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| rights and freedoms that protect an individual from the state. Civil liberties set limits on the government so that its agents cannot abuse their power and interfere unduly with the lives of private citizens. |
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| Exclusionary rule of evidence |
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| legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. |
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| These rights included the right to remain silent, to have an attorney present during interrogation, and to have an attorney provided if the accused cannot afford one |
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| Forbids the creation of an official religion and restricts the government from becoming involved in church matters, even on a non-preferential basis |
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| legal term related to censorship in the United States referring to government actions that prevent communications from reaching the public. |
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| term of law which refers to overt conduct, such as speech and organization, that is deemed by the legal authority as tending toward insurrection against the established order. |
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| process by which American courts have applied portions of the U.S. Bill of Rights to the states. |
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| the action or crime of making a false spoken statement damaging to a person's reputation |
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| Fredom of speech restriccion: false statements that harm a person’s reputation |
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| procedural defense that forbids a defendant from being tried twice for the same crime on the same set of facts. |
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| the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. |
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| principle that the government must respect all of the legal rights that are owed to a person according to the law. Due process holds the government subservient to the law of the land, protecting individual persons from the state. |
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| Fredom of speech restriccion: Advertising, according to Justice Harry Blackmun, is “not stripped of all First Amendment protection” so long as it is truthful and of value to the public. It is only when advertising is either deceptive or involves an illegal or harmful product that commercial speech is subject to suppression or regulation |
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| Clear and present danger test |
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| used by Justice Oliver Wendell Holmes, Jr. in the unanimous opinion for the case Schenck v. United States,[1] concerning the ability of the government to regulate speech against the draft during World War I |
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| Fredom of speech restriccion: third variety of speech rendered at least partially unprotected under the First Amendment is called symbolic speech. Expression of this kind typically involves some type of illegal behavior designed to communicate an idea |
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| type of jury that determines whether there is enough evidence for a trial. Grand juries carry out this duty by examining evidence and issuing indictments, or by investigating alleged crimes and issuing presentments. A grand jury is traditionally larger than and distinguishable from a petit jury, which is used during a trial. |
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| act of accusing oneself of a crime for which a person can then be prosecuted. Self-incrimination can occur either directly or indirectly |
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| method for determining the constitutionality of a statute that restricts the practice of a fundamental right or distinguishes between people due to a suspect classification |
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| ccompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. |
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| Employment Division of Oregon v. Smith (1990) |
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| case that determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts done in pursuit of religious beliefs, they are not required to do so. |
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| Miranda v. Arizona (1966) |
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| A confession could not be admitted into evidence unless a defendant was informed of her or his rights under the Fifth Amendment |
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| Set out a three-part test to determine violations of the establishment clause: (1) the statute must have a legislative purpose that is secular; (2) a government policy must have a “primary effect” that neither advances nor inhibits religion; and (3) a government policy must not result in an excessive entanglement between church and state |
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| act of the legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a trial. |
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| law that retroactively changes the legal consequences (or status) of actions committed or relationships that existed prior to the enactment of the law. |
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| The ruling made it possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censure. |
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| Case in which the Supreme Court of the United States upheld a federal law which set limits on campaign contributions, but ruled that spending money to influence elections is a form of constitutionally protected free speech, and struck down portions of the law. The court also stated candidates can give unlimited amounts of money to their own campaigns. |
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| United States v. Eichman (1990) |
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| Case that invalidated a federal law against flag desecration as violative of free speech under the First Amendment to the Constitution. It was argued together with the case United States v. Haggerty. |
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| Brandenburg v. Ohio (1969) |
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| Even speech calling for illegal acts is protected |
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| Miller v. California (1973) |
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| In a 5-to-4 decision, the Court held that obscene materials did not enjoy First Amendment protection. The Court modified the test for obscenity established in Roth v. United States and Memoirs v. Massachusetts, holding that "[t]he basic guidelines for the trier of fact must be: (a) whether 'the average person, applying contemporary community standards' would find that the work, taken as a whole, appeals to the prurient interest. . . (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value." The Court rejected the "utterly without redeeming social value" test of the Memoirs decision. |
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| case that determined that it is unconstitutional for state officials to compose an official school prayer and require its recitation in public schools. |
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| Reynolds v. United States (1878) |
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| case that held that religious duty was not a suitable defense to a criminal indictment. George Reynolds was a member of The Church of Jesus Christ of Latter-day Saints, charged with bigamy under the Morrill Anti-Bigamy Act after marrying Amelia Jane Schofield while still married to Mary Ann Tuddenham in Utah Territory. |
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| Atkins v. Virginia (2002) |
