Unit 3 Civil Liberties & Civil Rights Terms List

affirmative action

policies and practices within government and organizations aimed at improving opportunities for historically marginalized groups, particularly in areas like education, employment, and contracting. These measures are designed to address past discrimination and promote diversity by ensuring that individuals from underrepresented backgrounds have equitable access to resources and opportunities. It is important b/c it creates a more inclusive and equitable society, benefiting both individuals and the community as a whole.

Americans with Disabilities Act of 1990

A law passed in 1990 that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment. It is important b/c it created a foundational piece of legislation that not only protects the rights of individuals with disabilities but also promotes a more equitable and inclusive society.

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Civil Liberties

Limitations placed on the government that might interfere with your freedoms It is important b/c it is fundamental to ensuring a just, equitable, and democratic society, where individuals can thrive and participate fully in civic life, rights given to the people from the constitution

Civil Rights

protect individuals from infringement by the government and to promote equality and justice within society. It is important b/c it is vital for creating an equitable, just, and democratic society, ensuring that all individuals can exercise their freedoms and contribute to the common good.

Civil Rights Act of 1964

made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places. It was important b/c it created a foundation in the ongoing struggle for equality and justice, shaping the legal and social landscape of the United States.

defamation (libel/slander)

Communicating something untrue that damages a person's reputation may be subject to a civil lawsuit. If the comment is written, it is called libel; if spoken, it is slander. It is important b/c it can cause people harm and it can happen either written or orally

double jeopardy

the prosecution of a person twice for the same offense. It is important b/c it is a fundamental legal protection that upholds fairness and integrity in the judicial process.

Due Process Clause of the 5th/14th Amendments

Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law. It is important b/c it ensures justice and protecting individual rights within the legal system in both federal and state contexts.

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion. It is important b/c it is essential for protecting religious liberty, ensuring government neutrality in religious matters, and promoting a just and equitable society.

exclusionary rule

a law that prohibits the use of illegally obtained evidence in a criminal trial. It is important b/c it is vital for protecting individual rights, promoting lawful police conduct, ensuring fair trials, and maintaining public confidence in the justice system.

Equal Protection Clause

Clause in the Fourteenth Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex. It is important b/c it ensures justice, equality, and fairness in government, reinforcing the idea that all individuals deserve equal rights and protections under the law.

Free Exercise clause

A First Amendment provision that prohibits government from interfering with the practice of religion. It is important b/c it protects religious liberty, promoting tolerance, and maintaining a just and equitable society where individuals can express their beliefs freely.

penumbra rights

Rights not clearly defined but existing in the "shadow" of formal constitutional rights. It is important b/c it is crucial to safeguarding individual freedoms, adapting constitutional protections to contemporary issues, and ensuring that the spirit of the Constitution is upheld in a dynamic society.

prior restraint

government censorship of information before it is published or broadcast It is important b/c it lies in its crucial role in protecting free expression, preventing censorship, promoting accountability, and fostering a vibrant democracy.

selective incorporation doctrine

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments. It is important b/c it protects individual liberties, promotes equality, limits state power, and adapts constitutional protections to contemporary societal needs.

symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the First Amendment. It is important b/c it protects free expression, encourages social change, facilitates dissent, and enriches public discourse, all of which are essential elements of a healthy democracy.

Title IX

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance It is important b/c it promotes gender equality, protecting against discrimination, expanding opportunities, and fostering a more equitable educational environment, significantly impacting American society and culture.

Voting Rights Act of 1965

a policy designed to reduce the barriers to voting for those suffering discrimination. It is important b/c it was crucial for protecting voting rights, promoting racial equality, strengthening democracy, and empowering minority voices, making it a cornerstone of civil rights in the United States.

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. It was important b/c it played a crucial role in dismantling institutionalized racism, advancing civil rights, and promoting equality, significantly shaping the landscape of education and social justice.

Scott v. Sandford

The 1857 Supreme Court decision ruling that a slave who had escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories. It is important b/c it reinforced the institution of slavery but also catalyzed political movements and set the stage for future legal battles over civil rights and equality in the United States.

Korematsu v. U.S.

1944 Supreme Court case in which the Supreme Court upheld the order providing for the relocation of Japanese Americans. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 to each survivor it was important b/c it illustrates the complexities of civil rights in the context of national security, serves as a reminder of past injustices, and continues to inform contemporary debates about government power and individual liberties.

Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal It was important b/c it institutionalized racial segregation and discrimination but also set the stage for future civil rights battles and the ongoing struggle for equality and justice in the United States.

Regents v. Bakke

A 1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race. It was important b/c it is crucial for shaping affirmative action policies, promoting diversity in education, and influencing ongoing debates about race, equity, and access in American society.

Engel v. Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren. It was important b/c it reinforces the separation of church and state, shaping public school policies regarding religion, and contributing to the broader discourse on religious freedom and individual rights in the United States.

Gideon v. Wainwright

a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.It is important b/c it has the right to counsel in state courts, promoting fair trial standards, and ensuring that justice is accessible to all individuals, regardless of their financial situation.

Gregg v. Georgia

The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment. It was important b/c its role in upholding the death penalty under certain conditions, shaping the legal framework for capital punishment, and influencing ongoing debates about its morality and application in the United States.

Griswold v. Connecticut & Roe v. Wade

BOTH Supreme Court cases are based on the right of privacy. The right to privacy is not expressed in the constitution but it is implied. It was important b/c it shaped the legal landscape of privacy rights and reproductive freedoms in the United States. They emphasize the importance of individual liberties, the right to make personal choices without government interference, and the ongoing struggle for gender equality and reproductive rights.

Mapp v. Ohio

Evidence illegally gathered by the police may not be used in a criminal trial It was important b/c it established the exclusionary rule at the state level, reinforcing privacy rights, and shaping law enforcement practices, ultimately contributing to the protection of individual freedoms in the American legal system.

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police. it was important b/c it established important protections for individuals in the criminal justice system, ensuring that suspects are informed of their rights, and influencing law enforcement practices and public awareness regarding legal rights.

Roe v. Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester. It was important b/c it established and protected reproductive rights in the United States, influencing legal standards, fostering social movements, and contributing to ongoing debates about individual liberties and government roles in personal health decisions.

Schenck v. U.S.

A United States Supreme Court decision concerning the question of whether the defendant possessed a First Amendment right to free speech against the draft during World War I. Ultimately, the case served as the founding of the "clear and present danger" rule. It was important b/c it is crucial for shaping the legal landscape of free speech in the U.S., establishing important limits on that freedom, and influencing how subsequent cases and discussions about civil liberties are approached, particularly during times of national crisis.