Untitled Flashcards Set

Compelling Interest Test

A test to determine if the government can regulate constitutional rights with a 'paramount' or 'substantial' interest that cannot be achieved through less restrictive means.

Justifications for Protecting Expression

1. Aids in discovering truth through competition in the marketplace of ideas. 2. Maintains democracy by allowing critique of government. 3. Promotes self-fulfillment by allowing the development of beliefs without censorship.

Incorporation

The process of nationalizing the Bill of Rights through the Fourteenth Amendment, applied case-by-case.

Judicial Review

The Court's ability to overturn laws or decisions made by Congress or state legislatures; established in Marbury v. Madison.

Valid Secular Policy Test

A test used for laws of nonreligious nature, not to determine legitimate religious purposes.

Espionage Act of 1917 and Sedition Act of 1918

Laws addressing the government's ability to prevent speech that incites lawless activity or advocates for government overthrow.

Selective Incorporation

The process by which the Court applies Bill of Rights provisions to the states, initiated in Twining v. New Jersey.

Stare Decisis

The doctrine that the Court should honor and uphold past decisions.

Accommodationist vs. Separatist

Separatists advocate strict church-state separation; Accommodationists allow for intermingling between religion and politics.

Imminent Lawless Action Test

Test from Brandenburg v. Ohio (1969) that prohibits speech inciting immediate lawless action.

Textualism vs. Originalism

Textualism focuses on the literal text of the Constitution; Originalism seeks to understand the Framers' intent in 1789.

Sherbert Test vs. Smith Test

Sherbert requires compelling interest and least restrictive means; Smith says valid law does not need to relieve individuals from compliance.

Four Liberties of Free Expression

Speech, Press, Petition, Assembly.

Freedom of Speech Incorporation

Incorporated into the Due Process Clause of the Fourteenth Amendment in 1925, via Gitlow v. New York.

Preferred Freedoms Doctrine

Changes the burden of proof in cases involving Bill of Rights, especially for political process rights or marginalized groups.

Three Elements of the Lemon Test

1. Must have a secular legislative purpose. 2. Principal effect must neither advance nor inhibit religion. 3. Must not foster excessive government entanglement with religion.

Unprotected Speech Types

Libel, slander, obscenity, and true threats.

Civil War Amendments Purpose

End slavery, ensure equality for freed black people, and enfranchise black men.

U.S. Constitution Amendment Methods

1. 2/3 Congress proposal, 3/4 state ratification. 2. 2/3 Congress proposal, 3/4 ratifying convention. 3. Constitutional Convention by 2/3 states, 3/4 state ratification. 4. Constitutional Convention by 2/3 states, 3/4 in ratifying convention.

Belief-Action Dichotomy

Government cannot interfere with religious beliefs, but can regulate actions violating laws (e.g., child sacrifice).