Term
|
Definition
Rights that need protection from the gov't |
|
|
Term
|
Definition
Rights that need protection by the gov't |
|
|
Term
What are the limits on your civil liberties and who makes these distinctions |
|
Definition
"your civil liberties end when they begin to infrindge on the rigts of others, and the courts make these distinctions |
|
|
Term
What in Incorporation theory and whic court case established it |
|
Definition
It applies the bill of rights to all states by using the 14th amendment; established in the case Gitlo v Newyork 1975 |
|
|
Term
What are the 5 issues covered in the 1st amendment |
|
Definition
Press, religion, assemple, petetion, and speech |
|
|
Term
In 1971 in the case Lemon V Kurtzman the supreme court limited taxpayer money going to Parochial schools by establishig a three tiered test. What are the three tiers that were established? |
|
Definition
1.aid must be non-religious in nature
2.Aid must ovid excessive enteglement
3.Must not promote or prohibit a religion |
|
|
Term
Give 3 examples of state aid that can be given to church related schools? |
|
Definition
Bussing
Shared services
Vouchers |
|
|
Term
Is the displaying of the ten commandments allowed on gov't property |
|
Definition
Depends, display is permissable but is not mandated |
|
|
Term
Can the state mandate the teaching of creationism |
|
Definition
States cannot mandate the teaching of creationism
|
|
|
Term
The courts have upheld a distinction between the ______and the______ of religion |
|
Definition
|
|
Term
The free exercise of religion is not protected in what two cases |
|
Definition
If waht youre doing violates civil duties
Or if it is subersive to good order |
|
|
Term
What two purposes are served by the protection of free seech by the 1st and 14th amendment |
|
Definition
1st guarntess free expression of ideas in spoken and written words, gurantee all persons a full wide wranging discussion of public affairs |
|
|
Term
Give examples of expressions that are not protected |
|
Definition
Seditious speech
Something that would present a danger
Libel
Fihgting words
Slander
Heckler'sveto
Anything that advocates illegal activities |
|
|
Term
What is prior restraint and how was the court rulled on that subject |
|
Definition
Curbing or punishing ideas before they happen. Courts have ruled that the gurantee of freedom of press dosent allow for prior restraint except for extreme casess |
|
|
Term
What was the ruling in Hazelwood V Kuhlmeier |
|
Definition
Education may exercise control over school sponsered activites/ publications |
|
|
Term
Are repoters protected under the 1st amendment when it comes to testifying in court |
|
Definition
NO, they must answer any relevant questions |
|
|
Term
What is symbolic speech give examples and how was the court ruled on it |
|
Definition
expression by conduct- armbands, ribbions, picketing |
|
|
Term
|
Definition
The right of the citizen to own a gun with restrictions |
|
|
Term
|
Definition
No forced quatering of troops |
|
|
Term
|
Definition
- Protects american citizens from unwarrented searches and seizures
- Evidenc found during an illegal search may not be used
|
|
|
Term
|
Definition
Protecs citizens from the following
- Double jepardy
- Self incrimination
- Eminant domain
- due process of law
|
|
|
Term
|
Definition
Guarntee the right to a jury trial in criminal cases, and right to an attorney, all trials must be speedy and public |
|
|
Term
|
Definition
Right to a jury trial in civil cases |
|
|
Term
|
Definition
Protection from crule of unsusal punishment |
|
|
Term
|
Definition
Unernumerated rights, such as abortion, and privacy |
|
|
Term
|
Definition
State powers and federalism |
|
|
Term
|
Definition
What is a formal complaint before a grand jury, which charges the accused with one or more crimes |
|
|
Term
|
Definition
False and malicious use of rpinted words |
|
|
Term
|
Definition
Constitutional rights, which must read to a suspect before questioning can occur |
|
|