unit 3: civil liberties and civil rights

bill of rights

name the first ten amendments

civil rights

rights provided by the government against discrimination for being part of a certain group

civil liberties

rights meant to protect people against mistreatment by the government

selective incorporation

a federal doctrine that uses the fourteenth amendment to apply constitutional provisions to state and local governments

dc v. heller

court ruled that dc's ban on handguns violated heller's 2nd amendment rights

mcdonald v. chicago

court held that the right of an individual to "keep and bear arms" protected by the 2nd amendment is incorporated by the due process clause of the 14th amendment and applies to the states. decision cleared up the uncertainty left after dc v. heller & the scope of gun rights concerning the states

lemon v. kurtzman / lemon test

test for determining the constitutionality of government programs and laws under the establishment clause: must have a legit legislative purpose (not inherently religious), primary effect must not be to advance or inhibit religion, must not endorse a single religion

free exercise clause

a first amendment provision that prohibits the government from interfering with the exercise of religion/religious practices

establishment clause

a first amendment provision that prohibits the government from establishing/endorsing an official religion

engel v. vitale

school-sponsored prayer violates the establishment clause of the 1st amendment, government cannot endorse a single religion

wisconsin v. yoder

state's requirement that parents send their children to school until age 16 violates the free exercise clause of the 1st amendment, as it interferes with the religious beliefs of the amish

pure speech

the verbal expression of thought and opinion before an audience that has chosen to listen

slander

speed that isn't true and can harm someone's reputation

libel

a published false statement that is damaging to a person's reputation; a written defamation

fighting words

profanity, obscenity, and threats

obscene speech

lewd, filthy, or disgusting words/pictures

symbolic speech

conveying an idea or message through behavior

time, place, and manner restrictions

government regulations that place restrictions on free speech (specifying when/where/in what way speech is allowed), applied when unrestricted free speech will conflict with the rights of others

prior restraint

government censorship of information before it is published or broadcasted

schenk v. us

schenk's conviction under the espionage act because of his criticism of the draft didn't violate the his 1st amendment rights; created the precedent that free speech is not protected if it presents a clear and present danger

new york times v. us

prior restraint (preventing the publication of the paper) is unjustified unless it will inevitably and directly put american troops in danger

tinker v. des moines

courts ruled that students do not lose their constitutional rights when they enter the school but their rights can be limited if they disrupt the learning environment

brandenburg v. ohio

the 1st amendment right to assembly is protected, even if it is from a hate group. gov can't punish or prohibit inflammatory speech unless it is likely to incite imminent lawless action

texas v. johnson

flag burning is protected by the 1st amendment

search warrant

a court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence, requires probable cause to obtain one

probable cause

reasonable grounds for issuing a search warrant or making an arrest; more than reasonable suspicion but less than proof beyond moral certainty

reasonable suspicion

any information that points to illegal activity

mapp v. ohio

established the exclusionary rule (evidence seized illegally cannot be used in court)

what are exceptions to getting a search warrant?

"wingspan" rule (excluding phone), quick pat down of suspect w/ reasonable suspicion, consent from suspect, plain sight, vehicle searches, protective sweep search, border/airport searches

new jersey v. tlo

court held that while the 4th amendment still prohibits unreasonable searches and seizures for public school officials, they can conduct reasonable warrantless searches of students without the probable cause that would normally be required for searches under the 4th

gideon v. wainwright

the 6th amendment right to a lawyer in criminal cases extends from federal to state cases as well. used the 14th amendment to incorporate because it is considered a fundamental right.

miranda v. arizona

the 5th amendment requires that law enforcement officials advise suspects of their right to remain silent and right to an attorney ONLY when they are being interrogated while in police custody

eminent domain

the right of a government seize private property for public use, with payment of compensation

double jeopardy

being tried twice for the same crime, prevented by the fifth amendment

self incrimination

when an individual accused of a crime is compelled to be a testify against himself or herself in court, prevented by the fifth amendment

roe v. wade

the due process clause of the 14th amendment protects an individual's right to privacy and therefore a woman's right to terminate her pregnancy by abortion

dobbs v. jackson women's health organization

overturned roe v. wade; ruled that the constitution didn't mention abortion and the right is neither deeply rooted in the nation's history nor an necessity of "ordered liberty."

rational basis

the lowest level of scrutiny applied by courts deciding constitutional issues through judicial review, determines if a policy uses reasonable means to achieve a legitimate government goal

intermediate scrutiny

the intermediate standard used by the courts to decide cases of discrimination based on gender and sex; law must advance "an important government objective" and be "substantially related" to the objective

strict scrutiny

the highest supreme court test to see if a law denies equal protection to minorities; determines if the law serves a compelling state interest and is narrowly tailored to achieve that goal (restricts individual rights the least)

equal protection clause

fourteenth amendment clause that prohibits states from denying equal protection to every citizen, has been used to combat discrimination

plessy v. ferguson (1896)

a test case organized by african americans in new orleans to challenge louisiana's jim crow laws. homer plessy (7/8 caucasian) tried to sit in an all white railroad car and was arrested as an african american. supreme court ruled that louisiana's laws were constitutional under the 14th amendment because "social prejudices can't be overcome by legislation." established the doctrine "separate but equal."

de facto segregation

segregation by unwritten custom or tradition

de jure segregation

segregation by law

civil rights act

(1964) gave citizenship to african americans, banned discrimination in public acomodations/federal programs/most places of employment/schools, enlarged federal powers to protect voting rights

voting rights act

(1965) banned literary/knowledge tests at polling places and allowed the federal government to oversee voter registration

letter from birmingham jail

a letter written by martin luther king jr after he had been arrested when he took part in a nonviolent march against segregation, saying that they could not wait any longer and encouraging non-violent protesting

brown v. board of education (1954)

oliver brown tried to enroll his daughter linda in a closer and less dangerous all white school. he was denied and sued. the supreme court overruled plessy v. ferguson and declared that racially segregated facilities are inherently unequal. ordered all public schools desegregated.

title ix

one of the amendments to the education act (1972), prohibiting sex discrimination in schools receiving financial aid. increased female participation in sports.

equal rights amendment

constitutional amendment passed by congress but never ratified that would have banned gender discrimination

ada

americans with disabilities act (ada) (1990) protects those with physical/mental impairments against discrimination in the workplace and improved access to public services; unfunded mandate

obergefell v. hodges

court ruled that because there are no differences between a same-sex union and an opposite-sex union, banning gay marriage violates the 14th's due process & equal protection clauses. the banning of same-sex couples' marriage would deny them equal protection under the law.

affirmative action

policies designed to redress past discrimination against women and minority groups through special measures to improve their economic and educational opportunities

regents v. bakke (1978)

allan blakke was rejected from a university, but argued his academic record was superior to a group of minorities the university accepted. the court agreed that the quota system violated his 14th amendment rights under the equal protection clause, but also affirmed the legitimacy of the goal of increasing minority stunned enrollment (left opportunities for affirmative action without strict quotas)

gratz v. bollinger / grutter v. bollinger (2003)

case that attempted to define the limits of allowed affirmative action. jennifer gratz had been rejected from a university that used a points system. some points were granted to underrepresented ethnicities. the court ruled that using the points system was unconstitutional but didn't strike down the use of race/ethnicity as one of the many factors in admissions. later in grutter, the court affirmed the use constitutional use of race as a factor as long as the school could prove it had a compelling interest to do so (ensuring a diverse student body was a compelling reason)

idea

individuals with disabilities education act (1990) requires that a free appropriate public education be provided to all students, regardless of their disabilities