Unit 3: Civil Rights and Civil Liberties Test Review

Schenck v. United States

1st Amendment case concerning freedom of speech where Schenck protested the draft.

Clear and Present Danger

A standard set in Schenck v. United States for limiting speech that presents an immediate danger.

Tinker v. Des Moines Independent Community School District

1st Amendment case protecting student symbolic speech when Tinkers wore armbands.

Symbolic Speech

Expression using symbols or actions, protected under the 1st Amendment.

New York Times Co. v. United States

1st Amendment case involving freedom of the press and prior restraint on the Vietnam War.

Prior Restraint

Government action that prohibits speech or other expression before it can take place.

Engel v. Vitale

1st Amendment case ruling that school-sponsored prayer violates the Establishment Clause.

Establishment Clause

1st Amendment clause prohibiting the government from establishing a religion.

Wisconsin v. Yoder

1st Amendment case ruling that Amish children cannot be compelled to attend school beyond 8th grade.

Free Exercise Clause

1st Amendment clause protecting individuals' rights to practice their religion.

McDonald v. Chicago

2nd Amendment case ruling that the right to bear arms applies to states through the 14th Amendment.

Selective Incorporation

Process by which the Supreme Court applies federal Bill of Rights protections to state laws.

Gideon v. Wainwright

6th Amendment case ruling that states are required to provide legal counsel to defendants.

Due Process Clause

Clause in the 14th Amendment prohibiting states from depriving any person of life, liberty, or property without due process.

Brown v. Board of Education

14th Amendment case ruling that racial segregation in public schools is unconstitutional.

Civil Liberties

Fundamental rights and freedoms protected from government infringement.

Civil Rights

Protections from discrimination based on group membership.

Equal Protection Clause

Clause of the 14th Amendment used to prevent discrimination in various forms.

Freedom of Expression

The right to express one's ideas and opinions freely through speech, writing, and other forms of communication.

Exclusionary Rule

Legal principle that holds evidence collected in violation of a defendant's constitutional rights is inadmissible in court.

Miranda Rights

Rights stated to a detainee, including the right to remain silent and to an attorney.

Amendment

A change or addition to a legal or statutory document.

Civil Rights Act of 1964

Legislation prohibiting racial segregation in schools and public places.

Voting Rights Act of 1965

Legislation outlawing literacy tests and authorizing federal oversight of voter registration.

Title IX

Legislation that prohibits sex discrimination in federally funded education programs.

13th Amendment

Constitutional amendment that abolished slavery.

14th Amendment

Constitutional amendment granting citizenship and guaranteeing equal protection under the law.

15th Amendment

Constitutional amendment that granted voting rights to African American men.

19th Amendment

Constitutional amendment that granted voting rights to women.

24th Amendment

Constitutional amendment that prohibits poll taxes in federal elections.

Affirmative Action

Policies that take factors including race, color, religion, gender, or national origin into account to benefit an underrepresented group in areas such as education and employment.

Difference between Civil Rights and Civil Liberties

Civil rights are the protections against discrimination based on group membership, while civil liberties are basic freedoms guaranteed by the Bill of Rights, such as freedom of speech and the right to privacy.

Purpose of the Letter from a Birmingham Jail

Aimed towards the white clergymen of Birmingham, Alabama, this letter was meant to articulate the importance of nonviolent protest against racial segregation and explain the urgency of civil rights activism in the face of injustice.

Difference between Exclusionary Rule and Probable Cause

The Exclusionary Rule prevents illegally obtained evidence from being used in court, while Probable Cause is the legal standard that law enforcement must meet before making an arrest or conducting a search.

What constitutional principle did Plessy v. Ferguson (1896) establish?

The ruling upheld the 'separate but equal' doctrine, legitimizing racial segregation.

What was the constitutional question addressed in Brown v. Board of Education (1954)?

The case challenged racial segregation in public schools, ultimately ruling it unconstitutional and overturning Plessy v. Ferguson.

What issue was at the center of Miranda v. Arizona (1966)?

The case focused on the protection of self-incrimination and the right to counsel, leading to the establishment of Miranda rights.

What precedent was set by Roe v. Wade (1973)?

The ruling recognized a woman's constitutional right to privacy, including the right to choose to have an abortion.

What was the impact of Gideon v. Wainwright (1963)?

The ruling extended the right to legal counsel to defendants in state courts under the Sixth Amendment.

What was the constitutional question addressed in Engel v. Vitale (1962)?

The case questioned whether school-sponsored prayer violates the Establishment Clause of the First Amendment.

What precedent was set by Engel v. Vitale (1962)?

The ruling established that government-sponsored prayer in public schools is unconstitutional, reinforcing the separation of church and state.

What did Wisconsin v. Yoder (1972) address constitutionally?

The case examined whether Amish children could be compelled to attend school past the eighth grade, considering religious freedoms.

What precedent was established in Wisconsin v. Yoder (1972)?

The ruling protected the rights of parents to educate their children in accordance with their religious beliefs, exempting Amish families from compulsory schooling beyond eighth grade.

What constitutional issue was raised in Schenck v. United States (1919)?

The case raised questions about the limits of free speech during wartime and whether it could be restricted when it poses a clear and present danger.

What precedent was set by Schenck v. United States (1919)?

The ruling established the 'clear and present danger' test for determining when speech can be limited.

What constitutional question was central to Tinker v. Des Moines (1969)?

The case addressed whether students in public schools have the right to free speech, specifically regarding symbolic speech.

What was the precedent established in Tinker v. Des Moines (1969)?

The ruling protected students' right to wear armbands in protest, affirming that free speech rights extend to students in public schools as long as it does not disrupt the educational process.

What constitutional principle was at stake in New York Times Co. v. United States (1971)?

The case dealt with the issue of prior restraint and freedom of the press protected by the First Amendment.

What precedent was established by New York Times Co. v. United States (1971)?

The ruling reinforced that the government cannot impose prior restraint on the press unless a compelling justification is presented, thus affirming robust protections for freedom of the press.

What does the Establishment Clause prevent in Engel v. Vitale (1962)?

It prohibits government endorsement or support of religious activities in public settings, including schools.

How did Wisconsin v. Yoder (1972) affect religious education?

It acknowledged the rights of religious groups to educate their children in accordance with their beliefs, limiting state influence over such choices.

What is significant about the 'clear and present danger' test from Schenck v. United States (1919)?

It serves as a legal standard to evaluate when free speech can be lawfully restricted due to immediate threats.

What implications did Tinker v. Des Moines (1969) have for student rights?

The case affirmed that students do not shed their constitutional rights at the schoolhouse gate, emphasizing the importance of free expression.

What impact did New York Times Co. v. United States (1971) have on governmental power?

It limited the government's ability to censor the press, ensuring that the media can operate without fear of prior restraint.

How does Engel v. Vitale (1962) relate to modern discussions on religious expression in schools?

The case continues to influence debates on the balance between individual religious rights and state neutrality in education.

What constitutional question was addressed in McDonald v. Chicago (2010)?

The case questioned whether the Second Amendment right to keep and bear arms applies to state and local governments through the Fourteenth Amendment.

What precedent was established by McDonald v. Chicago (2010)?

The ruling confirmed that the Second Amendment's right to bear arms is applicable to the states, thereby expanding individual gun ownership rights.