Civil Liberties And Civil Rights Flashcards
Espionage and sedition act 1917? What time period? Who did it target?
Made it illegal to criticize the gov’t
WWI
It targeted Germans and Radicals
Sedition act 1798? What group passed it? Who wrote it? Who did it target?
Passed by the federalist to stop criticism of the gov’t.
John Adams
It targeted followers of the democratic-republicans
Limits of permissible speech? What case did this come from
Clear and present danger- Schenck v. U.S.
Culture conflicts? 3 examples-
Jews v. Christians
Abortion
Gay marriage
No gays in Boy Scouts. Unconstitutional?
No. In 2000 Supreme Court declared they are a private organization and can choose who they want to participate.
Freedoms from 1st amendment? (5)
Religion Assembly Press Petition Speech
Schenck v. US- what year? What was the case about? Verdict? What came from this case? (Clause and behavior from gov’t)
1917 Burning draft cards US won Clear and present danger Free speech limited during time of crisis
Brandenburg v. Ohio- What was the case about? Verdict? What came from this case?
KKK cross burning
Brandenburg- constitutional, freedom of speech
Symbolic speech
National socialist party v. Skokie- what was it about? Verdict? Why did they make this decision (2)?
Nazi party marching
National socialist party won
Freedom of assembly
Constitutional because no threat of safety
Texas v. Johnson- what was it about? Verdict? What did they contribute this verdict to?
Flag burning
Johnson
Ruled as symbolic speech
Map v. Ohio- cause for this case? Verdict? What did they wrong?
Exclusionary rule- evidence obtained illegally can’t be used in court
Mapp
They didn’t have a warrant- must have probable cause
Escobedo v. Illinois- what was it about? Verdict? Why?
He didn’t have a lawyer, they wouldn’t give him one and he confess d to the crime.
Escobedo
Because defendants have a right to a lawyer during trial
Miranda v. Arizona- verdict? What came from it
Miranda
Miranda rights- must be read rights when arrested
Plessy v. Ferguson- what was the case about? Verdict? What came of this?
Whether Train car segregation was constitutional,he was 1/8 black
Plessy
14th amendment equal protection clause
Brown v. Board of education- verdict? What did this case do?
Unanimous for Brown
Overturned Plessy
Swann v. Charlotte Mecklenburg- verdict? What came of this?
Charlotte
School busing constitutional to integrate schools
Roe v. Wade- what is it about? Verdict?what are the conditions? What came of it?
Abortion
Roe
Only in the first trimester
Rights to privacy
Bakke v. CA- what is it about? Verdict? What came from it?
Affirmative action
Bakke
Explicit numerical quotas are unconstitutional BUT…race can be taken into consideration
Define libel and slander. What does it have to be in order to be libel or slander
Libel- written falsehoods to defame an individual
Slander- is verbal
Malice must be proven for both of them
What is symbolic speech? What cases are involved with symbolic speech? (4)
Doing something to make a political message Tinker Schenck Brandenburg Johnson
Do corporations and interest groups have the same rights as people?
Yes
2 clauses in 1st amendment dealing with religion
Establishment
Free exercise
What’s the “wall of separation”? Who wrote it?
Separation of church and state
Thomas Jefferson
Conditions for gov’t involvement in religion (2)
Secular- non religious
Can’t favor one religion over another
What’s the exclusionary rule? Do other countries do this?
Can’t use illegally seized evidence in court.
No, other countries can use this evidence- under the “good faith” clause
Requirement for a search warrant
Probable cause
Why did the equal rights amendment fail?
Because women feared being drafted.
What’s the Patriot act? When did it start? What department arose from this?
Gov’t can tap phones, read emails, listen to voicemails
Happened after 9/11
Homeland security
What’s the establishment clause in the 1st amendment
No official religion
How did blacks advance their interests in the 1960s
Media attention
Court system
What’s the equal protection clause? What amendment
Everyone is equal, 14th amendment
Jim Crow laws (4)? When/where? What were they for?
Deep South after Civil War
Literacy test
Poll taxes
Intimidation. Anything to prohibit the advancement
Grandfather clause Of black people in American society
Difference between De jure and De facto segregation
Dejure- by law
De facto- based on North and settlement patterns
Strategies used by MLK (4)
Civil disobedience
Bus and economic boycotts
Marches
Sit-ins
Factors helping promote civil rights in the 1960s (3)
Media attention
White attitudes changed
Violence on tv
How did black leaders gain attention to their cause in the 1950s and 1960s?
(2)
Court
Media
Democratic landslide Johnson- what year? What was special about this? What was the effect of this?
1964
Democrats controlled executive and legislative branches
Civil rights legislation was easily passed
Key provisions of major civil rights laws? (4)
Desegregation
Colleges
Public accommodations
Housing
Define civil rights and civil liberties
Civil rights- to be free from unequal treatment based on characteristics
Civil liberties- freedoms that are guaranteed
Hyde amendment?
No federal cash for abortion unless the mothers life is in jeopardy
