civil rights Flashcards
Constitutional protections against infringement by the goverment.
Civil liberities
Policies that protect people from arbitary or discriminatory treatment by the goverment; ensures equal protection of the laws.
Civil rights
14th amendment clause that protects individuals from infringements by the government and has been used to incorporate civil liberties to the states.
Due Process Clause
14th amendment clause that declares states cannot unreasonably discriminate against individuals; has been used to incorporate civil rights.
Equal Protection Clause
The process of gradually applying the Bill of Rights to the states.
Selective Incorporation
Censorship of a publication before it is printed; typically not allowed under the law.
Prior restraint
This standard, set forth in Schenck v. U.S., declares that speech is not covered by the 1st amendment if it poses a public threat.
Clear-and-present danger test
Written expression that is both false and malicious.
Libel
Spoken expression that is both false and malicious.
Slander
Expressing a political message through an action.
Symbolic speech
First Amendment requirement that allows people to practice whatever religion they choose.
Free Exercise Clause
First amendment provision that declares the government may not declare a national religion or give preference to one religion over another.
Establishment Clause
Policy that police officers must inform all suspects of their rights before questioning.
Miranda Rule
This standard states that evidence gained without a proper warrant may not be used in a criminal trial.
Exclusionary rule
This provision states that an individual may not be tried for the same crime twice.
Double Jeopardy
A court order signed by a judge that authorizes law enforcement to conduct a search of a person, property, or location.
Search Warrant
Reasonable foundation for issuing a search warrant or making an arrest; more than mere suspicion.
Probable Cause
Doctrine established in Plessy v. Ferguson that segregated facilities may be established for different races and still be considered equal.
Separate-but-equal Doctrine
Racial segregation enforced by law.
De jure segregation
Racial segregation that occurs not as a result of the law, but as a result of residential patterns and customs.
De facto segregation
Positive steps taken by the government to increase minority participation in some institutions by appointing or giving preference to more minority-group members.
Affirmative Action
Opposing a law considered unjust by peacefully disregarding it and accepting the resulting punishment.
Civil disobedience
Law that prohibited segregation in public accommodations and banned employment discrimination on the basis of race, color, sex, religion, or national origin.
Civil Rights Act of 1964
Law that aimed to limit voting barriers for African Americans, most notably the use of discriminatory literacy tests.
Voting Rights Act of 1965
This constitutional provision protects an individual’s right to free speech, press, religion, assembly, and petition.
1st Amendment
Law that was passed as part of the Education Amendments of 1972 that prohibited sex-based discrimination in any educational program or activity receiving federal funding.
Title IX
This constitutional provision protects an individual’s right to bear arms.
2nd Amendment
This constitutional provision protects an individual’s right against unreasonable searches and seizures.
4th Amendment
This constitutional provision protects individuals from incriminating themselves or facing double jeopardy, among other protections regarding legal proceedings.
5th Amendment
This constitutional provision guarantees the right to a speedy and public trial the right to counsel, and the right to confront and present witnesses, among other legal protections.
6th Amendment
This constitutional provision protects an individual from cruel and unusual punishment and excessive bail or fines.
8th Amendment
This constitutional provision provides a guarantee of citizenship, as well as equal protection and due process, which have been the sources of incorporation for key protections in the Bill of Rights.
14 Amendment
