Name: Brooke Blakelock Date: 1/7/23
Unit: 2 Chapter: 4 Pages: 56-75
Learning Objective: Write Answers / Notes / Definitions / Examples
in Question Form
(4.1) The Courts and Civil Liberties: Rights– chiefly, rights to be free of government
Conflicts over Civil Liberties interference– accorded to an individual by the Constitution: free speech,
press, and so on.
Rights in Conflict: competition over civil liberties becomes obvious when
one person asserts on constitutional right and another person asserts a
different one.
Immigration: had brought a flood of new settlers all from different
backgrounds
Applying the Bill of Rights to the States> due process of law: Denies the
government the right without due process to deprive people of life, liberty,
and property
Equal protection of the laws: A standard of equal treatment that must be
observed by the government
(4.2) The First Amendment Freedom of expression: right of people to speak, publish, and assemble
and Freedom of Expression Freedom of religion: People shall be free to exercise their religion, and
government may not establish a religion
Prior restraint: censorship of a publication
Clear-and present- danger test: law should not punish speech unless there
was a clear and present danger of producing harmful actions.
Libel: Writing that falsely injures another person
Symbolic speech: An act that conveys a political message
(4.3) The First Amendment Free-excercise clause> states that Congress shall make no law prohibiting
and Freedom of Religion the “free exercise” of religion
Establishment clause> First Amendment ban on laws “respecting an
establishment of religion.”
“Wall of separation:” Court ruling that government cannot be involved with
religion.
Church vs. State> The American government cannot pay for or endorse any
, church. By contrast, the national governments in the United Kingdom,
Greece, Norway, Germany, and Sweden can.
What should be the standard when conducting a search?
(4.4) Crime and Due Process Exclusionary rule> Improperly gathered evidence may not be introduced in
a criminal trial.
Search warrants> a judge’s order authorizing a search
Probable cause: Reasonable cause for issuing a search warrant or making an
arrest; more than mere suspicion.
*Officers who have probable cause to search a car can also search the things
passengers are carrying in the car, and if the car is stopped for a traffic
infraction, the car can be searched if the office develops a “reasonable,
articulable, suspicion.”
Good faith exception: an error in gathering evidence sufficiently minor that
it may be used in trial
Public safety: The police can question an un-Mirandized suspect if there is
an urgent concern for public safety
Inevitable democracy: the police can use evidence if inevitably it would
have been discovered
Powers to investigate terrorists> telephone/internet taps, voice mail, grand
jury information, immigration, money laundering, crime