civil rights Flashcards
bill of rights
the first 10 amendments added to the constitution within three years of it’s ratification
civil liberties
protections from the abuse of government power
civil rights
protections from discrimination based race, gender or minority status
selective incorporation
the idea that the bill of rights has been applied to the state laws on a case by case basis
which rights have not been incorporated and thus restricted by the states?
3rd, 5th, and 7th amendment
first amendment
freedom of speech, press, petitioning government, assembly, religion
are the rights in the first amendment absolute?
no they are not and be limited in the interest of greater public good
clear and present danger test
the idea that if speech poses a clear and present danger, it is not protected under amendment 1
Schenck vs. United States
- Schenck was passing out leaflets telling people to not join the draft
- was put on trial and because his words posed a clear and present danger to national security, he lost the trial
slander
spoken defamation
libel
written defamation
what does unprotected speech include?
false defamatory speech, obscenity, speech that incites violence
why can you burn the american flag?
preferred position doctrine
freedom of speech is fundemental to liberty so limits on speech must be severe threats to the nation
tinker v. des moines
-john and mary beth tinker wore black armbands to school to protest vietnam war and got suspended
-first amendment was in question whether or not it applied since it protects minors at school in certain cirumstance
-court held that students speech wwas procteced by amendment 1 as longa s it didn’t violate specific constitutional regulations and di not cause a substantial disruption
prior restraint
the ability of the government to strike parts of an aritcle or block it before it’s publication
shield laws
protect reporters from being jailed if they choose not to reveal their sources
three part obscenity test
-would the average person think this appeals to people’s sexual instincts
- does the work lack other value or is it art, political, scientific
-does it depict sexual behavior
new york times v. united states
-pentagon papers got leaked to nyt and government sued the nyt when they drafted an article abt it
-government claimed releasing this violated espionage act of 1917 and could therefor use prior restraint
-supreme court held that nyt could release the pentagon papers since the government didn’t really prove much
-this case enacted a heavy presumption against prior restraint in the supreme court
freedom of association
freedom to join as many groups as you want about whatever you want as long as it poses no risk to national security
letter from a birmingham jail
-letter written by mlk that discussed the movement he was leading and explained the paradox created by them following just laws and breaking injust laws
-this piece called for a new approach, to cause tension that would make the government notice them
establishment clause
prevents the government from establishing a state religion
free exercise clause
government may not prevent people from practicing their religion
-as long as no harm is being done to others
lemon test
-does the law have a secular purpose
-does the law neither promote nor discourage religion
-does the law avoid excessive entanglement of the government and religious institutions
engel v. vitale
-jewish families sued their school district for imposing prayer in the classroom
-families argued this violated first amendment establishment clause
-supreme court held that school prayer does violate the establishment clause
second amendment
right to keep and bear arms
wisconsin v. yoder
-amish stopped sending their kids to school after 8th grade but then the state of wisconsin fined the families $5
-did this fall under the free exercise clause of the first amendment?
