Constitutional Freedoms & Liberties REVIEW

review for test

Pure speech

or free speech; verbal expression of thought and opinion before an audience that has chosen to listen; most common form of speech

Symbolic speech

the use of action and symbols, in addition to or instead of words, to express opinions; sometimes called expressive conduct

defamatory speech

false speech that damages a person's reputation, character, or good name

slander

defamatory speech that is spoken

libel

defamatory speech that is written

fighting words

These are words spoken face-to-face that are likely to cause immediate violence & thus not protected by free speech

seditious speech

any speech urging the resistance to lawful authority or advocating the overthrow of the government (revolution)

censorship

the act of governments prohibiting the use of publications or productions they find offensive or contrary to their own interests

prior restraint

censorship of information before it is published; permissable only in cases of national security

sequester

kept in isolation

establishment clause

Congress cannot say what type of religion we are going to be

free exercise clause

the First Amendment guarantee that prohibits government from unduly interfering with the practice of religion

incorporation

extended Bill of Rights to all levels of government

Fourteenth Amendment

not only defined citizenship, but also laid groundwork for making individual rights national or expanding them; due process clause applies guarantees of Bill of Rights to state & local governments

Gitlow v. New York (1925)

Court held speech could be restricted even if it had only a tendency to lead to illegal action, establishing the bad tendency doctrine

Engel v. Vitale (1962)

Struck down state-sponsored prayer in public schools. Ruled that the Regents' prayer was an unconstitutional violation of the Establishment Clause.

precedent

decisions made on the same issue in earlier cases

clear and present danger test

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents an immediate threat that will lead to illegal acts

Schenck v. United States (1919)

Speech may be punished if it creates a clear and present danger of illegal acts

Bad Tendency Doctrine

Interpretation of the First Amendment that would allow the Congress or state legislatures to prohibit or limit speech or expression that had the tendency to cause or incite illegal activity; need to maintain order more than balances any damages done to basic freedoms

preferred position doctrine

1st amendment freedoms are more fundamental because they provide basis for all liberties

Near v. Minnesota (1931)

Court ruled the Minnesota law unconstitutional b/c it involved prior restraint; free press means freedom from government censorship

New York Times Co. v. United States (1971)

the Pentagon Papers case: Court ruled that stopping publication would be prior restraint - "the press is to serve the governed, not the governors"

DeJonge v. Oregon (1937)

The Court established that the right of association (assembly) was as important as other First Amendment rights and used the due process clause of the Fourteenth Amendment to apply freedom of assembly to the states.

Bill of Rights

guarantees certain freedoms to citizens to help keep government from becoming too powerful

Basis of citizenship

changed by the 14th amendment; if you are born on American soil, you are a citizen

1st Amendment

Protects freedom of religion, speech, press, assembly, petition

1st amendment freedoms

must balance with the public's safety and therefore they are not absolute

limit speech

during wartime, when it creates a "clear and present danger", for students in a school

freedom of assembly

subject to greater restrictions & tends to be more closely monitored than other 1st amendment freedoms because of public safety concerns

5th Amendment

Rights guaranteed to the accused: grand jury, no "double jeopardy," self-incrimination, deprived of life, liberty or property w/o due process of law

6th Amendment

Right to: a speedy and public trial by impartial jury, be informed of charges, confront witnesses, attorney

warrant

most likely needed to make an arrest of a suspect in a crime, a wiretap, the search of a private home

7th Amendment

Right to trial by jury in civil law suits

8th Amendment

No excessive bail, no cruel and unusual punishment

9th Amendment

Rights not listed in the Constitution belong to the people

10th Amendment

Powers not listed in the Constitution reserved to the states

Escobedo v. Illinois

another version of the exclusionary rule; 5th amendment right to remain silent & 6th amendment right to an attorney had been violated

Gideon v. Wainwright

overruled Betts v. Brady; must provide a lawyer in all cases to ensure a fair trial

Katz v. United States

overruled Olmstead decision; 4th amendment protects people and not simply areas against unreasonable searches and seizures; must have warrant

Mapp v. Ohio

extended protection to state courts that any illegally obtained evidence cannot be used in court

Miranda v. Arizona

protects suspects during police interrogations; suspects must be clearly informed of their rights before police question them

Payton v. New York

4th amendment forbids searching a home w/o a warrant, except in a life-threatening emergency

Powell v. Alabama

state must provide a lawyer in cases involving death penalty

Gregg v. Georgia

upheld the death penalty was NOT cruel and unusual punishment