Civil Rights and Civil Liberties Flashcards
Doctrine
“Clear and present danger”
What: Established by SCOTUS to determine free speech limitations.
States: Speech is restricted if it poses a clear and present danger to society
Ex. inciting violence, endangering national security
Power from the 5th Amendment
Eminent domain
The government cannot take away your property for public use w/o paying you for it.
Clause Under 14th Amendment
Equal protection clause
Requires states to treat everyone under equal protection of the law. It stopped states from discriminating based on race, gender, sexuality or other factors, thus helping end segregation and has been used to fight for other civil rights such as gay marriage.
Clause Under the 14th Amendment
Due process clause
No state shall deprive life, property, or liberty.
Types of Due Process:
Procedural Due Process = addresses the manner in which the law is carried out Substantive Due Process = addresses whether the point of the law violates a basic right to life, liberty, or property.
Both apply to federal and state governments,
Based on 4th Amendment
Exclusionary rule
Evidence the government finds or takes from conducting an unreasonable search and seizure cannot be used in trial.
Under 1st Amendment
Free exercise clause
GOV cannot limit religious beliefs but can prevent certain practices.
Miranda rights
Requires that before they interrogate them, police officers must inform the suspect of their rights to be silent and have an attorney at hand in order to not self incriminate themselves.
Protected Under 1st Amendment
Symbolic Speech
Nonverbal speech or expressive conduct that conveys a certain idea/message.
Ex. wearing armbands as a war protest, burning a flag (illegal), participating in a silent protest
Sedition
Speech, conduct, or actions that encourage rebellion/resistance against state or government authority.
De facto segregation
Segregation that exists but is not required by law (can be enforced by military)
De jure segregation
Segregation enforced by laws or goverment policy
Principle
Equality of opportunity
Everyone should have an equal oppurtunity to suceed regardless of their race, gender, social status, or other characteristics.
Equality of results
Equal rights by the redistribution of resources, opportunities, or outcomes to acheive great equality.
Jim Crow Laws
Jim Crow Laws were laws that enforced racial segregation in public places, and restricted voting rights for African Americans by use of the literacy test, poll tax, and the grandfather clause. These laws primarily affected Black people. (named after a racist cartoon character that mocked Black people)
Reverse discrimination
Situations where the majority claim to be discriminated against in favor of the minority