-supreme court held that the amish’s decision was protected under the free exercise clause
mcdonald v. chicago
-mcdonald wanted to buy a handgun but was unable to due to chicago’s new handgun restrictions
-claimed this violated due process clause of the 14th amendment
-supreme court said states cannot defy the rights given by second amendment and struck down laws that were regulating guns
us v. lopez
-lopez was arrested for bringing a gun to school and then was charged with violating the gun free school zones act of 1990
-lopez claimed that federal government couldn’t charge him with this because they can’t control schools but they said they could because they could regulate commerce, interstate trade
-court held that this did not qualify as part of the commerce clause and struck down gun free school zones act
third amendment
no quartering of soldiers
fourth amendment
no unreasonable searches and seizures
search warrant
if police have a probable cause, they can get a judge to issue them a search warrant to find the evidence that proves a crime was committed
inevitable discovery rule
illegally obtained evidence that would’ve inevitably been discovered can be admissible in court in some cases
exclusionary rule
if police obtain evidence through search or seizure without a warrant, it’s not admissible in court
objective good faith
allows for convictions in cases in which a search was not technically legal but was conducted under the assumption that it was legal
exigent circumstances
reason to believe someone may be harmed or that evidence could disappear by the time they received a warrant and disappeared
fifth amendment
-due process for federal gov
-the right to not self incriminate
-grand jury for capital crimes
rights granted to the accused
double jeopardy
this is something the 5ht amendment protects against, which is being persecuted maliciously for the same crime again and again
gideon v. wainwright
-gideon was charged with breaking and entering, theft, destruction of property and was not given an attorney during his trial
-gideon argued his sixth amendment right to an attorney was violated
-supreme court held that florida violated gideon’s right to an attorney and this set the rule that all defendants are given the option of having attorney represent them
sixth amendment
right to an impartial jury, to know your charges, and to have an attorney. the right to a speedy trial
miranda rights
all legal rights must be read to defendants
habeas corpus
protects against unlawful imprisonment and person cannot be held indefinitely they without being formally charged by a judge or without legal reason to extend their detainment
seventh amendment
right to a trial by jury in civil cases
eight amendment
no cruel or unusual punishments
no excessive bail
ninth amendment
enumerated rights of citizens will be protected whether these rights are listed or not.
tenth amendment
all powers not given to federal gov are given to the states
implied right to privacy
griswold vs connecticut ruling determined that us citizens are garunteed a right to privacy as a combination of the 1st, 3rd, 4th, 5th, 9th, and 14th amendment
the civil war
with the issuance of the emancipation proclamation in 1863, this became a war over slavery
thirteenth amendment
prohibited indentured servitude and slavery is illegal
fourteenth amendment
all citizens of the US were entitled to equal protection by due process
-was narrowly interpreted during the 1880s to allow segregationist laws
fifteenth amendment
-voting rights to men of any race/color
-banned laws that would prevent african americans from voting because of their race
civil rights act of 1875
banned discrimination in public places
jim crow laws
segregationist laws against black poeple
poll tax
taxes that had to be paid in order to vote
-a way to limit black people from voting since most were poor
grandfather clause
exempt anyone who’s grandfather voted, from voter restrictions
-helped illiterate and poor white people still be able to vote
equal pay act of 1963
illegal to base an employee’s pay on their race, gender, religion, etc.
twenty-fourth amendment
outlawed the poll tax
voting rights act of 1965
allowed the government to step in to any state with less than 50% of the voters being registered to vote and the federal government could register voters
civil rights act of 1964
-prohibited discrimination in public accomodations(offices, transportation) and federal services
-prohibited hiring based on race and/or gender
-required government to cut off funding for any programs that did not comply with this law
civil rights act title VIII
banned racial discrimination in housing
civil rights act of 1991
eased restrictions on employees being able to bring suit against employers with discriminatory hiring practices
brown v. board of education
-20 families from topeka kansas sued against their board of ed for allow school segregation
-since it didn’t violate plessy v ferguson, the state court thought it was fine
-did 14th amendment equal protection clause apply to school segregation
-yes it did apply and court ruling held that racial segregation has detrimental impact on mental health of black students so therefore it shouldn’t be allowed
-judicial activism
de facto segregation
segregation that exists out side of law
de jure segregation
segregation enforced by law
affirmative action
creates special employment opportunities for minorities
reverse discrimination
discrimination on whites?
ninteenth amendment
gives women the right to vote
equal pay act of 1963
made it illegal to base an employee’s pay on race, gender, religion, or national origin
title IX higher education act
prohibits gender discrimiantion by insutitons of higher educaiton that recieve federal funds
civil rights restoration act of 1988
allowed government to cut funding to programs that violate the law
lilly ledbetter fair pay act of 2009
closed a loop hole that limited suits on discriminatory pay
