Civil Liberties A
A type of speech that is NOT protected; it has been clarified to mean anything that lacks artistic merit and is patently offensive. :___________________.
What is OBSCENITY
The constitutional amendment that protects the four great liberties: freedom of religion, of speech, of the press, and of assembly:_____________________.
First Amendment
The constitutional amendment adopted after the Civil War that declares “No State shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”:________________.
14th Amendment
The right to bear arms is protected by this amendment: _________________.
Second Amendment
The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states or cities. Only covered the Federal Government.
1833 Barron v Baltimore
The 1973 Supreme Court decision holding that a Texas state ban on abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect a mother’s health in the second trimester, and permitted states to ban abortion during the third trimester.
Roe v. Wade
Nonverbal communication, such as burning a flag or weaving an armband. The Supreme Court has accorded some protection of it under the First Amendment:______________________.
Symbolic Speech
The constitutional and other legal protections against government actions. Most are listed in the Bill of Rights. :___________________.
Civil Liberties
These types of court sentences or punishments are prohibited by the 8th Amendment::______________.
Cruel and Unusual Punishment
Reasonable grounds for believing that a person is guilty of a crime:_____________________.
Probable Cause
A 1919 Supreme Court decision upholding the conviction of a socialist who had urged resistance to the draft during World War I. Justice Holmes declared that the government can limit speech if the speech provokes a “clear and present danger” of substantive evils.
Schenck v. United States
The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed has a right to a lawyer. The decision requires the government to provide a lawyer to anyone so accused who is too poor to afford one.
Gideon v. Wainwright
The publication of false and malicious statements that may damage someone’s reputation
Libel
A First Amendment clause that prohibits the government from interfering with the practice of religion: ___________________.
Free Exercise Clause
Fifth Amendment protection that requires a group of citizens hear evidence BEFORE trial to deem if there is enough to indict a person accused of a serious crime.
Grand Jury
A written authorization from a court specifying the area to be searched and what the police may search for:______________________.
Search Warrant
A 2010 Supreme Court decision ruled that the Second Amendment to the U.S. Constitution, which guarantees “the right of the people to keep and bear Arms,” will be incorporated and restricts state and local governments as well as to the federal government from restricting this right.
McDonald v. Chicago
The Supreme Court decision that held Amish children are not required to attend public school after age 16 due to religious beliefs.
Wisconsin v. Yoder
The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th Amendment:______________________
Selective Incorporation
Clause in the First Amendment that prevents government from requiring citizens to follow a religion: _______________________.
Establishment Clause
Being a witness against oneself; you have the right to remain silent to avoid it ________________________.
Freedom from Self-incrimination
SCOTUS ruling that allowed students to wear black armbands to protest the Vietnam War at public high school as protected expression.
Tinker v. Des Moines
Case where SCOTUS ruled that a required non-denominational prayer at public schools violated the First Amendment.
Engel v. Vitale
The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, as “an extreme sanction, suitable to the most extreme of crimes.”
Gregg v. Georgia
Clause in the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the U.S. or state governments; it is the basis of civil liberties protections applying to states:___________________________.
Due Process Clause
Government actions that prevent material from being published. As confirmed in Near v. Minnesota and NY Times v. Sullivan.
Prior Restraint
The rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional manner. The rule prohibits use of evidence obtained through unreasonable search and seizure: _____________________.
Exclusionary rule
The right to a private personal life free from the intrusion from government; implied by the 4th, 5th and 9th Amendments
Right to privacy
The 1966 Supreme Court decision that set guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel (lawyer).
Miranda v. Arizona
The 1925 Supreme Court decision holding that freedom of speech and the press are fundamental personal rights and liberties protected by the due process clause of the 14th Amendment; AKA: How Incorporation got started
Gitlow v. New York