AP GAPtastic- Civil Liberties & Civil Rights Vocab Terms (Unit Four)

Affirmative action

an action or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education

Civil liberties

constitutionally established guarantees of personal freedoms, e.g., speech, assembly, religion, protecting citizens, opinions, and property against government interference

Civil rights

protections of individuals against discrimination on the basis of characteristics such as race, national origin, religion, and gender; guaranteed under the Due Process clause and Equal Protection Clause, as well as by various acts of Congress.

Clear and present danger doctrine

judicial interpretation of Amendment 1 that government may not ban speech unless such speech poses an imminent threat to society.

Defamatory speech

unprotected speech that is false and reputation-damaging (can come in the form of either libel or slander); defamation is the use of such speech

De facto segregation

segregation "by fact," i.e., segregation that results from such factors as housing patterns rather than law.

De jure segregation

segregation by law, i.e., segregation that is required by government.

Due process clause

prohibits the national government (5th Amendment) and states (14th Amendment) from denying life, liberty, or property without due process of law.

Equal protection clause

14th Amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination.

Establishment clause

provision of Amendment 1 that prohibits Congress from establishing an official state religion. This is the basis for separation of church and state.

Exclusionary rule

Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial.

Free exercise clause

provision of Amendment 1 stating that Congress may not prohibit the free exercise of religion.

Grandfather clause

Southern laws that excluded blacks from exercising suffrage by restricting the right to vote only to those whose grandfathers had voted before 1865.

Incorporation

using the Due Process Clause of the Fourteenth Amendment to apply the Bill of Rights to the states. "Total incorporation" would require states to obey all provisions of the Bill of Rights because of the due process clause of the 14th Amendment. "Selective incorporation" dictates that the Bill of Rights be applied in a more gradual manner on a case by case basis, also via the due process clause of the Fourteenth Amendment.

Jim Crow laws

Southern laws that required racial segregation in places of public accommodations.

Libel

written untruths that damage a reputation.

Literacy test

Southern method of excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write.

Majority-Minority districts

an electoral district (such as a House district) in which the majority of the constituents in the district are members of racial or ethnic minority groups.

Miranda warnings/Miranda Rule

warnings that must be read to suspects prior to a custodial interrogation (when the suspect is not free to leave and is about to be questioned by police). Suspects must be advised that they have the rights of silence and counsel. Established by SCOTUS in Miranda v. Arizona

Obscene speech

unprotected speech that is sexual, offensive, and lacking in social (literary, artistic, political, or scientific) value, as articulated by the SCOTUS in Miller v. CA.

Plea bargain

arrangement in which a suspect pleads guilty to a lesser offense in order to avoid a trial. The manner in which most cases are disposed of.

Police powers

powers that allow states to pass laws protecting the health, welfare, safety, and morals of their residents.

Poll tax

Southern method of excluding blacks from exercising suffrage by requiring payment of a tax prior to voting.

Prior restraint

When a court stops expression before it is made, e.g., prohibiting a demonstration by a radical group because the assembly is likely to become violent. Presumed to be unconstitutional.

Public safety exception

An exception to the Miranda Rule articulated by the SCOTUS in New York v. Quarles, which permits law enforcement to engage in a limited and focused unwarned interrogation and allows the government to introduce the statement as direct evidence.

Racial gerrymandering

drawing of legislative boundaries to give electoral advantages to a particular racial group. "Majority-minority" districts include large numbers of racial minorities in order to ensure minority representation in legislatures.

Sedition

advocacy of the overthrow of the government.

Separate but equal

Supreme Court doctrine established in a case of Plessy v. Ferguson. Allowed state-required racial segregation in places of public accommodations as long as the facilities were equal.

Shield laws

state laws that protect journalists from having to reveal their sources.

Slander

spoken untruths that damage a reputation.

Strict scrutiny

Supreme Court guideline for determining if government can make racial distinctions. According to this guideline, such distinctions are highly suspect and are allowed only if they are narrowly tailored to serve a compelling government interest.

Symbolic Speech

expression by conduct rather than spoken word, ex: armbands, signs, marching, flag burning

Time-Place-Manner restrictions

reasonable, content-neutral limits that the government may place on First Amendment expression IF (in general) the limits: serve an important objective (not involving the suppression of speech) and are narrowly tailored and that there remain ample alternative means of communication. (a la "You can't assemble in your neighbor's backyard pool without her permission"). (Since these restrictions are content-neutral, they are subjected to intermediate scrutiny rather than strict scrutiny.)

Writ of habeas corpus

court order that the authorities show cause for why they are holding a prisoner in custody. Deters unlawful imprisonment.