Constitutional Law Criminal Justice System Ch 6
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What Basic Freedoms are guaranteed in the First Amendments?
prohibits Congress from making any laws that restrict freedom of religion, freedom of speech, freedom of the press or the right to gather or assemble peacefully and to request he government to respond to complaints from its citizens
Are rights guaranteed in the First Amendment are absolute?
No Rights are absolute, so government can regulate them when social interests outweigh those of the individual
what Freedoms are included in religious Freedom?
Religious freedom includes the freedom to worship, to print instructional material, to train teachers and to organize schools in which to teach, including religion.
what does the establishment clause guarantee?
states "Congress shall make no law respecting an establishment of religion." that is, Congress cannot create a national church or prescribed religion.
what does the free exercise clause guarantee?
The free exercise clause of the First Amendment declares, "congress shall make no law... prohibiting the free exercise [of religion]
what does freedom of speech guarantee american citizens?
Freedom of speech and expression includes the right to speak and the right to be heard.
what type of speech Congress has passed laws restricting?
Congress has passed laws limiting speech that advocates overthrowing the government by force.
What does the "imminent lawless action" test involve?
When is it likely to be used?
The "Clear and present Danger" test was replaced by the "imminent lawless action" test to determine when speech should not be protected by the first amendment (Brandenburg v. Ohio (1969).)
under what two conditions are police officers' speech protected under the first amendment?
- as public employees, law enforcement officers' speech is protected under the First Amendment only if it is:
- 1) a matter of public Concern
- 2) unrelated to employment
Are symbolic acts protected under the First Amendment?
yes, Symbolic acts are protected under the First Amendment
What is included in Freedom of the press?
Freedom of press applies to all types of printed and broadcast material, including books, newspapers, magazines, pamphlets, films, radio and television programs.
What basis freedoms do prison inmates have?
Prisoners' rights based on the First Amendment involve censorship of mail, expression within the institution, association within the institution, religion, appearance and visitation rights.
Vocab: Establishment Clause
Clause in the First Amendment that states, "congress shall make no law respecting an establishment of religion"
Vocab: free exercise clause
clause in the First Amendment that declares, Congress Shall make no law prohibiting the free exercise of religion
Vocab: Judicial activism
allowing judges to interpret the Constitution and its Amendments
Vocab: strict scrutiny
the legal standard applied to due-process analysis of fundamental rights, such as freedom of speech, in which the state must establish it has a compelling government interest that justifies and necessitates the law in question and that the law is narrowly tailored to fit that interest;
a very high standard and difficult to defend
Vocab: "Clear and present Danger" test
the test of whether words are so potentially dangerous as to not be protected by the First Amendment
Vocab: "clear and probable danger" test
the test of whether the gravity of the evil discounted by its improbability justifies an invasion of free speech necessary to avoid any danger.
for limiting speech that advocates overthrowing the government by force... Dennis V. United States (1951)
Vocab: "imminent lawless action" test
replaced the "clear and present danger" test
A three-part test that the government must meet if certain communication is not to be protected by the 1st Amendment:
- 1)the speaker subjectively intended incitement
- 2)in context, the words used were likely to produce imminent, lawless action
- 3)the words used by the speaker objectively encouraged and urged incitement
Vocab: Balancing Test
a position taken by the appellate courts to balance the needs of society for law and order and for effective law enforcement against the privacy rights of individuals
Vocab: preferred freedoms approach
a position that stresses that civil liberties are to take precedence over other constitutional values because they are requisite to democracy
under this concept the burden lies largely with the government to prove that clear and present danger exists when a freedom is exercised.
Vocab: Symbolic Speech
"a form of speech that expresses an idea or emotion without use of words, such as burning one's draft card, bra, flag, books, or picketing"
Vocab: prior restraint
a restriction on publishing certain materials
Vocab: "Rational Basis" test
the standard for analyzing the First Amendment claims by prisoners and other constitutional claims as well
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