Unit 3: Civil Liberties and Civil Rights

Key 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