Exam 1: Study Guide Terms Pt 4 Flashcards
Civil rights
Privileges the govt must guarantee to citizens.
Vote, jury trial
Civil liberties
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)
Incorporation
Bill of Rights - The incorporation of Bill of Rights also applies to local and state govts.
Habeas corpus
Cannot be detained without being officially charged with a crime
(Guantanamo bay violates this or not?)
(Art 1 sec 9.. govt cannot..)
Due process clause
The constitutional guarantee (5th/14th amendment) that the govt cannot illegally or arbitrarily deprive a person of their life, liberty, or property.
Stouffer study
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.
Establishment clause
Government will not establish a natl religion
Free exercise clause
Government will not restrict anyone’s access to practice their religion (unless unlawful by practice’s nature..)
Court cases we discuss
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)
Limits to free speech
4 cases: Libel/Slander, Fighting words, commercial speech, obscenity
Libel/slander
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
Fighting words
Immediate threat to public safety
Commercial speech
Limited for public good/benefit
no cigarette on TV, no false adverts
Obscenity
Indecency or offensiveness in speech, expression, behaviour, appearance. Normally determined by community standards.
Citizens United
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.
Super PAC
Organizations working to elect specific candidates (they can spend as much as they want)
Miranda warnings
Must be read to all people while being arrested/charged with a crime, explains rights of accused.
Exclusionary rule
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.
Tainted evidence in other countries
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)
Privacy
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)
Government surveillance
PRISM (electronic) Phone metadata Remote control drone aircraft GPS data from phones Video cameras National security letters to banks, phone, internet companies Facial Recognition
PRISM
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.
Edward Snowden
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.
FISA court
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?
Group libel
TBD
Right to be forgotten
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.
Delete Squad questions
TBD
Literacy test
Was used in voting registration (unfair)
2 forms- A/B one super hard (for afro americans in this time) other regular/super easy.
14th Amendment
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
Equal protection clause
In the 14th amendment.
Specifics on civil rights: Rights denied/gained to groups: African Americans, Hispanic Americans, Asian Americans, Native Americans / Women / Gay Rights
15th Amendment
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
Poll tax
Demanding a tax in order to vote (those of low income, primarily blacks, were not able to pay it and therefore couldnt vote)
Grandfather clause
If your grandfather could vote you could.. (clearly favored whites..)
Education requirements
Requiring a certain level of education in order to vote (favored whites)
White primary
???
Only whites were actually permitted to vote under all those ridiculous rules
Civil Rights Act 1964
Private business/ organizations cant discriminate (hotels/restos/theatres/etc) as employers.
Voting Rights Act 1965
All the bad ways of not letting people vote not listed in 15th amendment are no longer permissible..
Preclearance
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).
Segregation
Segregating blacks and whites on basis of separate but equal.. pretty self explanatory here.
Plessy v. Ferguson
1896- Separate but equal/ Jim Crow Laws
-legal if they are both equal
(Overturned by brown v board)
Separate but equal doctrine
A supreme court holding that equal protection clause of 14th amendment does not prohibit racial segreg as long as they are equal.
Brown v. Board
1954 - sep but equal is no longer okay, schools must integrate!
Overturns Plessy v Ferg
De jure
The letter of the law on allowing/not allowing something
-segregation/discrimination not allowed by law
De facto
Circumstances and populations sometimes create “natural” circumstantial segregation (by neighborhood populations/etc)
Civil Rights Movement
Movement in 1950/60s by minorities and concerned whites to end racial segregation.
Civil disobedience
The deliberate and public act of refusing to obey laws thought to be unjust
Suffrage
The right to vote, the franchise
Women’s Rights Movement
Feminist Movement
Goal: Full political, economic, and social equality
Feminist Movement/feminism
Women’s RIghts Movement
Goal: Full political, economic, and social equality
1963 Equal Pay Act
Those at equal work levels deserve equal pay as male counterparts.
Sexual harassment
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.
Title IX
Higher Education Act 1972- universities denied funding if discrimination against women.
Glass ceiling
An invisible but real discriminatory barrier that prevents women and minorities from rising to top positions of power/responsibility.
Sodomy laws
Declared unconstitutional in Lawrence v Texas (2003)
Defense of Marriage Act (DOMA)
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 :)
Hate speech debate
TBD
Vacs reading on Argentina
TBD
Eilperin reading on What’s changed for African Americans since 1963
TBD
