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

BANNING?

Free exercise clause

WHAT CLAUSE PROVIDES FREEDOM OF WORSHIP?

Reynolds v US

IN WHAT CASE DID THE COURT BAN POLYGAMY?

The right to refuse 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?

The 14th Amendment

WHEN NATIONALIZING THE BILL OF RIGHTS, WHAT AMENDMENT DOES THE COURT RELY ON?

Due process clause

WHAT 14TH AMENDMENT CLAUSE ARE 1ST 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 MOINESOR

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 laws2. 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?

9th 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 4TH AMENDMENT PROTECT

Exclusionary rule

WHAT RULE DID THE MAPP DECISION ESTABLISH?

What’s in immediate controlOr in plain view

WHAT CAN POLICE SEARCH WITHOUT A WARRANT AFTER AN

ARREST?

With probable cause

WHEN ARE SEARCH WARRANTS ISSUED?

5th 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

7th

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

They vote based on the Rule of 4

HOW DOES THE SUPREME COURT DETERMINE WHICH CASES TO

HEAR? (H )

Appellate

BY WHAT JURISDICTION DO MOST CASES REACH THE SUPREME

COURT?

Deny the case a hearing

WHAT WILL THE SUPREME COURT DO IF THE CLAIMANT (OR PLAINTIFF) LACKS

STANDING?

It accepts the case (the lower court sends the court documents to the Supremes)

WHAT HAPPENS WHEN THE COURT ISSUES A WRIT OF CERTIORARI?

Amicus Curiae brief

IF A SPECIAL INTEREST GROUP WANTS THE COURT TO INTERPRET A CASE A PARTICULAR WAY, IT CAN SEND

THE COURT A SO-CALLED FRIEND OF THE COURT BRIEF CALLED:

Writes an opinion (majority opinion)

ONCE THE COURT HAS DECIDED A CASE, HOW DOES IT NOTIFY THE

COUNTRY?

Concurring opinion

A DECISION THAT AGREES WITH THE MAJORITY, BUT DISAGREES WITH THE REASONING BEHIND IT, IS CALLED:

Dissenting opinion

A DECISION THAT DISAGREES WITH THE MAJORITY OPINION

1. Amend the U.S. Constitution 2. The executive branch can ignore the decision and

not enforce it3. State and local government, school boards and

police forces can ignore the court’s opinion4. Amend state constitutions

Answer: #4: The Supremacy Clause overrides state constitutions in favor of the US Constitution.

WHICH IS NOT A WAY A SUPREME COURT DECISION CAN BE

“EVADED”?

The judicial philosophy that respects Congressional lawmaking and

precedent:

Judicial restraint

Rights of groups that are protected by the 14 th Amendment’s equal protection

clause:

Civil Rights

Individual rights protected by the Bill of Rights:

Civil liberties

The process the Court uses to apply provisions of the Bil l of Rights to the 14 t h Amendment’s due process

clause, thereby nationalizing it (or applying the protection to the states):

Selective incorporation

The Court case that established the standard for determining what provisions of the Bill of

Rights will be nationalized:

Palko v Connecticut

What kind of law is unwritten, issued by Court precedent (like desegregation)?

Common law

What two kinds of courts does our dual-court system refer to?

State and federal courts

How long to federal appellate and Supreme Court justices serve for?

Life!

Who’s power is passive?

The Court’sThe judicial branch’s

Where are 90% of all federal cases handled?

District Court

If you lose your case in a Federal District Court, where can you ask a

higher court to review the case?

Federal Appellate CourtCircuit CourtCourts of Appeal

What gives judges the ability to interpret law and legislate from the

bench?

Broadly worded lawsBroadly worded Constitution Judicial Activism

If a case can be heard by either a state or federal court (whether originally or on

appeal), the authority exercised by both is called:

Concurrent

In what case did the Supreme Court fi rst selectively incorporate a provision

from the Bill of Rights?

Hint: Free speech caseHint #2: Think dancing…

Gitlow (get it?) v New York

Where are these words found? “…nor shall any State deprive any person of life, liberty, or property, without due process of law”

14th Amendment

Who decides who writes the opinion of the Court?

Chief JusticeOr, the senior justice with the majority if the CJ didn’t

vote with the majority

What case established judicial review?

Marbury v Madison

What gives the Court the power to check the constitutionality of law and executive orders and

declare them null and void if they violate constitutional protections?

Judicial review