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the right not to be discriminated against
are rights and freedoms that provide an individual specific rights such as the right to life, freedom from torture, freedom from slavery and forced labour, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to privacy, freedom of conscience, freedom of expression, freedom of assembly and association, and the right to marry and have a family.
Bill of rights originally applied only to national government, not the states
The 13th , 14th, 15th amendment
- the right of indiviuals to hold and communicate
- both a personal and a social good
- a personal good as an aspect of individual liberty
- congress shall make no law abridging the freedom of speech, no religious restrictions
Schenck v. United States (1919)
was a United States Supreme Court decision that upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to freedom of speech against the draft during World War I. Ultimately, the case established the "clear and present danger" test, which lasted until 1927 when its strength was diminished. The limitation to freedom of speech was further eased in 1969, with the establishment of the "Imminent lawless action" test by the Supreme Court.
Clear and Present Danger Test
was a term used by Justice Oliver Wendell Holmes, Jr. in the unanimous opinion for the case Schenck v. United States, concerning the ability of the government to regulate speech against the draft during World War I:
Abrams v. United States (1919)
was a 7-2 decision of the United States Supreme Court involving the 1918 Amendment to the Espionage Act of 1917, which made it a criminal offense to urge curtailment of production of the materials necessary to the war against Germany with intent to hinder the progress of the war. The 1918 Amendment is commonly referred to as if it were a separate Act, the Sedition Act of 1918.
principle is a test which permits restriction of freedom of speech by government if it is believed that a form of speech has a sole tendency to incite or cause illegal activity.
Dennis v. United States (1951)
was a United States Supreme Court case involving Eugene Dennis, general secretary of the Communist Party USA, which found that Dennis did not have a right under the First Amendment to the Constitution of the United States to exercise free speech, publication and assembly, if that exercise was in furtherance of a conspiracy to overthrow the government.
Clear and Probable Danger Test
In each case, we must ask whether the gravity of the evil, discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.
Acting for the purpose of expressing a political opinion.
- was a landmark decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states.
- Flag burning is alright constitutional
The part of the United States Bill of Rights that protects the right of the people to keep and bear arms.
District of columbia v. Heller (2008)
was a landmark case in which the Supreme Court of the United States held that theSecond Amendment to the United States Constitution protects an individual's right to possess a firearm for private use within the home infederal enclaves. The decision did not address the question of whether the Second Amendment extends beyond federal enclaves to thestates,
Those word which by their very utterance inflict injury or tend to incite an immediate breach of the peace.
- Material that is abhorrent to morality or virtue; specifically designed to incite lust or depravity (get someone horny)
- porn protected long as it is not obscene.
- porn : material that depits erotic behavior and is intendened to cause sexual excitement.
- Obscenity NOT protected ( juged by standars of the community.
- Pornography IS protected
- A tort consisting of a false and malicious publication printed for the purpose of defaming one who is living.
- slander: is the spoken version of Liable.
New York Times v. Sullivan (1964)
United States Supreme Court case which established the actual malicestandard 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 thefreedom of the press. The actual malice standard requires that the plaintiff in a defamation or libel case prove that the publisher of the statement in question knew that the statement was false or acted in reckless disregard of its truth or falsity. Because of the extremely high burden of proof on the plaintiff, and the difficulty in proving essentially what is inside a person's head, such cases—when they involvepublic figures—rarely prevail.
Rights of the Criminally Accused
- Search and seizure (4th)
- Self-incrimination(5th and 4th)
- Right to a attorney( 5th and 6th)
- Jury trial(6th)
- Cruel and unusual Punishment(8th)
- The principle that evidence gathered illegally may not be admitted into court.
- Historical Development
- Weeks v. us 1914-created and applied to federal cases.
- Wolf V. Colorado 1949- Court refused to apply it to state cases
- Mapp V. Ohio 1961- Court applied it to state cases.
was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in criminal prosecutions in state courts, as well as federal courts.
Miranda v. Arizona (1966)
was a landmark 5–4 decision of the United States Supreme Court. The Court held that bothinculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them.
Cruel and Unusual Punishment
Excessive bail shall not be required, nor excessive fines imposed, nor, Cruel and unusual Punishments
- The Punishment must be commensurate with the crime
- punishment fits the crime
the privacy of beliefs (1st Amendment), privacy of the home against demands that it be used to house soldiers (3rd Amendment), privacy of the person and possessions as against unreasonable searches (4th Amendment), and the 5th Amendment's privilege against self-incrimination, which provides protection for the privacy of personal information. In addition, the Ninth Amendment states that the "enumeration of certain rights" in the Bill of Rights "shall not be construed to deny or disparage other rights retained by the people
Griswold v. Connecticut (1965)
was a landmark case in which the Supreme Court of the United States ruled that theConstitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives. By a vote of 7–2, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy"
was a landmark controversial decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitutionextends to a woman's decision to have an abortion, but that right must be balanced against the state's two legitimate interests for regulating abortions
United States v. Miller (1939)
was the first Supreme Court of the United States decision to involve the Second Amendment to the United States Constitution. Miller is a controversial decision in the ongoing American gun politics debate, as both sides claim that it supports their position.
McDonald v. Chicago (2010)
was a landmark decision of the Supreme Court of the United States that determined whether the Second Amendment applies to the individual states. The Court held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states
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