What are your 1st amendment freedoms?
religion, speech, press, assembly
What was Gitlow v. New York?
Speech and press apply to states via the 14th amendment
What rights are associated with freedom of speech?
Right to speak freely and right of others to hear you say it
What is freedom of religion and what does congress do in terms of laws regarding freedom of religion?
you can exercise whatever religion you want (free exercise clause) and Congress shall make not law establishing a religion for the US, and US cannot finance religion (establishment clause)
Why are governments formed?
To prevent chaos, keep order, prevent anarchy
What is the current law on speech?
You can say anything as long as it does not fall into" libel, obscenity, fight words, cruel commercial speech
What are the unlawful categories of speech?
Libel, obscenity, fight words, cruel commercial speech
What are the old tests for determining unlawful tests? (3)
bad tendency, clear and present danger, preferred position
What is libel?
written or published defamation of character- false statements against another
What does a public official need for libel to stick?
statements made must have actual malice behind them
How does a public official defend himself from a libel charge?
----
What has to be proven to make a libel case?
actual malice or that the statements were false and negligently published
What is seditious libel?
advocating the overthrow of the government in writing
Describe seditious libel today.
if it is a group of people saying it, it will be looked into. if it's one person, not necessarily
Describe seditious libel in the old days.
in the old days, people could be put in prison for a very long time
What is miller v. california?
defines obscenity as antyhing that is sexually offensive or lacks intrinsic value in arts, sciences, literature, or politics etc.
What is freedom of the press?
freedom of media to communicate massively with the people to keep them informed; protected under bill of rights, paparazzi guaranteed by constitution
What is the law on news reporters who want to keep their sources secret?
In a normal situation, professional ethics allows for keeping sources secret. If it is a matter of national security, reporters must identify their sources. The supreme court has never ruled to allow a reporter to keep sources secret
Why do we let known hate groups march across our nation's streets?
Freedom to assemble gives right to assemble but not in every place, time, and manner; must have marching permit
What is naturalization?
legal act granting citizenship
What are the congressional requirements for becoming a naturalized citizen>
non-enemy, 18+age, lawfully admitted to US, residence in US for 5 years, live in state for 6 months, no felony, speak english
What is denouncing your citizenship called?
expatriation
What are your rights as a US citizen?
(guaranteed by 14th amendment) can't be deported, right to live and travel in this country and not be deported, right to travel abroad, run for elective office
What are the rights a naturalized citizen/immigrant is entitled to?
entitled to all constitutional rights: can't be deported, right to live and travel in this country and not be deported, right to travel abroad except running for office
What rights do naturalized citizens not have?
right to run for elective office, federal aid such as food stamps and workers comp, unemployment
Where do most illegal immigrants come from?
Mexico, Central and South America
Are naturalized immigrants entitled to federal assistance?
No
What are the rules on legal or illegal immigrants with regards to taxes and the census?
Immigrants must pay taxes and be counted in census regardless of status
How do immigrants impact on taxation and census?
They pay the most taxes
What is eminent domain?
power of a government to take private property for public use but compensation must be provided for property taken
What is due process?
established rules and regulations that restrain government officials; right to trial by jury, right to address accuser and by adjudicated, in 14th amendment- governments cannot deprive person of life, liberty, propoerty w/o due process of law
What is habeas corpus?
exception when fed reviews state court decisions- lawyer requests case be heard in which the defendant has been incarcerated in unconstitutional right
What is ex post facto?
law that makes a certain act a crime that was not a crime when it was committed
What is griswold v connecticut?
establishes right to privacy (not expressly stated in constitution) right to be free from governmental surveillance and intrusion, right not to have government make private affairs public, right to be free in thought and belief of governmental regulations
What case establishes your right to privacy?
griswold v. connecticut
What is unreasonable search and seizure?
anything on your person, in your house, car, or any other posession
What is your right against unreasonable search and seizure?
cops cannot search until they have a warrant which makes search legal
What are warrantless search and seizures?
stop and frisk- probable cause is given and you fit the description
plain view- cop sees something when he pulls you over
exigent circumstances- crazy stuff happening
auto-car jacking
national security
What is Mapp v. Ohio?
if you obtain evidence illegally it is not admissible to court
What is racial profiling?
picking people out based on race or stereotype
What are the laws/rules on racial profiling?
it is illegal/unconstitutional
What is your right to remain silent?
5th amendment right against self incrimination and guard against forced confession
(applies only to criminal cases not civil)
What is immunity from prosecution?
used to get members of organized crime- exchange of your testimony as evidence for your immunity- different from pleaing out
What is Miranda v. Arizona?
forces police officers to make people away of their right to remain silent
What is the function of the grand jury?
determines sufficiency of evidence and hands down indictment
What is the function of the jury?
determines guilt or innocence
What is the 8th amendment?
prohibits government from cruel and unusual punishment or excessive bail or fines
What is the Declaration of Independence?
document that declares independence
What is a fair jury?
jury that represents all cross sections of the community
When did Washington cross the Delaware?
December 25, 1776
What is the most recent election where the candidate won the popular vote but lost the electoral college?
2000 presidential election gore v bush
What do liberals stand for?
belief that government can and should achieve justice and equality of opportunity; the role of the government is to provide justice and equality (housing, healthcare, education)
What do conservatists stand for?
a belief that limited government ensures order, competitive markets, and personal opportunity; the role of the government must be limited and government should provide law & order and competitive market- people should pay for education, housing and health