits 4 Jesus”
What is Flag burning and black armbands
200
Protection of historically disadvantaged groups
from discriminatory actions
What is civil rights
200
Court said that the Bill of Rights could not be applied to state governments
What is Barron v. Baltimore
200
Religion and state: ‘the gov’t should show no preference.’
What is Accommodationist position
200
action meant to convey a political message
What is Symbolic speech
200
officials must remind suspects of their 5th Amendment rights.
What is Miranda Warning
300
‘a bill of rights is unnecessary!’
What is Federalists
300
applying some of the rights in the Bill of Rights to the states through the due process claus
What is Selective incorporation
300
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
300
Lying to defame a politician during an election is
protected speech:
“We do not want the government deciding what is
political truth — for fear that the government might persecute those who criticize it. Instead, in a democracy,
the voters should decide.” (Judge Timothy Black)
What is Susan B. Anthony List v. Driehaus
300
unreasonable searches and seizures”– probable cause required for warrant
What is probable cause
400
‘we’ll approve the Constitution only if you promise to add a
bill of rights!’
What is State leaders
400
gov’t cannot interfere with an individual’s right to practice religion.
What is free exercise clause
Supreme Court: ‘unless the practice
threatens the peace, order, and comfort of a
community.’
400
Is there a contradiction between the free
exercise clause and the establishment clause?
Explain:
Think about prayer in public schools, Kim Davis' case.
Town of Greece v. Galloway: Town boards may begin meetings with sectarian prayer
400
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 of defamation:
400
‘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 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
the gov’t cannot establish a national religion
What is establishment clause
500
prohibits only words that produce both an obvious and immediate danger to the community.
What is clear and present danger test
500
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 of obscenity
500
Decision of Citizens United v. Federal Elections
Commission:
What is No limits on money used to influence political campaigns –