Presentation Transcript

1. Unit 4 Review Civil Liberties/Civil Rights, Free Speech, Freedom of Religion, Rights of the Accused
2. Who would support some blending between church and state? Accomodationist
3. Who would believe that “IN God we trust” should be removed from our money? Separationists
4. What kind of cases does the court apply the lemon test to? Establishment clause cases
5. What are the three prongs to the lemon test? The law has to have a secular purpose (can’t solely have a religious purpose) The law can’t favor one religion over another The law can’t excessively entangle church and state
6. What controversial case ended school prayer? Engle v Vitale
7. What kind of religion case is Abbington v Schemp? Establishment Clause
8. What religious right is most protected? Belief
9. What did Epperson v Arkansas prohibit state law from doing? Teaching evolution in school
10. What clause provides freedom of worship? Free exercise clause
11. In what case did the court ban polygamy? Reynolds v US
12. What right did West Virginia v Barnette protect? The right not to salute the flag
13. Why did the court strike down a law that restricted animal sacrifice in LukumiBabaluv Hialeah The law targeted the religious practice
14. What is the effect of selective incorporation? Applies provisions of the Bill of Rights to the states Nationalizes the Bill of Rights
15. When nationalizing the bill of rights, what amendment does the court rely on? The 14th Amendment
16. What 14th amendment clause are 1st amendment rights selectively incorporated into? Due process clause
17. What free speech case established the clear and present danger test? Schenk v US
18. Overturn it 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?
19. The court has tended to disallow laws that restrict speech before its given called: Prior restraint
20. What supreme court case established the courts standard of prior restraint? NY times v US
21. What speech test is violated when it can be too broadly applied? The vagueness doctrine
22. What kind of speech was protected in Texas v johnson? Symbolic speech
23. Tinker v des moinesorTexas 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?
24. Why is it difficult for public figures to win libel lawsuits? They have to show malicious and reckless intent
25. Written false statements that damage reputation are called: Libel
26. Spoken false statements that damage reputations is called: Slander
27. What unprotected speech did Chaplinsky v New hampshireestablish? Fighting words
28. Miller Test or slaps What test might have been used to overturn a city ordinance banning “R” rated movies?
29. Is obscenity a protected form of “speech”? NO!
30. The Miller test only determine whether something is considered obscene or not. What are the 3 prongs of the Miller test? Violates local obscenity laws Is seen by the average person as appealing to the prurient (lustful) Lacks Serious Literary, Artistic, Political or Scientific value (SLAPS Test)
31. Who bans speech when it’s being censored? The Government
32. How did brandenburgmodify and clarify schenck? Added imminent lawless action to clear and present
33. Privacy, travel and political associations are examples of what kind of rights? 9thAmendment protections
34. What rights does the 4th amendment protect To not be unreasonably searched and seized. privacy
35. What rule did the mapp decision establish? Exclusionary rule
36. What can police search without a warrant after an arrest? What’s in immediate control Or in plain view
37. When are search warrants issued? With probable cause
38. Which amendment protects against self-incrimination? 5th Amendment
39. Miranda v Arizona What was the Supreme Court case that established the responsibility of law enforcement to inform suspects of their rights?
40. What did gideon v wainwright establish? Right to a court appointed attorney in a state trial
41. What Court case reestablished capital punishment as a justifiable reaction to murder? Gregg v Georgia
42. How did Atkins clarify Gregg? Capital punishment cannot be applied to the mentally handicapped
43. Which Amendment?
44. Trial by jury 7th
45. No double jeopardy 5th
46. Speedy and public trial 6th
47. No excessive bail or fines 8th
48. Right to bring your own witnesses and cross examine witnesses brought by the prosecution 6th