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Ch. 5, Part I
Civil Liberties
| Question | Answer |
|---|---|
| the personal guarantees and freedoms that the fed gov't cannot abridge by law, constitution, or judicial interpretation | civil liberties |
| the government-protected rights of individuals against arbitrary or discriminatory treatment | civil rights |
| "the enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" | Ninth Amendment |
| clause contained in the 5th and 14th Amendments, Over the years, it has been construed to guarantee to individuals a variety of rates ranging from econ liberty, criminal procedural rights, protection from arbitrary gov't action | due process clause |
| judicial interpretation of the 5th and 14th Amendments' due process clause that protects citizens from arbitrary or unjust laws | substantive due process |
| an interpretation of the const that holds that the due process clause of the 14th Amendment requires that state and local gov'ts also guarantee those rights | incorporation doctrine |
| the first clause in the 1st Amendment; it prohibits the national gov't from establishing a national religion | establishment clause |
| the second clause in the 1st Amendment; it prohibits the US gov't from interfering w/ a citizen's right to practice his or her religion | free exercise clause |
| constitutional doctrine where the gov't prohibits speech or publication before the fact; generally held to be in violation of the 1st Amendment | prior restraint |
| symbols, signs, and other methods of expression generally also considered to be protected by the 1st Amendment | symbolic speech |
| false written statements or written statements tending to call someone's reputation into disrepute (means like disgrace) | libel |
| untrue spoken statements that defame the character of a person | slander |
| Supreme Court case that ruled that the Bill of Rights limited only the fed gov't and not the state gov't; occurred before the 14th Amendment was passed; prevented federal review of state laws | Barron v. Baltimore (1833) |
| upheld Gitlow's conviction for writing a manifesto to overthrow the gov't; Supreme Court noted that states were not completely free to limit forms of political expression, led to incorporation doctrine | Gitlow v. New York (1925) |
| first case in which the Supreme Court found that a state law violated the freedom of the press | Near v. Minnesota (1931) |
| What did the Supreme Court rule for Near v. Minnesota? | the government could not censor or otherwise prohibit a publication in advance, even though the communication might be punishable after publication in a criminal or other proceeding |
| first case in which the Supreme Court that the recitation in public school classrooms of a 22 word nondenominational prayer drafted by a New York school board was unconstitutional | Engel v. Vitale (1962) |
| What was significant about Engel v. Vitale? | It is one of many Supreme Court rulings that promotes the separation of church and state when issues of prayer in school are involved; tries to prevent violation of establishment clause |
| legislation that violated the 1st Amendment; enacted prior restraint; prevents people from speaking out against the gov't; ex given describes it being used against anti-Federalists | Alien and Sedition Acts |
| a Supreme Court case that ruled that Congress had a right to restrict anti-gov't speech during WWI | Schneck v. US (1919) |
| another Supreme Court case where the SC made another test to see what kinds of speech could be regulated by the gov't | Brandenburg v. Ohio (1969) |
| case where Supreme Court ruled that the gov't couldn't block the publication of leaked documents, thus going against prior restraint; 1st major libel case considered by SC; also called NYT Co. v. Sullivan | Pentagon Papers Case (1971) |
| case where the Supreme Court ruled in favor of symbolic speech when high school students wore black armbands in protest of the Vietnam War | Tinker v. Des Moines (1969) |
| case in which the Supreme Court of the United States held that the Fourteenth Amendment's due process clause applies to freedom to assembly | DeJonge v. Oregon (1937) |
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