POSI Civil Liberties

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34 Terms

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4th Amendment

No unreasonable search except on probable cause

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5th Amendment

not compelled to be a witness against oneself

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6th Amendment

right to a speedy and public trial, impartial jury

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7th Amendment

right to trial by jury

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8th Amendment

no cruel and unusual punishment

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1st Amendment

freedom of speech, press, religion, assembly, petition

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Restrictions on free speech

Libel/slander, obscenity that harms morals or encourages violence, “fighting words” that promote violence, slander

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Libel Definition

a published false statement that is damaging to a persons reputation. written defamation

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Obscenity Definition

depiction of sex in a socially harmful way

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Fighting words

designed to provoke a confrontation

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Slander Definition

spoken defamation of character

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Goal of the Bill of Rights

protect those who were accused of a crime

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First 10 amendments of what are the bill of rights

U.S. Constitution

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John Milton Beliefs

  1. Truth is objective and can be distinguished from falsehood

  2. people can discern this truth

  3. We should heir on hearing the other side of the argument

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John Stuart Mill Beliefs

If it will harm someone else, then it CAN be restricted by government

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Civil Liberties

Balancing the right of the individual with community needs and preferences 

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how to pass a constitutional amendment

2/3rds of the members of the U.S. house and senate then ¾ of the states can ratify it.

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Texas Judges

Elected by voters

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Federal Judges

appointed by president, confirmed by senate

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Mapp v Ohio

Violation of 4th amendment, unreasonable search, evidence found illegally cannot be used in federal court

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Miranda v Arizona

requirement for law enforcement to inform suspects of their right to remain silent and to have an attrney present

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Riley v California

unreasonable search of digital information on a cell phone seized from an arrested person.

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New York Times v Sullivan

established “actual malice” as a libel standard

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Lemon v Kurtzman

Government can accommodate religion if it serves a secular or non-religious purpose (Lemon test). Taxes can support teachers of secular subjects in religious schools.

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Civil rights policy goal

increasing fairness that has seemed hard to achieve

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13th Amendment

Ended Slavery

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14th Amendment

Equal protection

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15th Amendment

Guaranteed the right to vote

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Brown v Board of Education

segregation must end

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ended segregation

Civil Rights Act of 1964

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19th Amendment

Gave women the right to vote in 1920

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Jim Crow era

Seperated the races

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Plessey v Ferguson

separate but equal does not violate the 14th amendment

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Voting Rights Act of 1965

protected voting rights of minorities