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| case in which the Supreme Court of the United States ruled 6-3 that executing the mentally retarded violates the Eighth Amendment's ban on cruel and unusual punishments. |
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| Principal boundary around freedom of expression: according to the clear and present danger test, government has the right to restrict freedom of speech when public order is threatened. |
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| Sheppard v. Maxwell (1966) |
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| A case involving the conviction of a prosperous Cleveland doctor, Sam Sheppard, for the murder of his wife |
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| Wisconsin v. Yoder (1972) |
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Definition
| The Amish were exempt from the education laws after eighth grade, even though the laws are generally believed to serve the interests of society |
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| New York Times v. Sullivan (1964) |
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| case which established the actual malice standard which has to be met before press reports about public officials or public figures can be considered to be defamation and libel; and hence allowed free reporting of the civil rights campaigns in the southern United States. It is one of the key decisions supporting the freedom of the press. |
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| Brewer v. Williams (1977) |
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Definition
| Has also made exceptions to the rule that confessions made during police interrogation are admissible in court only if a suspect has first been given Miranda warnings |
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| Gideon v. Wainwright (1963) |
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| In Gideon, a poor man was accused of a crime and denied a lawyer. In prison, Gideon, himself, drafted a petition to the Supreme Court asking for an appeal. The Court accepted the case and ruled unanimously that a lawyer was a necessity in criminal court, not a luxury. The state must provide a lawyer to poor defendants in felony cases |
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| The case limited the exclusionary rule’s coverage and incorporated a “good faith” exception and others, as well |
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| The process by which the Bill of Rights came to be applied to the states |
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Definition
| incorporation doctrine, most provisions of the Bill of Rights now also apply to the state and local governments, by virtue of the due process clause of the Fourteenth Amendment of the Constitution. |
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| Major exceptions to the First Amendment’s protection of freedom of speech |
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Definition
| Defamation | Causing panic | Fighting words | Incitement to crime | Sedition | Obscenity |
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| Challenges that the Internet poses to balancing freedom and order, both in the U.S. and around the world |
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| When the 14 amendment ws adopted in 1791, its authors culd not have forseen the devepment of electronic listeining devices that make it unnecessary to enter a home or place of business to conduct a seach. Congress passed the Omnibus Crime and Safe Streets Act, which legalize electronic surveillance by federal, state, and local police, but iut placed them under the limitations of the 14 amendment. It requieres that the police officers obtain a warrant from a magistrate when they intend to use a wiretap. |
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| Importance of the free speech ruling of the Supreme Court in the Buckley v. Valeo case |
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Definition
| The court found that the 1st amendment interests were outweighted by the important govermental purpose of elimitation political corruption. The court found several other parts of the law to be unconsittutional, such as those that placed limits on the amount candidates can spend on campains and on the amount of personal money a candidate can spend in promoting his/her own candidacy. |
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| Three elements of the Lemon v. Kurtzman test. Why it was necessary to develop? |
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| 1st the law must have a secular purpose. 2nd the primary effect on the program must not be either to promote or to interfere with religion. 3rd the gov's policy must not result in "execive entanglement" of church and state |
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| The obscenity rulings of the Supreme Court and how these relate to civil liberties |
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| Obsenity is not protected by the freedom of speech. Sex and obsenity is not the same. The cour stablish a test for determining whether a particular work is obscene; the key terms for this test are: average person and dominant theme. Court held that the standards used to define obscenity do not applu to the sale or distribution of sexually oriented materials to minos and that child pornography is nor protected by the 1st amendment. |
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| Why the requirement to "mirandize" is important and which of the rights under the Bill of Rights it seeks to protect |
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| They are necessary, in the view of the Court, to guarantee the 5 amendment protection against self-incrimination. W/o these rules, there is too much danger that the police may obtain statment and confessions that are not truly voluntary. |
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| Exceptions to the exclusionary rule of evidence |
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Definition
| The first exception is the Independent Source Doctrine, evidence is seized in two different physical ways.The second exception is the Inevitable Discovery Doctrine, states that the evidence is seized in two different ways, but only one being physical. The evidence is secured physically by illegal means, but there is also a hypothetical seizure of the evidence that would not have been illegal. The third and final exception is that of Good Faith, In this case, a police officer receives a warrant from a magistrate and acts on it to seize evidence. |
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| Times when a search warrant is not required |
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| if a criminal flees the scene of a crime and the police officer follows him, the officer has the right to enter a property in which the criminal has sought shelter. Conversely, in authoritarian regimes, the police typically have the right to search property and people without having to provide justification, or without having to secure the permission of a court. |
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| The rights of the accused under the Bill of Rights. Know why the founding fathers sought to include these protections in the Constitution through the Bill of Rights |
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| the founding fathers sought to place trust in the power of the ordered liberty of democratic government versus the anarchy of insurrectionists. |
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| recent Supreme Court rulings dealing with the death penalty |
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Definition
| Penry v. Lynaugh, 492 U.S. 302 (1989). However, in Atkins v. Virginia, 536 U.S. 304 (2002), the Court held that standards of decency had evolved in the 13 years since Penry and that a national consensus had formed against such executions, demonstrating that the execution of the mentally retarded is cruel and unusual punishment. |
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