Civil Liberties and Civil Rights Flashcards

Key vocabulary and concepts from the Civil Liberties and Civil Rights lecture notes.

Bill of Rights

The first 10 amendments to the Constitution ratified in 1791, designed to protect citizens from abuse of government power and discrimination.

Barron v. Baltimore (1833)

Supreme Court case that initially determined the Bill of Rights only restricted the national government, not state governments.

Gitlow v. New York

Supreme Court case that overturned Barron v. Baltimore, citing the 14th Amendment's restrictions on the states, particularly concerning freedom of speech and press.

Selective Incorporation

The process by which the Supreme Court applies the Bill of Rights to the states on a case-by-case basis through the 14th Amendment.

Clear and Present Danger Test

A legal doctrine that limits freedom of speech when it poses a clear and immediate threat to public safety or national security.

Preferred Position Doctrine

A legal doctrine followed since the 1940s, stating that any limits on free speech must be due to severe and imminent threats to the nation.

Schenck v. United States (1919)

Supreme Court case that upheld the conviction of a socialist for distributing leaflets urging men not to enlist in the military, ruling his speech posed a 'clear and present danger' during wartime.

Tinker v. Des Moines (1969)

Supreme Court case that protected the free speech rights of students in public schools, allowing them to wear black armbands to protest the Vietnam War as long as it did not cause a substantial disruption.

Prior Restraint

Government censorship of news or media content before it is published or broadcast, which is generally disfavored by the courts.

Miller v. California (1973)

Supreme Court case that established a three-part obscenity test to determine if something lacks constitutional protection.

New York Times v. United States (1971)

Supreme Court case that ruled the newspapers could publish the Pentagon Papers because the government had not met the heavy burden necessary to enact prior restraint, even in cases involving national security.

Freedom of Assembly

The right of people to gather peacefully. This right is not absolute. The government can restrict crowd gatherings if applied equally to all groups and groups must not interrupt day-to-day life.

Freedom of Association

The right to associate with groups; the government cannot restrict groups people belong to as long as they do not threaten national security.

Establishment Clause

The clause in the First Amendment that prohibits the government from establishing a state religion.

Free Exercise Clause

The clause in the First Amendment that protects individuals' rights to practice their religion freely.

Lemon Test

A three-part test derived from Lemon v. Kurtzman (1971) to determine if a law violates the Establishment Clause, asking if the law has a secular purpose, is neutral towards religion, and avoids excessive entanglement between church and state.

Engel v. Vitale (1962)

Supreme Court case that ruled school-sponsored prayer in public schools violates the First Amendment's Establishment Clause.

Wisconsin v. Yoder (1972)

Supreme Court case that ruled Amish families could take their children out of school after the eighth grade, based on the Free Exercise Clause.

McDonald v. Chicago (2010)

Supreme Court case that ruled states cannot impede their citizens’ rights to keep and bear arms, under the Second Amendment and the Fourteenth Amendment's due process clause.

United States v. Lopez (1995)

Supreme Court case that ruled the Gun-Free School Zones Act of 1990 was unconstitutional because it did not relate to commerce, limiting Congress's power under the Commerce Clause.

Fourth Amendment

Restricts government agencies in criminal/civil procedural investigations, protects a person's belongings from "unreasonable searches and seizures".

Exclusionary Rule

Illegally seized evidence that cannot be used as evidence.

Fifth Amendment

Protects a citizen from the broad powers of the federal government with the guarantee of a grand jury, prohibition of double jeopardy, and the right to due process.

Self-Incrimination

Defendant cannot be forced to testify at a trial. Defendant must be informed of their right to remain silent, their right to a lawyer, and protection against self-incrimination when they arrested and 'Mirandized'

Gideon v. Wainwright (1963)

Supreme Court case that established that states must provide legal counsel to indigent defendants in felony cases.

Sixth Amendment

Right of accused to be prosecuted by an impartial jury, right to be informed of charges, confront witnesses, subpoena witnesses for defense, and have a lawyer.

Habeas Corpus

Protects against illegal imprisonment, ensures a person cannot be held indefinitely without being charged in front of a judge/in court or without a legal reason to extend detention

Eighth Amendment

Bans excessive bail/fines and cruel or unusual punishments.

Cruel and Unusual Punishment

Prohibited by the 8th Amendment. The Court has placed limits on its applications which has been the cause of debate over the death penalty.

Ninth Amendment

Rights not mentioned in the Constitution are still protected. Implied right to privacy and other rights.

Implied Right to Privacy

A right inferred from several amendments in the Bill of Rights (1st, 3rd, 4th, 5th, 9th, and 14th) that protects individuals from government intrusion into their private lives.

Thirteenth Amendment

Made slavery illegal and prohibited indentured servitude.

Fourteenth Amendment

Declared that all people born in the US were citizens and entitled to equal rights, protected by due processes.

Fifteenth Amendment

Banned laws that prevented African Americans from voting based on race/history of enslavement.

Jim Crow Laws

Segregationist laws enacted in the Southern states to disenfranchise and discriminate against African Americans.

24th Amendment

Outlawed poll taxes.

Civil Rights Act of 1964

Increased rights of African Americans + other minorities, gave the federal government more ways of enforcing the law. Banned discrimination in public areas and government-funded programs and prohibited discrimination in hiring based on color and gender.

Voting Rights Act of 1965

Designed to counteract voting restrictions in the South and authorized the federal government to register voters in areas with discriminatory practices.

Brown v. Board of Education (1954)

Supreme Court case that ruled state-sponsored segregation in public schools was unconstitutional.

Affirmative Action

Policies designed to create special employment and educational opportunities for minorities and women, but that are often controversial due to arguments of reverse discrimination.

19th Amendment

Granted women the right to vote.

Equal Pay Act of 1963

Made it illegal to base pay on race/gender/religion/national origin.

Title IX, Higher Education Act (1972)

Prohibits gender discrimination by institutions of higher education that are government-funded, used to force increase funding of women-only programs.

Age Discrimination Act of 1967

Prohibits discriminatory hiring based on age with an exception for jobs where age is essential to job performance.

Twenty-Sixth Amendment

Allowed 18-year-olds to vote.

Americans with Disabilities Act of 1990

Requires businesses with >24 employees to make their offices accessible to disabled and requires wheelchair-accessible public transportation and new offices, hotels, and restaurants