Studied by 2 people
Abington School District v. Schempp
Prayer in classrooms was determined to violate the First Amendment.
Affirmative Action
A policy in educational admissions or job hiring that gives attention to disadvantaged groups to overcome past discrimination.
Argersinger v. Hamlin
No person may be imprisoned for any offense (petty, misdemeanor, or felony) unless represented by counsel at trial.
Bad Tendency
A test which permits restriction of speech by government if it is believed that a form of speech has a sole tendency to cause illegal activity
Bethel School District v. Fraser
School officials can decide what manner speech is appropriate for school sponsored activity.
Bill of Rights
First 10 amendments
Brown v. Board of Education
Segregation violates the "Equal Protection" Clause of the Fourteenth Amendment.
Clear & Present Danger
Government can interfere with speech if it will lead to evil or illegal acts.
Censorship
Restricting access to ideas and information
Civil Liberties
Constitutionally guarantees and freedoms that protects citizens, opinions, and property against arbitrary government interference.
Civil Rights
Individual's rights as a citizen to participate free from discrimination or persecution.
Defamatory Speech
False speech outside First Amendment protection that damage a person's character or reputation. (unprotected by constitution)
Discrimination
Unequal treatment of equals.
District of Columbia v. Heller
Individuals have a right to own and possess firearms
Due Process Clause
14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
8th Amendment
No cruel or unusual punishment
Eminent Domain
Power of a government to take private property for public use.
Engel v. Vitale
Banned formal prayer in schools, government would not make any religion the 'official' religion.
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law
Escobedo v. Illinois
Ruled that the right of lawyer exists at time of questioning.
Espionage Act
Gave the government new ways to combat spying
Establishment Clause
First Amendment ban on laws "respecting an establishment of religion"
Exclusionary Rule
Prevents evidence obtained by illegal search from being used against the accused.
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process
Fighting Words
Speech intended to incite violence
1rst Amendment
Freedom of speech
4th Amendment
Protection against Unreasonable Search and Seizure
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
Free-Exercise Clause
First Amendment requirement that law cannot prevent free exercise of religion
Gideon v. Wainwright
Ruled that guarantee of the right to counsel allows poor defendants access to state-paid attorneys.
Gitlow v. New York
Speech restricted if possessed a "bad tendency," or a sole tendency to incite or cause illegal activity.
Griswold v. Connecticut
Prohibiting contraceptives use or advice on their use by a third party invades privacy and is unconstitutional.
Hate Speech
A form of profanity meant to degrade, intimidate, or dehumanize groups of people
Incorporated Rights
All aspects of the amendment are applicable to states (1rst, 2nd, & 4th)
Intermediate Scrutiny Test
Equal protection test used by the Supreme Court that requires the government to prove that the use of classifications such as age, gender, or race is substantially related to an important government objective.
Kuhlmeier v Hazelwood
Public officials, not students, control editorial content of school newspaper as an education tool.
Lemon Test
Three-pronged rule used by the courts to determine whether the establishment clause is violated
Martin Luther King Jr Letter from Birmingham Jail
Any law that uplifts human personality is just. Any law that degrades human personality is unjust.
Libel
Written defamation
Liberal Position on Affirmative Action
They believe the gov't should use affirmative action to help
Conservative Position on Affirmative Action
They believe Affirmative Action does not help combat disadvantaged groups overcome past discrimination
Liberal Perspective on Gun Control
They are for strict regulation
Conservative Perspective on Gun Control
They are for more lenient regulation
Libertarians Concerns Regarding Security & Liberty
They believe government should only be involved when it comes to national security & they believe in maximizing political freedom
Statists Concerns Regarding Security & Liberty
They believe that the government should have most control in order to protect the nations security at the cost of peoples liberty
Mapp v. Ohio
Evidence obtained by an illegal search and seizure is invalid in court.
McDonald v. Chicago
Incorporated the 2nd Amendment right to bear arms to the states
Morse v. Frederick
School officials could prohibit students from displaying messages that undermine the school's mission. (Bong Hits 4 Jesus)
NAACP v. Alabama
Organizations do not have to give a list of members to the government
Near v. Minnesota
Government cannot censor content before its publication regardless of how scandalous they might be
New Jersey v. TLO
School officials may conduct warrantless searches of students with reasonable suspicion.
New York Times v. US
Supreme Court dealt with the issue about state's power to prohibit publication of official documents. (Pentagon Papers)
9th Amendment
Citizens entitled to rights not listed in the Constitution
Plessy v. Ferguson
"separate but equal" doctrine supreme court upheld the constitutionally of jim crow laws
Post Restraint
Holding people accountable for published works.
Presser v. Illinois
The states may forbid private armies.
Prior Restraint
Allowing government to review the content of printed materials and prevent their publication.
Probable Cause
Reasonable grounds (for making a search, pressing a charge, etc.).
Rational Basis Test
The lowest-level standard used by the Supreme Court to determine whether a law is compatible with the Constitution
Reasonable Suspicion
Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity
Right to Privacy
Protection from interference with the private sphere of a person's affairs. (Doesn't say in Constiution)
Roe v. Wade
Legalized abortion
Judiciary Branch & Minority Rights
Insulation (or protection) makes the judiciary branch the primary guardian of minority rights.
Legislative Branch on Civil Rights
Legislative branch enacts laws to overcome local and state obstructions. •Civil Rights Act of 1964 - Prohibited discrimination in employment and established the Equal Employment Opportunity Commission.
2nd Amendment
Right to bear arms
Seditious Speech
Speech directing an overthrow of government. (unprotected by constitution)
Segregation
Separation of people based on racial, ethnic, or other differences
7th Amendment
Right to a trial by jury in civil cases
6th Amendment
The right to a Speedy Trial by jury, representation by an attorney for an accused person
Slander
Spoken falsehood
Strict Scrutiny Test
A test applied by the court when a classification is based on race; the government must show that there is a compelling reason for the law and no other less restrictive way to meet the interest
Symbolic Speech
Nonverbal communication protected by the first amendment.
10th Amendment
Powers not given to federal government go to people and States
Tinker v. Des Moines
Students have the right to symbolic speech at school as long as it is not disruptive
US v. Miller
States can restrict types of weapons that would not be used by an individual in a militia
USA Patriot Act
Dramatically lowered probable cause threshold for obtaining intelligence warrants.
Wisconsin v. Yoder
Amish do not have to attend school after 8th grade - right to freedom of religion
Note
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