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Chapter 5
The Bill of Rights and Civil Liberties
46
Social Studies
12th Grade
10/09/2011

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Term
(5.1)
Espionage Act
(What is it?)
Definition
It is against the law to talk badly about the war.
Term
(5.1)
Charles Schenck
(6 items)
Definition
1.Socialist Party
2.Thought the draft was stupid
3.Unconstitutional a person should not be forced to join the army...
4.Wrote and passed out papers that said that the draft was "involuntary servitude" (slave labor)
5.Arrested because of the Espionage Act
6.Guilty--(free speech?)-- rights of one vs. the needs of many
Term
5.1)
1917
(What was happening--3 things)
Definition
1.U. S. wanted to get an army ready to fight in WWI
2.Began the draft-- men were ordered to join the army...
3.Espionage Act-- wanted lower people's anger
Term
(5.1)
Wendell Holmes Jr.
(What did he say about the Schenck case?)
Definition
Schneck's papers made "a clear and present danger". Free speech must be weighed--indivudual (1) vs. the best interest of many. Public (many) safety is more important than a person's individual (1) rights
Term
(5.1)
Bill of Rights
(What is it?)
(What did it do?)
Definition
1.The first 10 amendments (changes to the constitution)
2.Guaranteed civil liberties and civil rights
Term
(5.2)
Civil (people) Liberties (freedom)
(Definition)
Definition
Freedoms that you have just because you are a person. --> Natural Rights, Unalienable Rights
Term
(5.2)
Example of civil liberties (7)
Definition
life, liberty, pursuit of happiness, speech, religion, assembly (gather as a group, freedom from unreasonable search and seizure (taking things away)
Term
(5.2)
Civil Rights
(What are they?)
Definition
The rights you have because you are an American --> How you are treated by law--equal rights as others and fair treatment
Term
(5.2)
Examples of civil rights (5)
Definition
Right to a trial, right to trial by jury, right to have a lawyer, right to vote, the right to make a complaint to the government without being punished
Term
(5.2)
Malbury vs Madison
(What did this case do?)
Definition
Allows for the Surpreme Court decide how the Bill of Rights will be followed (Enforcement)
Term
(5.2)
Barron vs. Baltimore
(What did this case do?)
Definition
Says that--Bill of rights only concerns things that deal with the federal (the U.S. not state) government
Term
(5.2)
Plessy vs. Ferguson
(What did it say?)
Definition
Segregation (separation) -- it is okay separate if services were equal.
Term
(5.2)
Abrams vs. U.S.
(What was this about?) (Who won?)
Definition
1.Russian-born
2.Papers the criticized U.S. actions against Russia's new government.
3.Guilty-- not freedom of speech--"clear and present danger. (U.S. won--this is not freedom of speech)
Term
(5.2)
What did Justice Oliver Wendell Holmes Jr. say about Freedom of Speech and "clear and Present danger)
Definition
1. Should be used only when public safety was at risk.
2. Only in an emergency
3.No laws taking away a person's freedom of speech.
Term
(5.2)
Gitlow vs. New York
(What was this about?)(Who won?)
Definition
1.Paper telling people to create a socialist government (property and money are in the control of the government)
2.Guilty--"dangerous speech" in the state of New York
3.Went to the Supreme Court
4.New York said not a federal government matter
5.Gitlow --14 Amendment (States cannot change the rights the people).--New York cannot decide
6.Supreme Court said New York still wins
Term
(5.2)
Incorporation
Definition
The Supreme Court uses parts of the Bill of Rights to make decisions vs. States. Here they used the Due Process Clause from the 14th amendment (Stops state from taking away a person's right to life, liberty, or property without being fair).
Term
(5.2)
Brown vs. Board of Education
Definition
* "separate educational facilities are inherently unequal"--Some schools are better than others in what they have and how successful their students are.
Term
(5.3)
First Amendment--First Right
Definition
Freedom of Religion
Term
(5.3)
First Amendment--Establishment clause
Definition
Separation of church and state--the government cannot tax religion. They cannot show favoritism or punish a specific religion(s). Supported by Thomas Jefferson
Term
(5.3)
Engel vs. Vital (New York 1962)
Definition
Public schools should not start the day with a prayer--Judge Hugo Black
Term
(5.3)
Lemon vs. Kurtzman (1972)
Definition
Cannot use taxes to help pay for private religious schools.
Term
(5.3)
First Amendment--Free Exercise Clause
Definition
All people are free to follow whatever religion they want.
Term
(5.3)
Reynolds vs. United States
Definition
Religions cannot break the law. In this case having more than one wife is against the law.
Term
(5.3)Minerville School District vs. Gobitis (1940)
Definition
Students must say the pledge--Jehovah Witnesses children refused.
Term
(5.3)
(1943)West Virginia Stat Board of Education vs. Barnette
Definition
Students do not have to say the pledge
Term
(5.3)
First Amendment--Second Right
Definition
Freedom of Speech
Term
(5.3)
Cases of no "Freedom of Speech"
Definition
Libel, Slander, Obscenity, safety and rights of others
Term
(5.3)
libel
Definition
Writing or drawing something that is not true about another person(s) that tries to hurt that person.
Term
(5.3)
slander
Definition
Saying something tyhat is not true about another person that tries to hurt that person.
Term
(5.3)
slander
Definition
Saying something tyhat is not true about another person that tries to hurt that person.
Term
(5.3)
Obscenity
Definition
Using inappropriate language.
Term
(5.3)
Brandenburg vs. Ohio
Definition
Ku Klux Klan leader gave a speech telling people to do illegal things--Brandenburg won because people would not do what he said.
Term
(5.3)
Symbolic Speech
Definition
A behavior tha is inappropriate--flag burning
Term
(5.3)
Texas vs. Gregory Lee Johnson
Definition
Flag burning Johnson arrested--against state law--Johnson wins--behavior was his opinion about the government
Term
(5.3)
(1996) Communications Decency Act--regarding pornography
Definition
Tried to control pornography on the internet.
Term
(5.3)
(1997) Reno vs. American Civil Liberties Union
Definition
Connumications Decency Act = Law was not clear enough and might limit freedom of speech on the internet.
Term
(5.3)
First Amendment--Third Right
Definition
Freedom of the Press
Term
(5.3)
Freedom of the Press
Definition
Includes all types of written papers.
Term
(5.3)
Near vs. Minnesota (1931)
Definition
Minnesota wante to stop a newpaper from printing illegal activities by people in state government--Near won--if information was false then could sue.
Term
(5.3)
Prior restraint
Definition
Government tries to stop the news because the information could hurt the nation.
Term
(5.3)
Limits to Freedom of the Press
Definition
Protecting the safety of the nation
Term
(5.3)
New York Times vs. United States
Definition
Daniel Ellsberg told bad secrets about Vietnam War (Pentagon Papers) -- U.S. wanted the information to stop
Times won--information would not hurt the nation.
Term
(5.3)
First Amendment--Fourth Right
Definition
the right of the people to get together in a peaceful way to complain or to have the government solve a problem.
Term
(5.3)
Assemble in a peaceful way.
Definition
May need a permit
May need to follow rules--fair and equal for all, limit to "neutral" matters (time, place...)
Term
(5.3)
(1937) Hugue vs CIO
Definition
Hague did not like labor unions and refused to give CIO permit--CIO wins
Term
(5.3)
(1963) NAACP vs. Button--The State of Virginia
Definition
Civil Rights Movement--NCAAP said go to court over discrimination. Button said NCAAP was just trying to make money. NAACP won--helping people to get lawful rights
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