Unit 5 Flashcards
Civil Rights & Liberties
Civil Liberties
fundamental freedoms guaranteed by the Constitution
The Bill of Rights
First 10 amendments
The Establishment Clause
State can’t select a religion, in first amendment
The Free Exercise Clause
Citizens can practice any religion, in first amendment
Incorporation Doctrine
Extends protections of bill of rights to state govts, in due process clause of 14th amendment
Gitlow v. New York
First example of incorporation doctrine, Gitlow argued state law violated his first amendment speech rights
Barron v. Baltimore
SCOTUS ruled states do not have to follow bill of rights until incorporated
Engel v. Vitale
Establishment clause, school-sponsored prayer violates it
Clear and Present Danger Doctrine
From Schenck v US, speech presenting clear & present danger is not protected by first amendment
Prior Restraint
Government cannot stop press from printing something in advance
Roth v. United States
Obscene materials not part of first amendment protection
Libel
Publishing false statements to defame someone
New York v. Sullivan
NYT made slightly wrong claims about Sullivan, court said there should be gray area for press to debate
Symbolic Speech
Protected by first amendment, cannot defend an illegal act
Texas v. Johnson
Burning flag down was symbolic speech, not illegal
Commercial Speech
Speech for selling stuff gets less first amendment protection
Slander
Saying false statements to defame someone
Freedom of Assembly and Association
Gather peacefully, express views, form groups to pursue common goals, part of first amendment
Exclusionary rule
Evidence in violation of 4th amendment (unreasonable search) can’t be used in court
Mapp v. Ohio
Police found porn and arrested for obscenity, SCOTUS said it was against 4th amendment, incorporated the 4th amendment
Self-incrimination
5th amendment says people can’t be forced to incriminate themselves
Miranda v. Arizona
Set up Miranda Warning, you have the right to remain silent
Gideon v. Wainwright
States must give lawyer to those who don’t have one, incorporated 6th amendment
Double jeopardy
Someone can’t be tried twice, fifth amendment
Plea bargain
Negotiation for lighter sentence to avoid full trial
Gregg v. Georgia
Death penalty is still legal but cannot be mandatory, must be careful process
Civil Rights
Legal protections against discriminations
Thirteenth Amendment
Abolished slavery and involuntary servitude
Fourteenth Amendment
Equal protection for citizens under the law, due process (fair legal process)
Plessy v. Ferguson
Upheld segregation, seperate but equal
De facto segregation
Segregation in practice rather than legal
Brown v. Board
Overturned “seperate but equal”
Civil Rights Act of 1964
Outlawed discrimination based on race, religion, sex
Fifteenth Amendment
Rights of citizens cannot be denied based on discrimination
Poll Taxes
Fee to vote, discouraged black from voting cus of poverty
White primary
Party primary for only white voters
Twenty-fourth Amendment
Banned poll taxes
Voting Rights Act of 1965
Prohibits racial discrimination in voting
Hernandez v. Texas
Extended 14th amendment to all racial groups, not just african americans
Korematsu v. United States
Said compulsory exclusion of citizens during war is justified for reducing espionage
Nineteenth Amendment
Women can vote
Equal Rights Amendment
Guaranteed equal rights for all citizens, never passed
The Graying of America
Growing proportion of boomers
Americans with Disabilities Act
Public sector buildings and transportation had to be accessible to disabled
