Term
(5.1)
Espionage Act
(What is it?) |
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Definition
| It is against the law to talk badly about the war. |
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Term
(5.1)
Charles Schenck
(6 items) |
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Definition
1.Socialist Party
2.Thought the draft was stupid
3.Unconstitutional a person should not be forced to join the army...
4.Wrote and passed out papers that said that the draft was "involuntary servitude" (slave labor)
5.Arrested because of the Espionage Act
6.Guilty--(free speech?)-- rights of one vs. the needs of many |
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Term
5.1)
1917
(What was happening--3 things) |
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Definition
1.U. S. wanted to get an army ready to fight in WWI
2.Began the draft-- men were ordered to join the army...
3.Espionage Act-- wanted lower people's anger |
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Term
(5.1)
Wendell Holmes Jr.
(What did he say about the Schenck case?) |
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Definition
| Schneck's papers made "a clear and present danger". Free speech must be weighed--indivudual (1) vs. the best interest of many. Public (many) safety is more important than a person's individual (1) rights |
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Term
(5.1)
Bill of Rights
(What is it?)
(What did it do?) |
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Definition
1.The first 10 amendments (changes to the constitution)
2.Guaranteed civil liberties and civil rights |
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Term
(5.2)
Civil (people) Liberties (freedom)
(Definition) |
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Definition
| Freedoms that you have just because you are a person. --> Natural Rights, Unalienable Rights |
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Term
(5.2)
Example of civil liberties (7) |
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Definition
| life, liberty, pursuit of happiness, speech, religion, assembly (gather as a group, freedom from unreasonable search and seizure (taking things away) |
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Term
(5.2)
Civil Rights
(What are they?) |
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Definition
| The rights you have because you are an American --> How you are treated by law--equal rights as others and fair treatment |
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Term
(5.2)
Examples of civil rights (5) |
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Definition
| Right to a trial, right to trial by jury, right to have a lawyer, right to vote, the right to make a complaint to the government without being punished |
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Term
(5.2)
Malbury vs Madison
(What did this case do?) |
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Definition
| Allows for the Surpreme Court decide how the Bill of Rights will be followed (Enforcement) |
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Term
(5.2)
Barron vs. Baltimore
(What did this case do?) |
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Definition
| Says that--Bill of rights only concerns things that deal with the federal (the U.S. not state) government |
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Term
(5.2)
Plessy vs. Ferguson
(What did it say?) |
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Definition
| Segregation (separation) -- it is okay separate if services were equal. |
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Term
(5.2)
Abrams vs. U.S.
(What was this about?) (Who won?) |
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Definition
1.Russian-born
2.Papers the criticized U.S. actions against Russia's new government.
3.Guilty-- not freedom of speech--"clear and present danger. (U.S. won--this is not freedom of speech) |
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Term
(5.2)
What did Justice Oliver Wendell Holmes Jr. say about Freedom of Speech and "clear and Present danger) |
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Definition
1. Should be used only when public safety was at risk.
2. Only in an emergency
3.No laws taking away a person's freedom of speech. |
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Term
(5.2)
Gitlow vs. New York
(What was this about?)(Who won?) |
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Definition
1.Paper telling people to create a socialist government (property and money are in the control of the government)
2.Guilty--"dangerous speech" in the state of New York
3.Went to the Supreme Court
4.New York said not a federal government matter
5.Gitlow --14 Amendment (States cannot change the rights the people).--New York cannot decide
6.Supreme Court said New York still wins |
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Term
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Definition
| The Supreme Court uses parts of the Bill of Rights to make decisions vs. States. Here they used the Due Process Clause from the 14th amendment (Stops state from taking away a person's right to life, liberty, or property without being fair). |
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Term
(5.2)
Brown vs. Board of Education |
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Definition
| * "separate educational facilities are inherently unequal"--Some schools are better than others in what they have and how successful their students are. |
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Term
(5.3)
First Amendment--First Right |
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Definition
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Term
(5.3)
First Amendment--Establishment clause |
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Definition
| Separation of church and state--the government cannot tax religion. They cannot show favoritism or punish a specific religion(s). Supported by Thomas Jefferson |
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Term
(5.3)
Engel vs. Vital (New York 1962) |
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Definition
| Public schools should not start the day with a prayer--Judge Hugo Black |
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Term
(5.3)
Lemon vs. Kurtzman (1972) |
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Definition
| Cannot use taxes to help pay for private religious schools. |
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Term
(5.3)
First Amendment--Free Exercise Clause |
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Definition
| All people are free to follow whatever religion they want. |
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Term
(5.3)
Reynolds vs. United States |
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Definition
| Religions cannot break the law. In this case having more than one wife is against the law. |
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Term
| (5.3)Minerville School District vs. Gobitis (1940) |
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Definition
| Students must say the pledge--Jehovah Witnesses children refused. |
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Term
(5.3)
(1943)West Virginia Stat Board of Education vs. Barnette |
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Definition
| Students do not have to say the pledge |
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Term
(5.3)
First Amendment--Second Right |
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Definition
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Term
(5.3)
Cases of no "Freedom of Speech" |
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Definition
| Libel, Slander, Obscenity, safety and rights of others |
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Term
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Definition
| Writing or drawing something that is not true about another person(s) that tries to hurt that person. |
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Term
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Definition
| Saying something tyhat is not true about another person that tries to hurt that person. |
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Term
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Definition
| Saying something tyhat is not true about another person that tries to hurt that person. |
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Term
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Definition
| Using inappropriate language. |
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Term
(5.3)
Brandenburg vs. Ohio |
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Definition
| Ku Klux Klan leader gave a speech telling people to do illegal things--Brandenburg won because people would not do what he said. |
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Term
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Definition
| A behavior tha is inappropriate--flag burning |
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Term
(5.3)
Texas vs. Gregory Lee Johnson |
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Definition
| Flag burning Johnson arrested--against state law--Johnson wins--behavior was his opinion about the government |
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Term
(5.3)
(1996) Communications Decency Act--regarding pornography |
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Definition
| Tried to control pornography on the internet. |
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Term
(5.3)
(1997) Reno vs. American Civil Liberties Union |
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Definition
| Connumications Decency Act = Law was not clear enough and might limit freedom of speech on the internet. |
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Term
(5.3)
First Amendment--Third Right |
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Definition
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Term
(5.3)
Freedom of the Press |
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Definition
| Includes all types of written papers. |
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Term
(5.3)
Near vs. Minnesota (1931) |
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Definition
| Minnesota wante to stop a newpaper from printing illegal activities by people in state government--Near won--if information was false then could sue. |
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Term
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Definition
| Government tries to stop the news because the information could hurt the nation. |
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Term
(5.3)
Limits to Freedom of the Press |
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Definition
| Protecting the safety of the nation |
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Term
(5.3)
New York Times vs. United States |
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Definition
Daniel Ellsberg told bad secrets about Vietnam War (Pentagon Papers) -- U.S. wanted the information to stop
Times won--information would not hurt the nation. |
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Term
(5.3)
First Amendment--Fourth Right |
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Definition
| the right of the people to get together in a peaceful way to complain or to have the government solve a problem. |
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Term
(5.3)
Assemble in a peaceful way. |
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Definition
May need a permit
May need to follow rules--fair and equal for all, limit to "neutral" matters (time, place...) |
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Term
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Definition
| Hague did not like labor unions and refused to give CIO permit--CIO wins |
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Term
(5.3)
(1963) NAACP vs. Button--The State of Virginia |
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Definition
| Civil Rights Movement--NCAAP said go to court over discrimination. Button said NCAAP was just trying to make money. NAACP won--helping people to get lawful rights |
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