Civil Liberties/Civil Rights, Free Speech, Freedom of Religion, Rights of the Accused UNIT 4 REVIEW
Accomodationist WHO WOULD SUPPORT SOME BLENDING BETWEEN CHURCH AND STATE?
Separationists WHO WOULD BELIEVE THAT “IN GOD WE TRUST” SHOULD BE REMOVED FROM OUR MONEY?
Establishment clause cases WHAT KIND OF CASES DOES THE COURT APPLY THE LEMON TEST TO?
1.The law has to have a secular purpose (can’t solely have a religious purpose) 2.The law can’t favor one religion over another 3.The law can’t excessively entangle church and state WHAT ARE THE THREE PRONGS TO THE LEMON TEST?
Engle v Vitale WHAT CONTROVERSIAL CASE ENDED SCHOOL PRAYER?
Establishment Clause WHAT KIND OF RELIGION CASE IS ABBINGTON V SCHEMP?
Belief WHAT RELIGIOUS RIGHT IS MOST PROTECTED?
Teaching evolution in school WHAT DID EPPERSON V ARKANSAS PROHIBIT STATE LAW FROM DOING?
Free exercise clause WHAT CLAUSE PROVIDES FREEDOM OF WORSHIP?
Reynolds v US IN WHAT CASE DID THE COURT BAN POLYGAMY?
The right not to salute the flag WHAT RIGHT DID WEST VIRGINIA V BARNETTE PROTECT?
The law targeted the religious practice WHY DID THE COURT STRIKE DOWN A LAW THAT RESTRICTED ANIMAL SACRIFICE IN LUKUMI BABALU V HIALEAH
Applies provisions of the Bill of Rights to the states Nationalizes the Bill of Rights WHAT IS THE EFFECT OF SELECTIVE INCORPORATION?
TThe 14 th Amendment WHEN NATIONALIZING THE BILL OF RIGHTS, WHAT AMENDMENT DOES THE COURT RELY ON?
Due process clause WHAT 14 TH AMENDMENT CLAUSE ARE 1 ST AMENDMENT RIGHTS SELECTIVELY INCORPORATED INTO?
Schenk v US WHAT FREE SPEECH CASE ESTABLISHED THE CLEAR AND PRESENT DANGER TEST?
If the Court relied on Schenk, what would it do to a law that banned the speech of a man who supported overthrowing the government in a speech? OVERTURN IT
Prior restraint THE COURT HAS TENDED TO DISALLOW LAWS THAT RESTRICT SPEECH BEFORE ITS GIVEN CALLED:
NY times v US WHAT SUPREME COURT CASE ESTABLISHED THE COURTS STANDARD OF PRIOR RESTRAINT?
The vagueness doctrine WHAT SPEECH TEST IS VIOLATED WHEN IT CAN BE TOO BROADLY APPLIED?
Symbolic speech WHAT KIND OF SPEECH WAS PROTECTED IN TEXAS V JOHNSON?
What case would you refer to in support the right of students to remain silent all day as a symbolic statement that the poor are ignored by politicians? TINKER V DES MOINES OR TEXAS V JOHNSON
They have to show malicious and reckless intent WHY IS IT DIFFICULT FOR PUBLIC FIGURES TO WIN LIBEL LAWSUITS?
Libel WRITTEN FALSE STATEMENTS THAT DAMAGE REPUTATION ARE CALLED:
Slander SPOKEN FALSE STATEMENTS THAT DAMAGE REPUTATIONS IS CALLED:
Fighting words WHAT UNPROTECTED SPEECH DID CHAPLINSKY V NEW HAMPSHIRE ESTABLISH?
What test might have been used to overturn a city ordinance banning “R” rated movies? MILLER TEST OR SLAPS
NO! IS OBSCENITY A PROTECTED FORM OF “SPEECH”?
The Miller test only determine whether something is considered obscene or not. What are the 3 prongs of the Miller test? 1.Violates local obscenity laws 2.Is seen by the average person as appealing to the prurient (lustful) 3.Lacks Serious Literary, Artistic, Political or Scientific value (SLAPS Test)
The Government WHO BANS SPEECH WHEN IT’S BEING CENSORED?
Added imminent lawless action to clear and present HOW DID BRANDENBURG MODIFY AND CLARIFY SCHENCK?
9 th Amendment protections PRIVACY, TRAVEL AND POLITICAL ASSOCIATIONS ARE EXAMPLES OF WHAT KIND OF RIGHTS?
To not be unreasonably searched and seized. privacy WHAT RIGHTS DOES THE 4 TH AMENDMENT PROTECT
Exclusionary rule WHAT RULE DID THE MAPP DECISION ESTABLISH?
What’s in immediate control Or in plain view WHAT CAN POLICE SEARCH WITHOUT A WARRANT AFTER AN ARREST?
With probable cause WHEN ARE SEARCH WARRANTS ISSUED?
5 th Amendment WHICH AMENDMENT PROTECTS AGAINST SELF-INCRIMINATION?
What was the Supreme Court case that established the responsibility of law enforcement to inform suspects of their rights? MIRANDA V ARIZONA
Right to a court appointed attorney in a state trial WHAT DID GIDEON V WAINWRIGHT ESTABLISH?
Gregg v Georgia What Court case reestablished capital punishment as a justifiable reaction to murder?
How did Atkins clarify Gregg? Capital punishment cannot be applied to the mentally handicapped
Which Amendment?
Trial by jury 7 th
No double jeopardy 5th
Speedy and public trial 6th
No excessive bail or fines 8th
Right to bring your own witnesses and cross examine witnesses brought by the prosecution 6th