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51 Cards in this Set
- Front
- Back
What are civil liberties?
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Individual legal and constitutional protections against the government.
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What does Barron v. Baltimore say?
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The Bill of Rights restrained only the national government not the state or local governments.
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What does Gitlow v. New York say?
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The Bill of Rights restrained the national, state and local governments.
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What is the fourteenth amendment?
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Everyone has equal protection under the law.
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What is the incorporation doctrine?
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The concept of the Bill of Rights being applicable to the states and the federal government.
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What is the establishment clause?
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Congress can't make any law that establishes a religion.
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What is the free exercise clause?
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Everyone can practice any religion they wish without government controlling it.
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What did Lemon v. Kurtzman say about church-related schools?
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1) They must have a secular purpose.
2) They must neither advance or inhibit a religion. 3) They must not allow an excessive government entanglement with religion. |
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What did Zelman v. Simmons-Harris say?
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A state must provide needy families with vouchers that can be used to pay for tuition and religious schools.
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What did Engel v. Vitale say?
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No prayer in public schools is allowed.
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What did Pennslyvania v. Schempp say?
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A law requiring Bible reading in schools in unconstitutional. `
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What is the relationship between religion and American politics?
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There have been more debates about religion.
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What is freedom of expression?
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The right to say, publish or think what they think.
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What is prior restraint?
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A government preventing material from being published.
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What did Near v. Minnesota say?
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Newspapers are protected from prior restraint.
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What does Schenck v. United States say?
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Government can limit speech if it evokes a clear danger (i.e. yelling "Fire" in a crowded theater)
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What did Zurcher v. Stanford Daily say?
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A search warrant can be applied to a newspaper without it violating the first amendment.
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What does Roth v. United States say?
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Obscenity is not protected by free speech or press.
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What is considered obscene?
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1) The work appeals to a interest in sex.
2) The work shows offensive sexual conduct. 3) The work lacks literary, artistic, political or scientific value. |
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What is libel?
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The publication of false statements that damage someone's reputation.
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Is it protected by the 1st amendment?
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No.
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What is slander?
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Spoken libel.
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What did NY Times v. Sullivan say?
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Statements about public figures are only libel if they are made with malice and disregard for the truth.
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Is it easier for private people to win libel cases rather than public figures?
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Yes.
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What did Texas v. Johnson say?
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Symbolic speech is protected by the 1st amendment.
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What is symbolic speech?
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Non-verbal communication.
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What is commercial speech?
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Communication such as advertising.
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Who restricts commercial speech?
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The Federal Trade Commission (FTC).
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What did Miami Herald v. Tornillo say?
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A state could not force newspapers to publish replies from candidates it had criticized.
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What did Red Lion v. FCC say?
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It upheld the laws on radio and television broadcasting.
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What are the requirements for the right to assemble?
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Groups must apply to the city for a permit and pay a bond on it.
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What does NAACP v. Alabama say?
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A state can not require a membership list of a group.
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What is probable cause?
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Police have a reason to believe that a person should be arrested.
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What constitutes an unreasonable search and seizure?
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A search without a warrant or probable cause.
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What is a search warrant?
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A written authorization from a court that specifies the area to be searched and what the police are searching for.
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What is the exclusionary rule?
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Evidence can not be used if it was obtained without a warrant.
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What did Mapp v. Ohio say?
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The 4th amendment must be extended to states.
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What is self-incrimination?
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A person accused of a crime is compelled to be a witness against him or her self.
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Is it legal?
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No it is against the 5th amendment.
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What did Miranda v. Arizona say?
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Suspects must be told of their [miranda] rights.
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What did Gideon v. Wainwright say?
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Anyone that is accused of a crime is entitled to a lawyer even if they can not afford one.
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What is plea bargaining?
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The defendant pleads guilty to another, lesser crime in order to avoid more serious punishment.
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What is the problem with the 8th amendment?
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It does not define what cruel and unusual punishment is.
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What does Gregg v. Georgia say?
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Upheld the consitutionality of the death penalty.
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What does McCleskey v. Kemp say?
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The death penalty is unconstitutional because minorities are more likely to get it.
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Is the right to privacy ever mentioned in the Constitution?
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No.
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What is the largest controversy over the right to privacy?
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Abortion (Roe v. Wade)
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What does Roe v. Wade say?
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A state can not ban all abortions.
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What did Planned Parenthood v. Casey say?
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Changed standard from strict scrutiny to undue burden.
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What is the problem with majority rule?
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It can interfere with civil liberties.
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What limits the government?
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Civil liberties.
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