Civil Liberties


Terms in this set (...)

Barron v. Baltimore (1833)
Ruled that the Bill of Rights cannot be applied to the states. (State ruined a mans warf and didn't have to compensate)
incorporation doctrine
the process by which the Bill of Rights was extended to the states and localities
Gitlow v. New York (1925)
Supreme Court says the First Amendment applies to states
Palko v. Connecticut (1937)
Provided test for determining which parts of Bill of Rights should be federalized - those which are implicitly or explicitly necessary for liberty to exist.
Palko Test
Any right that is so important that liberty would not exist without it must be upheld by states
selective incorporation
court cases that apply Bill of Rights to states
Establishment Clause
Clause in the First Amendment that says the government may not establish an official religion.
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Accommodationist view
Government support for religion and associated activities
Seperatist view
There should be no interaction between church and state
Lemon v. Kurtzman (1971)
Established 3-part test to determine if establishment clause is violated: nonsecular purpose, advances/inhibits religion, excessive entanglement with government.
Lemon Test
The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
Engel v. Vitale (1962)
Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.
Lee v. Weisman (1992)
Public schools may not have clergy lead prayers at graduation ceremonies (captive audience rule)
Equal Access Act
schools cannot deny use of facilities for any political, philosophical, or religious reason
Epposon v. Arkansas (1968)
Banned teaching of evolution.
1987 ruling said schools can't teach creationism
Reynolds v. US (1879)
Banned Polygamy. Distinguished between religious beliefs that are protected by the free exercise clause and religious practices that may be restricted. Ruled that religious practices cannot make an act legal that would otherwise be illegal.
Oregon v. Smith (1990)
Banned the use of illegal drugs in religious ceremonies. Ruled that the government can act when religious practices violate criminal laws.
Obscene, libelous, seditious
Types of speech that can be restrained
Schneck v. US (1919)
speech can be limited if it is considered a "clear and present" danger
Espionage Act of 1917
Law which punished people for aiding the enemy or refusing military duty during WW1
Clear and Present Danger
Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.
Brandenburg v. Ohio (1969)
the KKK did cross burning and held rally; wasn't unconstitutional because it wasn't imminent
Tinker v. Des Moines (1969)
Guaranteed a student's right to protest (wearing armbands).
Texas v. Johnson (1989)
Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment.
prior restraint
censorship of a publication in court
NY Times v. US (1971)
Pentagon Papers, can't use prior restraint unless harms country
Chaplinsky v. New Hampshire (1942)
The Court ruled that the first amendment did not protect "fighting words" (obscene language)
Roth v. US (1957)
obscene material is not protected by the 1st Amendment... led to explosion of porn
Miller v. California (1973)
Established that community standards be used in determining whether material is obscene in terms of appealing to prurient interest, being patently offensive, and lacking in value.
Due Process
fair treatment through the normal judicial system, especially as a citizen's entitlement.
Procedural Due Process
Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.
substantive due process
Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.
4th Amendment
Freedom from unreasonable searches and seizures
probable cause
reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
Mapp v. Ohio (1961)
Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism.
exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process
Miranda v. Arizona
Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.
Gideon v. Wainwright (1963)
Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Warren Court's judicial activism in criminal rights.
8th Amendment
No cruel or unusual punishment
Furman v. Georgia (1972)
The death penalty, as administered, constitutes cruel and unusual punishment.
Gregg v. Georgia (1976)
Death penalty is not "cruel and unusual punishment" in cases of murder
3 strikes law
life sentence for 3rd felony offense, even if it's minor
Griswold v. Connecticut (1965)
Established that there is an implied right to privacy in the U.S. Constitution
Roe v. Wade (1973)
Abortion rights fall within the privacy implied in the 14th amendment
Planned Parenthood v. Casey (1992)
States can regulate abortion, but not with regulations that impose "undue burden" upon women; did not overturn Roe v. Wade, but gave states more leeway in regulating abortion (e.g., 24-hour waiting period, parental consent for minors)
Undue Burden Test
a means of deciding whether a law that makes it harder for women to seek abortions is constitutional
Lawrence v. Texas (2003)
Using right of privacy, struck down Texas law banning sodomy.
2nd Amendment
Right to bear arms
McDonald v. Chicago (2010)
Incorporated the 2nd Amendment right to bear arms to the states