Civil Liberties and Free Speech - Practice Flashcards (Lecture Notes)

Flashcards covering Bill of Rights basics, amendment process, First and Fourteenth Amendments, key free-speech doctrines and cases, and related topics from the lecture notes.

What is the Bill of Rights?

The first 10 amendments to the U.S. Constitution, ratified in 1789, protecting individuals from government overreach.

Through what process is the U.S. Constitution amended?

Two-thirds of the House and Senate must approve, and three-fourths of the states must ratify (38 states).

What five freedoms does the First Amendment protect?

Speech, religion, press, assembly, and petition.

What does the 14th Amendment do in relation to the states?

Prohibits states from denying due process or equal protection and has been used for selective incorporation of liberties to apply Bill of Rights to the states.

Who wrote Aeropagitica and when?

John Milton, 1644.

Who wrote On Liberty and when?

John Stuart Mill, 1859.

What limits free speech according to the notes?

Libel or slander, obscenity, and fighting words, or speech that poses an imminent danger.

What is the 'fighting words' doctrine and which case established it?

Speech likely to provoke a fight or violence; Chaplinsky v. New Hampshire, 1942.

What did Schenck v. United States establish?

The 'clear and present danger' standard allowing limits on speech that would cause imminent harm.

Is burning the U.S. flag protected speech?

Yes—flag burning is protected symbolic speech under the First Amendment (Texas v. Johnson, 1989).

Is there a concept of 'prior restraint' in free speech law, and which case addressed it?

Government action preventing publication before it occurs; New York Times v. United States (1971).

What is the 'actual malice' standard and which case established it?

Public figures must prove actual malice to win a defamation case; New York Times v. Sullivan (1964).

What did Roe v. Wade decide?

Recognized a constitutional right to abortion based on privacy; states may regulate after fetal viability. (Roe v. Wade, 1973)

What is the Lemon test?

Lemon v. Kurtzman (1971) test: government action regarding religion must have a secular purpose, must not advance or inhibit religion, and must avoid excessive entanglement.

What was Masterpiece Cakeshop v. Colorado Civil Rights Commission about?

Whether a public accommodation can refuse service based on religious beliefs; Court ruled against the Commission for failing to maintain religious neutrality.

What is selective incorporation?

The process by which the Supreme Court applies most provisions of the Bill of Rights to state and local governments through the 14th Amendment.

What rights does the 6th Amendment guarantee?

Right to a speedy and public trial, an impartial jury, and counsel.

What is the right to petition?

The right to petition the government for a redress of grievances, included in the First Amendment.

What event highlighted the dangers of misinformation in U.S. politics in 2021?

The January 6, 2021 Capitol riot, tied to misinformation.

What does the 14th Amendment's due process clause say?

No state shall deprive any person of life, liberty, or property without due process of law.

What is a 'penumbra' right, as used in Roe v. Wade?

A right inferred from other rights; privacy is derived from other amendments and supports abortion rights.

What is the difference between libel and slander?

Libel is written defamation; slander is spoken defamation.

Name two landmark First Amendment cases about speech limits and their standards.

Chaplinsky v. New Hampshire (fighting words limits); Schenck v. U.S. (clear and present danger).

What is the Establishment Clause meant to prevent?

The government from establishing an official religion or endorsing religion in public life.