Chapter 4-Civil Liberties and Public Policy
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Created by:
ashleychap12 on October 7, 2011
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Government Chapter 4 Vocabulary
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34 terms
Terms | Definitions |
|---|---|
 Civil Liberties | The legal constitutional protections against government |
| Bill of Rights | the first ten amendments to the U.S. constitution, which define such basic liberties as freedom of religon,speech, and press and guarantee defendants' rights |
| First Amendment | the constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly |
| Barron v. Baltimore | the 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities |
| Gitlow v. New York | the 1925 Supreme Court decision holding that feedom of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as the federal government |
| Fourteenth Amendment | The constitutional amendment adopted after the Civil War that states "no state shall make or enforce any law that shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, libertiy, or property, without the due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." |
| Incorporation Doctrine | the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment |
| Establishment Clause | part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion." |
| Free Excercise Clause | A First Amendment provision that prohibits government from interfering with the practice of religion |
| Lemon v. Kaurtzman | the 1971 Supreme Court decision that established that aid to church related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion |
| Engel v. Vitale | the 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildern |
| School Distract of Abington Township, Pennsylvania v. Schemmp | a 1963 Supreme Court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment |
| Prior Restraint | a government preventing material from being published. |
| Near v. Minnesota | the 1931 Supreme Court decision holding that the First Amendment protects newspapers from prior restraint |
| Schenek v. United States | a 1919 Supreme Court decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I |
| Zurcher v. Stanford Daily | a 1978 Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press |
| Roth v. United States | a 1957 supreme court decision ruling that obesenity is not within the area of constitutionally protected speech or press |
| Miller v. California | a 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value |
| libel | the publications of false or malicious statements that damage someone's reputation |
| New York Times v. Sullivan | decided in 1964, this case established the quidelines for determining whether public officials and public figures could win damage suits for libel. |
| Texas v. Johnson | a 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment |
| Symbolic Speech | nonverbal communication |
| Commercial Speech | communication in the form of advertising |
| Miami v. Herald Publishing Company | a 1974 case in which the Supreme Court held that a state could not force a newspaper to print replies from canidates it had critisized, illustrating the lilited power of the governmetn to restrict the print media |
| Red Lion Broadcasting Company v. FCC | a 1969 case in which the Supreme Court upheld restrictions on radio and television broadcasting |
| NAACP v. Alabama | the Supreme Court protected the right to assemble peaceably in this 1958 case |
| Proabable Cause | the situation occuring when the police have reason to believe that a person should be arrested |
| Mapp v. Ohio | the 1961 Supreme Court decision ruling that the Fourth Amendment's protection against unreasonable searches and seizures must be extended to the states as well as the federal goverment |
| Sixth Amendment | the consititutional amendemtn designed to protect individuals accused of crimes |
| Gideon v. Wainwright | right to a lawyer |
| Eighth Amendment | forbids cruel and unusual punishment |
| Gregg v. Geogia | the death penalty does not constitute crueal and unusual punishment |
| McCleskey v. Kemp | upheld the constitutionality of the death penalty |
| Roe v. Wade | a state ban on abortions is unconstitutional |
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