civil liberties
constitutional and other legal protections against government actions.
What was the most important difference between the Supreme Court's decision in Barron v. Baltimore and the one in Gitlow v. New York?
The most important difference between these two cases, was that in the first case the court ruled that if a state or a city violates a right protected by the federal Bill of Rights, then there is no penalty and nothing happens because it only applies to t
Explain the importance of the Fourteenth Amendment.
It is important because it protects the people from the state, so that their rights are not violated by it.
What is the incorporation doctrine?
The Supreme court nationalizing the Bill of Rights by applying most of its provisions to the states through the Fourteenth Amendment.
List four Supreme Court cases concerning the establishment clause and comment on the significance of each.
Lemon v. Kurtzman concern the establishment clause and it is important because it establishes that the government can give aid to churches cannot bind themselves to the church in anyway and they cannot be involved in an effect that will allow the church t
Define the term "prior restraint.
Prior restraint is when government actions prevent material from being published.
List and explain the significance of three Supreme Court cases concerning free speech and public order.
Near v. Minnesota concerned free speech and public order because in this case it was established that anybody is free to public what they want and the government cannot prohibit them from doing otherwise. It also claimed that a news editor could be accuse
What is a shield law?
It is a law that protects witnesses (individuals) from revealing certain information, especially in court.
How did the Supreme Court define obscenity in the case of Miller v. California?
The Supreme Court case defined obscenity if it mentioned anything concerning sex or if it lacked literary, artistic, political, or scientific value.
How are the standards for winning libel lawsuits different for public figures and private individuals?
Libel lawsuits for public figures and private individuals is very different. It is much more difficult to win a public figure because it is difficult for them to prove that a publication was intentionally malicious. On the other hand, private individuals
Define the term "symbolic speech.
Symbolic speech are actions that do not consist of speaking or writing, but still express an opinion
Who regulates commercial speech?
The Federal Trade Commission (FTC) regulates commercial speech by deciding what types of goods may be advertised on radio and television and regulates the content of the advertising.
What is the function of the Federal Communications Commission (FCC)?
They regulate the content, nature, and existence of radios and television.
Explain the two facets of the freedom of assembly.
Right to Assemble- it gives the right for people to form groups to protest, parade, or picket. However, they have to obtain a permit from a local city government before hand, with a time and location of where they will have this assembly. Also they cannot
Explain the Supreme Court ruling in NAACP v. Alabama (1958).
The Supreme Court ruled that it was unconstitutional for the state of Alabama to turnover its membership list since it was placing a restriction on freedom of association.
Explain the Supreme Court ruling in District of Columbia v. Heller (2008).
The Supreme Court ruled that an individual has the right to bear an arm within his home as long as it is used lawfully such as self-defense
How are the following terms interrelated: probable cause, unreasonable search and seizure, search warrant, and exclusionary rule?
All of these are interrelated because the probable cause establishes that someone cannot be arrested unless there reasons to believe that someone is guilty. If someone is believed to be a criminal and evidence is needed to prove that they are guilty, then
What are the three guidelines for police questioning of suspects as set forth in Miranda v. Arizona (1966)?
The suspect may remain silent when question if they choose to.
What a suspect says may be used against them in court
The suspect has a right to have a lawyer while questioned and if they cannot afford one, then the court is to provide one for them
What is the significance of the Supreme Court case of Gideon v. Wainwright (1963)?
The significance of the Supreme Court case of Gideon v. Wainwright is that it claimed that everyone had the right to an attorney even if they did not have the financial background to one.
What are the pros and cons of plea bargaining?
The pros of this are that it saves the state the time and money that would be spend in a trial. The cons to this is that criminals now spend less time in prison for something that they committed.
List and explain the importance of three Supreme Court cases concerning the death penalty.
Furman v. Georgia it overturned Georgia's death penalty law, which prompted 35 states to pass new death penalty laws
Woodson v. North Carolina ruled against such mandatory death penalties
Gregg v. Georgia he death penalty is only to be used in the most ex
Explain how the Constitution implies a right to privacy.
The Constitution implies a right to privacy through the ten amendments. By establishing these amendments then the people that drafted the Constitution were trying to protect this right by these particular rights.
List and explain the importance of four Supreme Court cases concerning abortion.
Griswold v. Connecticut- it put in play the right to privacy including a right to family planning.
Roe v. Wade- it forbade any state control of abortions during the first trimester and during the second trimester, it allowed states to regulate abortion pr
Brandenburg v. Ohio
Brandenburg makes a speech at a KKK rally and Ohio's law did not allow this because it was seen as something that could advocate violence. The court agrees that someone can be denied there 1st amendment right if produces lawless action.
D.C. v. Heller
The ban on registering handguns and the requirement to keep guns in the home disassembled or nonfunctional with a trigger lock mechanism violate the Second Amendment.
McDonald v. Chicago
The Supreme Court reversed the Seventh Circuit, holding that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states.