unit 3 Flashcards
Civil liberties
constitutionally guaranteed personal freedoms protected from arbitrary governmental interference
Wall of separation
clear divide/separation of church and state
Establishment clause
federal, state, and local governments cannot establish, recognize, nor disregard any religion
free exercise clause
prevents the government from stopping religious practices
The lemon test
tested state violations of the establishment clause. It is secular, no excessive entanglement, will not promote or inhibit religion
protected speech
symbolic speech and hate speech
symbolic speech
non verbal actions that express a viewpoint on issues
unprotected speech
obscene speech, defamatory speech, destruction of government issued documents
obscene speech
usually sexual in nature
defamatory speech
false statements that cause harm or violence (can be protected if there is no measurable harm done)
free press
people have the right to give and receive published information without government interference
libel
false statements that damage a person’s reputation
breathing space
allows published information to have unintended inaccuracies without being sued for libel
prior restraint
the right to stop printed and spoken expression in advance
does the government have exclusive power to utilize prior restraint
no
brady bill
background checks and five day waiting period
District of Columbia v Heller
set the stage for lifting government regulations on private gun ownership
eighth amendment
protects against cruel and unusual punishment an excessive fines
furman v georgia
national hold on the death penalty; guidelines were restructured and limits were created
fourth amendment
protects agains unwarranted and unreasonable searches and seizures
metadata
telephone data minus the actual conversation; can be collected without a warrant
selective incorporation
SCOTUS process of declaring certain (selected) Bill of Rights provisions be applied to the states rather than all at once
Due process
Ensures that fair and legitimate legal processes take place before life, liberty, or property can be taken
14th amendment
Passed after the Civil War to guarantee far-reaching protections of citizens across the country- esp. former
slaves.
Procedural due process
The way in which the law is carried out; applied by the 5th & 14th amendments
Procedural due process examples
fifth amendment, exclusionary rule, searches in school
Exclusionary rule
evidence taken in violation of the 4th amendment can be excluded
USC Patriot Act
Can those suspected of being terrorists be detained without habeas corpus (bringing accused people before a judge)?
Rights of the accused
self incrimination and right to counsel.
substantive due process
the substance of a law (mostly state laws) cannot violate basic rights
substantive due process example
right to privacy - not an expressed right, but is an inherent right protected by the fourth and ninth amendment
NAACP
national association for in the advancement of colored people
NAACP successes
defended black citizens during unfair trials, outlawed white primaries, filed hundreds of law suits against school segregation
19th amendment
suffrage cannot be denied on the account of sex
equal pay act
made it so that women and men earned the same wage for the same job
national organization of women
SIG that continues to push for greater equality
Title IX
“strict scrutiny” to guarantee women equal education opportunities
1964 civil rights act
prevented refusal to employ for discriminatory reasons but did not list sexual identity
defense of marriage act
allowed states to decide on same sex marriage laws
obergefell v hodges
ruled that preventing same sex marriage violates
Heart of atlanta motel v US
commerce clause can be used to prevent private business owners from discrimination
voting rights act
expanded the franchise (right to vote) of black voters by allowing the federal government to oversee state-run elections (especially in the south)
24th amendment
outlawed the poll tax in any federal, primary, or general election
freedom of choice plans
placed the burden of school transfers on black students
swann v charlotte mecklenburg
allowed mathematical ratios to be used to integrate schools by reflecting the racial makeup of local populations
White Flight
white parents began moving out of cities where ratios to desegregate schools were being used
Majority-Minority Districts
voting district in which the minority makes up the majority
affirmative action
institutional efforts to diversify by race or gender and otherwise
equal opportunity employment
JFK Executive Order to Affirmative Action in the workplace
Regents of the University of California v Bakke
does affirmative action create reverse discrimination? The court sided with Bakke under the 14th amendments Equal Protection Clause
