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POSC 104 - BA Fall 2013 > Exam 1: Study Guide Terms Pt 4 > Flashcards

Exam 1: Study Guide Terms Pt 4 Flashcards

1
Q

Civil rights

A

Privileges the govt must guarantee to citizens.

Vote, jury trial

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2
Q

Civil liberties

A

Individual rights protected by constitution against the power of govt.
Freedoms guaranteed to individuals that the govt cant take away (art 1 sec 9) / Bill of Rights
(speech, assembly freedoms)

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3
Q

Incorporation

A

Bill of Rights - The incorporation of Bill of Rights also applies to local and state govts.

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4
Q

Habeas corpus

A

Cannot be detained without being officially charged with a crime
(Guantanamo bay violates this or not?)
(Art 1 sec 9.. govt cannot..)

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5
Q

Due process clause

A

The constitutional guarantee (5th/14th amendment) that the govt cannot illegally or arbitrarily deprive a person of their life, liberty, or property.

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6
Q

Stouffer study

A

1950s study, survey of 2,000+ people, virtually all agreed on freedom of speech –> later asks if we should allow admitted communists to speak publicly (27% say yes), socialists (60% say yes), Atheists (37% say yes)
Free speech comes at a cost.

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7
Q

Establishment clause

A

Government will not establish a natl religion

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8
Q

Free exercise clause

A

Government will not restrict anyone’s access to practice their religion (unless unlawful by practice’s nature..)

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9
Q

Court cases we discuss

A

Speech:
Snyder v Phelps (Supreme court 8-1 rules speech is protected of Westboro baptists)
Schenck v US (1919) Mail circulars telling people to resist the draft - Not OK, presents a clear and present danger
Brandenburg v Ohio (1969) KKK type public speeches - OK b/c it will not likely result in lawless action and is abstract teaching, his speech is protected.
Religion:
Good News Club v Milford Central School (2011) (Good News Club has right to have club at the school)
Santa Fe Independent School District v Doe (2000) (Not okay to pray over loudspeaker before football games despite student vote to pray)

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10
Q

Limits to free speech

A

4 cases: Libel/Slander, Fighting words, commercial speech, obscenity

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11
Q

Libel/slander

A

speaking/writing false statements
Slander: speaking of a statement that holds a person up for contempt/ridicule
Libel: Published false reports intended to injure one’s reputation/character

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12
Q

Fighting words

A

Immediate threat to public safety

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13
Q

Commercial speech

A

Limited for public good/benefit

no cigarette on TV, no false adverts

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14
Q

Obscenity

A

Indecency or offensiveness in speech, expression, behaviour, appearance. Normally determined by community standards.

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15
Q

Citizens United

A

Citizens United v. Federal Election Commission (2010)

Groups can spend as much as they want to elect/defeat a candidate. No limit on funding a campaign.

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16
Q

Super PAC

A

Organizations working to elect specific candidates (they can spend as much as they want)

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17
Q

Miranda warnings

A

Must be read to all people while being arrested/charged with a crime, explains rights of accused.

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18
Q

Exclusionary rule

A

Any evidence found not in complete/whole legal manner/due process cannot be submitted in court, regardless of evidence value.
! Mapp v Ohio (1961) - Police enter ladies home looking for suspect with a fake warrant/no grounds and find a bunch of illegal stuff, they took it illegally and she wasnt charged.

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19
Q

Tainted evidence in other countries

A

Basically all other countries will include incriminating evidence just depends on circumstances. (eg Canada and the guy with a huge amount of cocaine, he still served prison time regardless of it being found without cause)

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20
Q

Privacy

A

Not literally in Bill of RIghts But Amendments 1+3+4+5+9 give us “zones of privacy”

Right to privacy basis of overturning State restrictions on birth control, abortion, homosexual activity
allow states to permit “right to die” (assisted suicide/ legality of suicide)

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21
Q

Government surveillance

A 
PRISM (electronic)
Phone metadata
Remote control drone aircraft
GPS data from phones
Video cameras
National security letters to banks, phone, internet companies
Facial Recognition
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22
Q

PRISM

A

Communication flows through US based servers- US uses datamapping to collect ?% (1 or 2) of all communication and stores it… from FB, Yahoo, Google, Youtube, Skype, etc.

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23
Q

Edward Snowden

A

Former NSA contractor, leaked classified docs to Wash Post and The Guardian (london) about collection of phone metadata and NSA PRISM.
Led to tussels with Brazil, Russia, UN- Russia and China now know more about our surveillance (!!!! big deal) and Al Qaeda may change communication technique (!! … they kinda have to use phones and stuff..)
He’s now hiding out in Russia.

