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Civil Liberties
Constitutional freedoms guaranteed to all citizens
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Establishment Clause
Clause in the First Amendment that says the government may not create an official religion.
Prior Restraint
government censorship of information before it is published or broadcast
Limitations on the 1st Amendment
-crime
-Libel: Written statement to hurt someones reputation
-Slander: spoken statement to hurt someones reputation
-presents a clear and present danger
-fighting words
Engel v. Vitale (1962)
Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause
Wisconsin v. Yoder (1972)
Compelling Amish students to attend school past the eighth grade violates the free exercise clause
Tinker v. Des Moines (1969)
Students in an Iowa school were suspended for wearing black armbands to protest the Vietnam war. Ruled that this suspension was unconstitutional, and that public school students do not "shed their constitutional rights at the schoolhouse door."
Schenck v. United States (1919)
Held that the clear-and-present danger principle should be used as the test of whether a government may limit free speech
New York Times Co. v. United States (1971)
Bolstered the freedom of the press, establishing a "heavy presumption against prior restraint" even in cases involving national security
2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
McDonald v. Chicago (2010)
Incorporated the 2nd Amendment right to bear arms to the states
4th Amendment
Protection against unreasonable searches and seizures
Exclusionary Rule
improperly gathered evidence may not be used against the accused in a criminal trial
USA Patriot Act (2001)
Strengthens the federal government's power to conduct surveillance, perform searches, and detain individuals in order to combat terrorism.
5th Amendment
Protection against self-incrimination, Double Jeopardy, eminent domain; rights of due process and indictment by a grand jury
Miranda v. Arizona (1966)
The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent.
6th Amendment
The right to a speedy trial by an impartial jury in a criminal case, representation by an attorney for an accused person, confront witnesses against you and provide witnesses in your defense
Gideon v. Wainwright (1963)
Extends to the defendant the right of counsel in all states and federal criminal trials regardless of their ability to pay.
8th Amendment
No cruel or unusual punishment or excessive bail
Roe v. Wade (1973)
Abortion rights fall within the privacy implied in the 14th amendment, states may not limit a woman's right to an abortion within the 1st trimester
Right to Privacy
The right to a private personal life free from the intrusion of government.
Civil Rights
Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals (equality)
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection and due process of the law
Due Process Clause
14th amendment clause stating that no state may deprive a person of life, liberty, or property without using established legal procedures
Equal Protection Clause
14th amendment clause that prohibits states from denying equality under the law, and has been used to combat discrimination
Selective Incorporation
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.
Letter from Birmingham Jail
Written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. He outlines the moral basis for the civil rights movement
Women's Rights Movement
an organized effort to improve political, legal and economic status of women in American society
Plessy v. Ferguson (1896)
Legalized segregation in publicly owned facilities as long as the separate facilities were equal
Brown v. Board of Education (1955)
Supreme Court ruled that separate but equal facilities were unconstitutional and segregation based on race in public schools was also unconstitutional. Ordered desegregation of public schools with "all deliberate speed"
Civil Rights Act of 1964
outlawed discrimination based on race, color, religion, sex, or national origin in public accommodations or employment, gave the justice department the ability to issue lawsuits to and Congress the ability to withhold funds from states that didn't comply
Title IX of Education Act of 1972
Prohibited gender discrimination in federally subsidized education programs
Voting Rights Act of 1965
Invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised African Americans
Shaw v. Reno (1993)
Legislative redistricting must be conscious of race and ensure compliance with the Voting Rights Act of 1965
Affirmative Action
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities
Regents of the University of California v. Bakke (1978)
Schools can't use admission quotas and admit students solely on the basis of their race, but can use race as a factor for admission.
Civil Rights Act of 1968
The 1968 Act expanded on previous acts and prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, sex, (and as amended) handicap and family status. AKA fair housing act
