Civil Liberties Flashcards
Civil Liberties
protections from government abuse of power
Civil Rights
protections from discrimination
Selective Incorporation
applying bill of rights to the states on a CASE-BY-CASE basis through the 14th Amendment
First Amendment Rights
rights may be limited in interest of the greater public good
Freedom of Speech
Freedom of the Press
Freedom of Petition
Freedom of assembly
Freedom of Religion
Freedom of Speech
- Amendment 1
- congress may not pass a law that prevents citizens from expressing their opinions
- Clear and Present Danger Test - no constitutional protection against acts that make people panic for no reason
- Doesn’t protect obscenity
Schneck v. US
Schneck was arrested for handing out leaflets telling men not to enlist. SC ruled the conviction was constitutional since it posed a clear and present danger, which is not protected by the first amendment
Tinker v. Des Moines
Tinker siblings wore black armbands to school as a method of protest against the Vietnam War but were then suspended. Si[reme Court rules that children in public schools were protected by A1 as long as it didn’t violate constitution. If the actions didn’t cause substantial disruption, it was constitutional
Where can rights be diminished
in places like schools or airports
Freedom of the Press
- A1
- ability to freely speak out in the press
- prior restraint: government crossing out sections of article before publication. is controversial
- 3 part obscenity test: would the average person judge the work as appealing primarily to peoples sexual instincts, does the work lack other value, does the work depict sexual behavior in an offensive manner.
New York Times v. US
They leaked Pentagon Papers secret report on the country’s role in Vietnam. Supreme Court rules that the newspaper could public the paper as the government had not met the proof necessary to use prior restraint. established heavy presumption against prior restraint.
Freedom of Assembly
- A1
- right of people to assemble peacefully
- doesn’t extent to violence
- government may place reasonable restrictions equally such as not marching on a highway (which can disrupt day to day life)
Letter from a Birmingham Jail
- concerns freedom of assembly
- MLK arrested after organizing marches to protect racial segregation
- wrote letter to black religious leader
- outline his key ideas regarding the importance of nonviolent resistance through peaceful assembly
Freedom of Religion
- A1
- free exercise of religion: the government may not prevent individuals from practicing their faiths
- not absolute (human sacrifice not allowed)
- Establishment Clause
Establishment Clause
prevents government from creating a state religion
can be determined through Lemon test:
Does it have secular (not religious) purpose
Does it neither promote nor discourage religion
Does it avoid excessive entanglement of government and religion
Engle v. Vitale
Jewish families brought suit on their children whose school district imposed prayer in classroom. argued it violate establishment clause. SC ruled that school sponsored prayer violated the A1 establishment clause
Wisconsin v. Yoder
Amish families were fined for taking their children out of school in 8th grade. Amish religion discouraged higher education. SC ruled Amish families taking their children out of school was constitutional through the free exercise clause
Free exercise clause
ability to freely practice religion. A1
Second Amendment
protects citizens rights to keep and bear arms and serve in well regulated militias
McDonald v. Chicago
McDonald wasn’t able to purchase gun for self-defense due to city’s restrictions. Argued it violated 14th A due process clause since he hadn’t even committed a crime. Supreme Court used 14A to incorporate the 2nd Amendment to the states. Held that states don’t have the power to impede citizen’s rights to keep and bear arms
US v. Lopez
Lopez was arrested for taking a gun to school, violating the Gun Free School Zones act. Argued that the act violate the constitution as the federal government didn’t have the power to regulate public schools. Gov argued that they had the rights through the commerce clause. SC strikes down the act since carrying the gun didn’t qualify as commerce
Commerce Clause
gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nation.
Third Amendment
forbids the quartering the soldiers and the direct public support of armed forces
Fourth Amendment
places restriction on government agencies regarding criminal or civil procedural investigations against unreasonable search and seizure. A warrant is needed for a search and can only be issued with probable cause. The search warrant is limited to where the police may search and what can be used as evidence.
Exclusionary Rule (and its exceptions)
evidence found by police disregarding the limits of the warrant cannot be used as evidence in a trial.
Exceptions:
Objective Good Faith - allows for conviction in which search wasn’t legal but was conducted under assumption that it was legal
Inevitable Discovery Rule - illegally sized evidence that would have eventually been found legally is admissible in court.
Exigent Circumstances - reason to believe evidence would disappear before a warrant is received
The Fifth Amendment
protects individual from broad powers of the government.
- Guarantee of grand jury when held or a capital (worthy of death penalty) or other felony
- Prohibits being held for the same crime twice (double jeopardy)
- right of the government to seize property for public use only if the seizure can be justly compensated
- life, liberty, or property cannot be seized without due process of the law (the rights your’e owed when government takes your natural rights)
- Hearing needed to ermine if enough evidence for trial
Gideon v. Wainwright
Gideon accused of breaking and entering, property destruction, and theft. The judge didn’t appoint him of an attorney due to Florida law. Gideon argued it violated 6A right to attorney. SC ruled florida violated his right an attorney through incorporating the 6A.
Protection from Self- Incrimination
defendant cannot be forced to testify, jury is not supposed to infer guilt when the defendant doesn’t testify. Defendant must be notified of MIRANDA rights (right to remain silent)
Sixth Amendment
- crime to be prosecuted by an impartial jury
- right to be informed of their charges and evidence against them
- right to a speedy trial
- right to know who the accusers are
- right to be tried in the district where the crime was committed
- right to lawyer/attorney if they cannot get one themselves
formed the basis of habeas corpus (protects against unlawful imprisonment and a person cannot be held indefinable without being formally charged)
Seventh Amendment
allows for trial by jury in common law cases
Eighth Amendment
- excessive bail is not required
- excessive fines not required
- no cruel and unusual punishment
Cruel And Unusual Punishment Clause
limits when death penalty can be used (children)`
Ninth Amendment
reaffirms principles of a limited federal government. rights not specifically mentioned in the Contribution are still protected (brushing your hair). implied right to privacy
Implied Right to Privacy
not listed in constitution but through A 1, 3, 4, 5, 9, and 14 guarantees this.
Roe v. Wade
mother tried to have abortion but Texas forbade it except in cases of incest/rape. Court rules abortion was protected under implied right to privacy
Civil War (1861-1865)
began due to issue of slavery
13th Amendment
made slavery illegal
15th Amendment
banned laws that prevented blacks from voting based on their race
Civil Rights Act of 1875
banned discrimination in public places
Jim Crow Laws
segregationist laws
Equal Pay Act of 1963
made it illegal to base pay on race, gender origin, etc
Civil Rights Act of 1964
increased right of minorities, gave federal government better means of enforcing the laws. banned public discrimination, discrimination in hiring, required government to cut of funding with programs that violated the law
Voting Rights Act of 1965
designed to counteract voting discrimination allowed federal government to step in placed where >50% was registered to vote
Civil Rights Act of 1991
eased restriction of employees bringing suit against employees with discriminatory hiring pracitce
Brown v. Board of Education
families filed suit against city board of education for enforcing school segregation. Supreme Court struck down school segregation nationwide, holding tat separate but equal facilities are inherently unequal. Overturned precent set by Plessy v. Furgeson
19th Amendment
guaranteed women’s right to vote
