Assignment9 Flashcards
DC v Heller
court case civil liberties
selectively incorp 2nd am
gun rights
civil liberties
personal guarantee and a freedom that the govt cannot abridge by law
rights, freedoms that cannot be taken by law
protection FROM govt
more associated with the Bill of Rights
due process
substantive due process
you have the right not to be arbitrarily dealt with
selective incorporation
rights in the bill of rights apply to the state govts in a selective process
Gitlow v New York
court case civil liberties
1925 gitlow v. new york
free speech rights were being infringed upon by the state of new york
supreme court ruled that the 14th amendment denied states from taking away fundamental rights- in this case, free speech
incorporates the first amendment, but only part of it
there has to be a precedent first, so broad changes can’t be made, it has to be one case at a time
Palko v Connecticut
court case civil liberties
limiting selective incorp
establishment clause
prevents govt from establishing a state religion
Engel v Vitale
civil liberties court case
1962 engel v. vitale
school sponsored prayer was a violation of the first amendment
conservatives refer to this as the case where the nation went off track
Abington School Dist. v Schempp
civil liberties court case
?
“wall of separation”
establishment clause
no state church
Lemon v Kurtzman
civil liberties court case
supreme court case
lemon test
1971- lemon v. kurtzman
a practice or policy is constitutional if
1)it has a legitimate secular purpose
2)neither advances nor inhibits religion
3)does not foster excessive government entanglement with religion
free exercise clause
you have the freedom to practice your religion free from govt interference
Religious Freedom Restoration Act
2000- religious freedom restoration act
allowed peyote use in native american religions and it had to be on the reservation and you have to be native american
prior restraint
1971 new york times v. the united states
pentagon papers- leak of classified information
the government cannot suppress the press before it is published
“clear and present danger”
if your speech has the direct potential to endanger someone, that free speech wouldn’t be covered by the constitution
you can’t yell “fire” in a crowded theater
symbolic speech
speech that doesn’t involve words
art, armbands, etc
New York Times v US
prior restraint, pentagon papers,
you can’t suppress press BEFORE they even release stuff
libel and slander
prohibits people from printing or speaking blatantly false things
we’ve made it so it’s hard to prove
New York Times v Sullivan
civil liberties court case
you can’t
established libel and slander
“fighting words”
limitations to speech
obscenity and pornography
limitations to speech
Miller v California
civil liberties court case
defined obscenity
habeas corpus
keeps the government from holding you indefinitely without showing cause
grand juries
a group of people who look at the evidence against someone who has been accused of a crime in order to decide if there should be a trial
Miranda v Arizona
civil liberties court case
ADD MORE
eminent domain
end of the 5th amendment- just compensation, for public use
govt can take property in the interest of the public
like 10th west
exclusionary rule
if evidence is found in an uncool way, it’s not usable in court
Mapp v Ohio
civil liberties court case
incorporation and exclusionary rule
seized evidence
4th amendment
inevitable discovery rule
exception to the exclusionary rule
if a piece of evidence would have been found inevitably
Gideon v Wainwright
civil liberties court case
1963 right to an attorney
guy in the pool hall was convicted without an attorney
selectively incorporated a right to a lawyer in STATE crimes
death penalty
1972 court case Furman v. Georgia
death penalty is imposed in an arbitrary fashion and by making it arbitrary, it’s by definition cruel
1976 court case Gregg v. Georgia
the way that georgia imposes the death penalty was unconstitutional, so they rewrote things and made it less arbitrary
their law WAS the constitution, so the death penalty was an acceptable form of punishment
Gregg v Georgia
civil liberties court case
the way that georgia imposes the death penalty was unconstitutional, so they rewrote things and made it less arbitrary
their law WAS the constitution, so the death penalty was an acceptable form of punishment
right to privacy
9th amendment/ nonenumerated
1960s birth control
later roe v wade
later patriot act/ NSA
Griswold v Connecticut
1965
couple said their rights were violated
9th amendment
supreme court: 1st amendment plus the 4th amendment and the 9th and the 14th (due process) includes freedom from arbitrary laws (laws with no rational basis) combined
= right to privacy and the right to birth control and access to it because it’s none of the govt’s business
Roe v Wade
1973
the right to abortion is solely based on this right to privacy
broke pregnancy into trimesters
first trimester= pregnancy is private, abortion unrestricted
2nd= some restrictions, mainly for the safety of the mother
3rd= not private anymore, also fetus can survive outside the womb at this point, now it’s technically a human, state interest in the fetus outweighs the woman’s right to abortion
Lawrence v Texas
2003
right to privacy was given to heterosexual couples
texas had laws that stated that homosexual behavior was criminal
sodomy laws
2003 6-3 supreme court decision
strike down texas laws dealing with sodomy
decision based on right to privacy
also equal protection got brought up
civil rights
protection BY govt
thinking of groups that want equal and fair treatment by govt
slavery -> abolition
women also involved
women’s rights -> suffrage
equal protection clause
in the 14th amendment:
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
Jim Crow laws
racist rules in the south during reconstruction
Plessy v Ferguson
civil rights court case
1896 PLESSY V FERGUSON
established the doctrine of separate but equal
not overturned until brown v board of education
Brown v Board of Education
civil rights court case
1954 brown v board of education
gets rid of segregated schools
effectively overturns plessy v ferguson
NAACP, SCLC, SNCC
naacp: whole goal is to get rid of plessy v ferguson SCLC 1960 SNCC marching in places like Birmingham conducting sit-ins and freedom rides showing where law isn’t enforced
Civil Rights Act 1964
1964 civil rights act
outlawed discrimination in public places, accommodations, and employment
Voting Rights Act 1965
1965 voting rights act: eliminated literacy tests/ restrictions
also gave federal government authority to intervene in trouble states
de jure vs de facto segregation
de facto means by fact
in schools everywhere there are lunch tables of segregated groups
de jure means by law
this is ok because legally things are now equal
but it’s very hard to get rid of de facto
NOW & the ERA
national organization for women
betty friedan
ERA equal rights amendment illegal to discriminate based on gender doesn’t pass on states 35/required 38
suspect classifications
no rational reason to discriminate against
based on race and religion
gender is not considered suspect
Equal Pay Act 1963
now it’s legal to ask coworkers how much they make
Title IX
1972 title ix an amendment to the civil rights act specific focus is education athletics there have to be opportunities for both boys and girls sexual harassment or assault schools have to investigate
Americans with Disabilities Act 1990
provided guidelines in terms of education, employment, public accommodations
kind of an unfunded mandate for old buildings
affirmative action
intended to give opportunities to minorities
can also take away opportunities from the majority
under lyndon johnson in the 1960s
because of a history of discrimination, we encourage affirmative action to rectify past wrongs
supposed to be a voluntary thing
some people call it reverse discrimination
University of California v Bakke
admitting medical students with a quota system
10 black, 15 female, etc
strict quotas were ruled as violating the idea of equal protection
