Unit 3 Flashcards
civil liberties
protect people from undue government interference or action
civil rights
on the other hand, protect people from discrimination.
first amendmnet
freedom of speech, assembly, press, petition, and religion
establishment clause
the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress.
free exercise clause
protects citizens’ right to practice their religion as they please
Symbolic speech
nonverbal, nonwritten forms of communication, such as flag burning, wearing armbands and burning of draft cards.
time place and manner restrictions
speech can be limited based on its content to maintain public peace and order
obscenity
Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value
can be used to limit speech
defamation
the action of damaging the good reputation of someone; slander or libel
libel
a published false statement that is damaging to a person’s reputation; a written defamation.
slander
the action or crime of making a false spoken statement damaging to a person’s reputation.
can be used to limit speech
clear and present danger
a risk or threat to safety or other public interests that is serious and imminent
can be used to limit speech
prior restraint
judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this.
exception: obscenity or clear and present danger
Public Safety Exception
a legal doctrine that allows law enforcement officers to question a suspect without first providing Miranda warnings in certain circumstances where public safety is at risk
patriot act
expanded the powers of law enforcement agencies, allowing them to conduct surveillance, access personal records, and detain individuals suspected of terrorism-related activities in response to 9/11
usa freedom act
imposes some new limits on the bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies, including the National Security Agency. It also restores authorization for roving wiretaps and tracking lone wolf terrorists.
second amendmnet
right to bear arms
4th amendment
protection from unwarranted searches and seizures
5th amendment
due process for criminals
guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.
6th amendment
trial rights for the accused
guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
exclusionary rule
prevents the government from using most evidence gathered in unwarranted searches
miranda rule
“Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney
8th amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9th amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
unenumerated rights
legal rights inferred from other rights that are implied by existing laws
right to privacy
The Supreme Court has ruled that the due process clause of the Fourteenth Amendment prevents state governments from infringing on the right to privacy through the 3rd, 4th, and 9th amendments
pro-life movement
. opposed to legalized abortion;
pro-choice movement
social movement aimed at increasing and preserving women’s access to medical abortion.
fourteenth amendment
incorporation doctrine
equal protection clause
due process clause
selective incorporation
the case-by-case approach of deciding which portions of the Bill of Rights apply to states.
due process
government actors must follow certain procedures before they may deprive a person of a protected life, liberty, or property interest.
procedural due process
asks whether the government has followed the proper procedures when it takes away life, liberty or property.
substantive due process
asks the question of whether the government’s deprivation of a person’s life, liberty or property is justified by a sufficient purpose.
civil rights movement
a nationwide movement for equal rights for African Americans and for an end to racial segregation and exclusion
separate but equal doctrine
racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed “equal protection
de jure segregation
the legal separation of groups of people based on law
de facto segregation
people are not separated legally but remain separate from each other as a matter of fact.
civil rights act of 1964
prohibited discrimination in public accommodations and federally funded programs
Voting Rights Act (1965)
outlawed the discriminatory voting practices adopted in many southern states after the Civil War, including literacy tests as a prerequisite to voting
majority-minority districts
an electoral district, in which the majority of the constituents in the district are racial or ethnic minorities
SCOTUS case with majority-minority districts
shaw v reno
affirmative action
taking positive steps to end discrimination, to prevent its recurrence, and to create new opportunities that were previously denied minorities and women.
quotas before n\banned in colleges
title ix of the education amendments act of 1972
removed many barriers that once prevented people, on the basis of sex, from participating in educational opportunities and careers of their choice.
womens rights movement
diverse social movement, largely based in the United States, that in the 1960s and ’70s sought equal rights and opportunities and greater personal freedom for women.
national organization for women (NOW)
take action through intersectional grassroots activism to promote feminist ideals, lead societal change, eliminate discrimination, and achieve and protect the equal rights of all women and girls in all aspects of social, political, and economic life.
letter from a birmingham jail
people have a moral responsibility to break unjust laws and to take nonviolent direct action rather than waiting potentially forever for justice to come through the courts.
engle v vitale
1st amendment: establishment clause
14th: incorporation via due process clause
voluntary prayer in school was held nonconstitutional
wisconsin v yoder
1st: free exercise
14th: incorporation doctrine
found that Amish children could not be placed under compulsory education past 8th grad
balanced state interest with personal liberty
tinker v des moines
1st amendment: free speech clause
14th: incorporation doctrine
neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate unless the speech creates a significant disruption
schenk v US
1st: free speech clause
schenck charged for attempting to cause insubordination in teh military
held that the 1st doesnt protect messages that urge behavior that violates the law, creating the clear and present danger test
new york times co v us
1st: free press clause
pentagon papers
struck down prior restraint
mcdonlad v chicago
2nd: right to bear arms
14th: incorporation doctrine
the 2nd amendment applies to the states
gideon v wainwright
6th: right to assistance of counsel
14th: selective incorporation
florida law only gave counsel for capital offenses
gideon convicted of petty theft and appealed
held that 6th applies to all criminal cases unless waived by individual
brown v board
14th: equal protection
overturning of plessy and the separate but equal doctrine
inherently unequal schools will not surive the strict scruitiny test
reasoning behind heller
even before const., firearms were used for the protection of individual liberties along with self defense
limits on gov investigation
protection from unreasobale searches and seizures (4th)
requirement for a warrant (4th)
limts on gov authority in legal procedures
warrants must be specific and based on probable cause (4th)
right to fair legal processes
to remain silent (5th)
no double jeapordy (5th)
due process (5th)
speedy trial (6th)
impartial jury (6th)
legal counsel (6th)
informed of charges (6th)
cross examine witnesses ancd compel witnesses to testify (6th)
limits on gov actions in legal procedures
just compensation (5th)
no excessive fines or cruel punishments (8th)
planned parenthood v casey
can put more limits on access to abortion, but no undue burdern
dobbs v jackson
overturn roe
left decision to states
title III
ended racial, religious, or nationalitity discrimantion in public places
title vii
no discrimination based on gender, sexual oreintation, race, or relgigon in work place
reed v reed
rights protected under the equal prtection clause to include sex-based discrimianation 1
referendum
a direct vote made by citizens on a proposed law or amendmen t