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24
Q

FISA court

A

Foreign Intelligence Surveillance Act court- can grant permission to conduct electronic surveillance (warrants). 11 members appointed by supreme court chief justice (they mostly GOP right now). Not many are denied, many are adjusted.
Deters request since its a hard process?

25
Q

Group libel

A

TBD

26
Q

Right to be forgotten

A

Social Media/ Online sites must delete anything requested to be deleted under this. If they dont they are subject to HUGE fines (2% of gross income) if it is found they kept something up that has grounds to be deleted. EU is considering this.

27
Q

Delete Squad questions

A

TBD

28
Q

Literacy test

A

Was used in voting registration (unfair)

2 forms- A/B one super hard (for afro americans in this time) other regular/super easy.

29
Q

14th Amendment

A

Equal Protection Clause
“no state shall…deny to any person within its jurisdiction the equal protection of the laws.”
Specific Rights apply to minority groups

30
Q

Equal protection clause

A

In the 14th amendment.
Specifics on civil rights: Rights denied/gained to groups: African Americans, Hispanic Americans, Asian Americans, Native Americans / Women / Gay Rights

31
Q

15th Amendment

A

Right to Vote (1870) (acct of race, color, previous condit of servitude doesnt matter/ all can vote), this didnt mention literacy tests/poll taxes/ grandfather clauses/ edu req/ straight up intimidation

32
Q

Poll tax

A

Demanding a tax in order to vote (those of low income, primarily blacks, were not able to pay it and therefore couldnt vote)

33
Q

Grandfather clause

A

If your grandfather could vote you could.. (clearly favored whites..)

34
Q

Education requirements

A

Requiring a certain level of education in order to vote (favored whites)

35
Q

White primary

A

???

Only whites were actually permitted to vote under all those ridiculous rules

36
Q

Civil Rights Act 1964

A

Private business/ organizations cant discriminate (hotels/restos/theatres/etc) as employers.

37
Q

Voting Rights Act 1965

A

All the bad ways of not letting people vote not listed in 15th amendment are no longer permissible..

38
Q

Preclearance

A

Current thing: the procedure that is required in order to change rules of who can vote (must go through US dept of justices civil rights division or courts).

39
Q

Segregation

A

Segregating blacks and whites on basis of separate but equal.. pretty self explanatory here.

40
Q

Plessy v. Ferguson

A

1896- Separate but equal/ Jim Crow Laws
-legal if they are both equal
(Overturned by brown v board)

41
Q

Separate but equal doctrine

A

A supreme court holding that equal protection clause of 14th amendment does not prohibit racial segreg as long as they are equal.

42
Q

Brown v. Board

A

1954 - sep but equal is no longer okay, schools must integrate!
Overturns Plessy v Ferg

43
Q

De jure

A

The letter of the law on allowing/not allowing something

-segregation/discrimination not allowed by law

44
Q

De facto

A

Circumstances and populations sometimes create “natural” circumstantial segregation (by neighborhood populations/etc)

45
Q

Civil Rights Movement

A

Movement in 1950/60s by minorities and concerned whites to end racial segregation.

46
Q

Civil disobedience

A

The deliberate and public act of refusing to obey laws thought to be unjust

47
Q

Suffrage

A

The right to vote, the franchise

48
Q

Women’s Rights Movement

A

Feminist Movement

Goal: Full political, economic, and social equality

49
Q

Feminist Movement/feminism

A

Women’s RIghts Movement

Goal: Full political, economic, and social equality

50
Q

1963 Equal Pay Act

A

Those at equal work levels deserve equal pay as male counterparts.

51
Q

Sexual harassment

A

Unwanted physical contact or verbal contact or abuse of a sexual nature that interferes with a recipients job performance, creates a hostile work environment, or carries a threat (implicit or explicit) of employment/consequences.

52
Q

Title IX

A

Higher Education Act 1972- universities denied funding if discrimination against women.

53
Q

Glass ceiling

A

An invisible but real discriminatory barrier that prevents women and minorities from rising to top positions of power/responsibility.

54
Q

Sodomy laws

A

Declared unconstitutional in Lawrence v Texas (2003)

55
Q

Defense of Marriage Act (DOMA)

A

Enacted by Clinton Admin
In fed/natl law- no same sex marriage therefore no legal benefits of marriage (tax status, next of kin, soc sec, etc)
Invalidated by supreme court case this year :)

56
Q

Hate speech debate

A

TBD

57
Q

Vacs reading on Argentina

A

TBD

58
Q

Eilperin reading on What’s changed for African Americans since 1963

A

TBD

POSC 104 - BA Fall 2013 (4 decks)

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