+
Related Flashcards
Related Topics
Cards In This Set
| Front | Back |
|
Freedoms guaranteed to an individual. The guarantee take the form of restraints on government.
|
Civil liberties
|
|
“negative rights”
|
Civil liberties
|
|
Powers or privileges that are guaranteed to the individual and
protected against arbitrary removal at the hands of government or other
individuals.
|
Civil rights
|
|
“positive rights”
|
Civil rights
|
|
The first clause in the first amendment, prohibits laws establishing religion.
|
Establishment clause
|
|
second clause in 1st amendment
prevents government from interfering with the exercise of religion.
|
Free-exercise clause
|
|
Three prong test used in Lemon v. Kurtzman
|
-must have secular purpose
-their
primary effect must not be to advance or inhibit religion
-they must not entangle the government excessively with religion |
|
A standard used by supreme court in deciding whether
a law or policy is to be adjudged constitutional. To pass,
the law or policy must be justified by a “compelling governmental interest, ” must be narrowly tailored, must be the less restrictive means for achieving that interest. |
strict scrutiny
|
|
censorship before publication
|
Prior restraint
|
|
Two approaches used by supreme court to deal
with cases involving the free expression cause of the first amendment
|
government can
regulate or punish the advocacy of ideas, but only if it proves intent
to promote lawless action and
demonstrate high probability the action will occur.
Government may impose reasonable restrictions on the means of communicating ideas (example people have the right to protest but not if their physical presence would block the entrance to an occupied public building). |
|
supreme court distinguishes between speech as
the advocacy of ideas which is protected and speech as incitement which is not
protected
|
Clear and present danger test
|
|
Major exceptions to freedom of speech
|
-symbolic expression
-fighting words and threatening expressions |
|
written defamation of character
|
Libel
|
|
Purpose behind right to bear arms
|
amendment based on the view that armed citizens provided a
safeguard against tyranny.
|
|
IDEA THAT each person is guarunteed the same chance to succeed in life
|
Equality of oppurtunity
|
