Studied by 1 personKey terms
Bill of Rights
Amendments 1 through 10 of the US Constitution
Civil Liberties
Rights that need protection from the government having too much control
Establishment Clause
The Establishment clause prohibits the government from "establishing" a religion.
Free Exercise Clause
A First Amendment provision that prohibits Government from interfering with the practice of religion.
Symbolic Speech
nonverbal, nonwritten forms of communication. Tinker v. Des Moines School District(1969) and Texas v. Johnson(1989)
Limits on Speech
Time, Manner, and place regulations.
When is free speech not protected
When the speech is defamatory, offensive, and obscene gestures
“Clear and Present Danger”
a risk or threat to safety or other public interests that is serious and imminent. especially one that justifies limitation of a right
Prior restraint
The right to stop spoken or printed expression in advance
Second Amendment
Right to bear arms
Fourth Amendment
No unreasonable search and seizure
Eighth Amendment
No excessive bail or cruel unusual punishment
Selective Incorporation
Use the 14th Amendment in case decisions to make the Bill of Rights apply to actions states
Due Process Clause of the 14th Amendment
no state may deprive any person of life, liberty, or property, without due process of law
Miranda Rule
the suspect must be read their rights at the time of the arrest
Public safety exception
Court recognized the need for an exception to Miranda when police must defuse an immediate threat to public safety and declared that this outweighs the fifth amendment privilege against self incrimination.
Right to Legal Counsel
Sixth Amendment, “In all criminal prosecutions, the accused enjoy the right to a speedy trial,….and have the Assistance of Counsel for his defense.”
Right to a Speedy and Public Trial, and Impartial Jury
Sixth Amendment, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed”
Protection Against Warrantless Searches
Fourth Amendment- Forbids illegal searches and seizure, must have a warrant signed by a court
Exclusionary rule
Prosecution cannot use illegally seized evidence in a case
Ninth Amendment
the rights of citizens will be protected whether these rights are listed or not.
Civil Rights
Rights that need protection by the government supporting a specific
National Organization for Women (NOW)
National Organization for Women (NOW). Founded in 1966, called for equal employment opportunity and equal pay for women.
Pro-Life Movement
movement in the United States that opposes induced abortion and advocates for the protection of fetal life.
The civil rights act of 1964
Most comprehensive of all civil rights legislation
Prohibits discrimination in public places
schools
workplace
voting
public accommodations
Created the Equal Employment Opportunity Commission
Withheld federal grants from discriminating institutions
Authorizes suits by the US Justice Department for non-compliance
Title IX of the Education Amendments Act of 1972
Outlaws gender discrimination in education, in athletics as well.
The Voting Rights Act of 1965
○ Legislation that made it easier for African-Americans to vote
○ Prevented discrimination in voting
○ Broke down barriers such as the poll tax
Public Accommodation Laws
It is unlawful for an individual to be denied access or to receive poor service or lesser quality accommodations because of his or her race, color, national origin, sex, pregnancy, disability, familial status or religion.
Majority-Minority Districts
a racial or ethnic minority makes up a large-enough share of the electorate to assure that the community has a reasonable chance to elect the candidate of their choice.
Affirmative Action
Banned discrimination based on race, color, religion
Employers must have goals to increase the number of women and minorities
The goal is to increase employment, opportunities, and protection for groups that have been discriminated against
Note
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