Chapter 13 Final Constitutional Freedoms

human rights

fundamental freedoms

bill of rights

The first ten amendments to the Constitution that protects citizens from congressional actions and state and local governments; guarantee that government cannot abuse the rights of individuals

fourteenth amendment

1. defined citizenship (a person born or naturalized in the US is a citizen of the nation) 2. laid the groundwork for individual rights national

Incoproration

the process that extended the protections of the Bill of Rights against state and local governments

1st amendment

Freedom of religion, speech, press, assembly, and petition.

2nd Amendment

Right to keep and bear arms in order to maintain a well regulated militia.

3rd Amendment

No quartering of soldiers

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

6th Amendment

Right to a fair and speedy trial

7th Amendment

Right to trial by jury

8th Amendment

No cruel or unusual punishment

9th Amendment

Citizens entitled to rights not listed in the Constitution

10th Amendment

Powers not given to federal government go to people and States

establishment clause

the first clause of the amendment that states "Congress shall make no law respecting an establishment of religion"

free exercise clause

the second clause that prohibits government from unduly interfering with the free exercise of religion.

parochial schools

schools operated by a church or religious group

secular

nonreligious

Board of Education v. Allen

Court rule that state programs provide secular textbooks to parochial schools

What are the three parts to to the lemon test for state to aid church schools?

1. a clear secular, nonreligious purpose

2. its main effect neither advance nor inhibit religion

3. avoid "excessive government entanglement with religion"

Mueller v. Allen

Court rule allows parents to deduct tuition, textbooks, transport from their state income tax

Mitchell v. Helms

Court rule that taxpayer funds could be used to provide religious schools with equipment

Equal Access Act

1984 act that allows public high schools receiving federal funds to permit student religious groups to hold meetings in the school

abridged

limited

precedent

a model on which to base later decisions or actions

pure speech

the verbal expression of thought and opinion before an audience that has chosen to listen

symbolic speech

expressive conduct (AKA) involves th euse of actions and symbols instead of words to express opinions

What three things allow a government to regulate symbolic speech?

1. falls within the constitutional power of government

2. drawn to further a substantial government interest unrelated to the suppression of free speech

3. leaves ample alternative communication outlets

Texas v. Johnson

flag burning was protected symbolic speech

seditious speech

speech urging resistance to lawful authority or advocating the overthrow of the government

What are the three tests to examine free speech cases?

1. "Clear and present danger" rule

2. the bad tendency doctrine

3. preferred position doctrine

Clear and present danger rule

when the speech in question clearly prseents an immediate danger, the first amendment does not protect it

bad tendency doctrine

a tendency to lead to illegal action

preferred position doctrine

this holds that the first amendment freedoms are more fundamental than other freedoms because they provide the basis of all liberties

defamatory speech

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

slander

spoken defamation

libel

written defamation

"fighting words"

insulting words that provoke immediate violence which don't constitute protected speech

prior restraint

censorship of information before it is published

New York Times Co. v. United States

If the government wishes to censor information before it is printed or published, it must be proven in court that the information will endanger national security.

the court decided that even if a newspaper story about an Alabama police commissioner was false, it was protected speech unless the statement was made with the knowledge that it was false

Near v. Minnesota

the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint.

Sheppard v. Maxwell

Sheppard was jailed for murdering his wife, but the ruling was overturned after the supreme court decided he did not have his right to a fair trial due to the immense publicity. Led to establishment of Restrictive Orders.

Measures judges take to restrain coverage of a trial

1. move the trial to reduce pretrial publicity

2. limit the number of reporters in the courtroom

3. control reporters' conduct in the courtroom

isolate witnesses and jurors from the press

5. have the jury sequestered until trial ends

sequestered

isolated

gag order

an order by a judge barring the press from publishing certain types of information about a pending court case

shield laws

a law that gives reporters some means of protection against being forced to disclose confidential information or sources in state courts

Federal Communications Commission (FCC)

Government agency that regulates radio, television, and cable in the US and US territories

Turner Broadcasting System, Inc. v. FCC

court case that ruled cable operatores not entitled to max. 1st amendment protections because only one cable company is operating a community

Bustyn v. WIlson

movies are treated different than books or newspapers because it is guaranteed by 1st and 14th amendment

Reno v. American Civil LIberties Union

court rule that speech on Internet was closer to print media so it deserves the same level of 1st Amendment protection.

Miller v. California

local communities should set their own standards for obscenity

Bigelow v. Virginia

court voided laws ban advertising medical prescription prices, legal services, and medical services.

picketing

patrolling an establishment to convince workers and the public not to enter it

heckler's veto

public veto of free speech and assembly rights of unpopular groups by claiming demonstrations will result in violence

examples of protection/limitation on public property

(P) people can parade or demonstrate in public on parks, streets, and sidewalks

(L) permits are required

examples of protection/limitation on public property not open to the public

(P) restrictions are precisely worded and equal to all in jail, school, and courthouses

(L) demonstrations mustn't interfere with the use of the building

examples of protection/limitation of private property

(p) Demonstrations may be held in outside a facility

(l)demonstrations cannot convert private property into their own use (abortion clinic, mall)

How much should authorities protect demonstrations of unpopular groups?

Courts rule that police may interfere with free assembly to prevent public disorders like riots

How much protection does the Constitution give striking workers?

court ruled that peaceful picketing was protected free speech but still placed limits

Does the 1st Amendment protect the right to join an organization subversive to the government?

Court ruled the freedom of assembly and association but not if there are preparations to overthrow the government

Bethel School District v. Fraser

Obscene or vulgar student speech is not protected under the first amendment

Chaplisnky v. New Hampshire

lewd, obscence, profane, insulting words are not protected under 1st amendment because it disrupts good order in society

Brandenburg v. Ohio

extended freedom of speech to new limits. Threats of a KKK leader were deemed ok b/c of a failure to prove a real danger from them. Declared that speech is protected unless proven that actions directly incited the action

Gitlow v. New York

freedoms of press and speech are rights protected by the 14th amendment no state government could deny a person (incorporation)

What freedoms are essential to liberty?

speech, press, religion, assembly, petition

protections of due processs of Bill of rights

unreasonable search and seiure, right to a lawyer, curel and unusual punishments

nationalization

citizens who believe that a state or local authority has denied them their basic rights may take their case to a federal court

Smith Act

a sedition law that made it a crime to advocate revolution