civil rights and liberties Flashcards
civil rights
not written down and defends against discrimination
civil liberties
written rights that protect people from tyranny from the government
procedural due process
constitutional requirement to follow the first ten written amendments, expressed
substantive due process
based off of reason and courts, implied
incorporation
forcing states to have to follow the bill of rights and amendments
prior restraint
government arrests someone before something dangerous happens
establishment clause
no national religion/gov established religion
free exercise clause
everyone has the right to practice religion
scrutiny test
organizations must serve a compelling government interest, and action must be narrowly tailored to further that interest (undoing past discrimination by discriminating against someone else is not allowed)
affirmative action
this deals with including minorities in particular groups where they are underrepresented (colleges, workplace, etc.) Adarand v Pena used affirmative action!
lemon test
- gov action must have a non-religious purpose, gov cannot advance/ inhibit religion, and gov can’t promote extreme entanglement with religion
Brandenburg v Ohio
about a man from the KKK who was advocating violence, he ended up being sentenced to jail and the courts came up w a test that limited speech if it was harmful
NY Times v US
this was about the pentagon papers and how the government was holding back info about the vietnam war. as a result, the government’s power was restricted and they had to tell the truth
tinker v des moines
this case was about students having the right to political expression as long as it was not harmful to the learning environment. (protesting vietnam war)
texas v johnson
a case about political expression that allowed flag burning to be legal.
