Civil Rights & Civil Liberties

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion - Wisconsin v Yoder

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion. - Engle v Vitale

Wisconsin v Yoder

Amish children do not have to go to school until they are 16---they may stop after the 8th grade - Free Exercise Clause

Engle v Vitale

Mandatory prayer in schools is a violation of the establishment clause

Civil Liberties

legal protections for citizens against potential the government that can be found in the Bill of Rights.

McDonald v. Chicago

Incorporated the 2nd Amendment right to bear arms to the states via the 14th amendment due process clause - individuals right to self defense

Gideon v Wainwright

a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

5th Amendment

Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

Selective Incorporation Doctrine

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

Prior Restraint Doctrine

Legal doctrine that gives individuals the right to publish without prior restraint- that is, without first submitting material to a government censor - NY Times v US

Schenck v US

Can limit free speech when there is a "clear and present danger" - "Can't yell fire in a crowded theatre."

Tinker v Des Moines

Students have the right to symbolic speech at school as long as it is not disruptive

Actual malice

Standard that must be met in order to sue for libel

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial - Mapp v Ohio

Brown v Board

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Plessey v Ferguson

1896 court case upholding the constitutionality of racial segregation even in public accommodations, under the doctrine of "separate but equal"

Literacy Test

A test given to persons to prove they can read and write before being allowed to register to vote

Poll tax

A requirement that citizens pay a tax in order to register to vote

24th Amendment

Amendment to the U.S. Constitution (1964) eliminated the poll tax as a prerequisite to vote in national elections.

Civil Rights Act of 1964

1964; banned discrimination in public accommodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment;

Title IX

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." - More women in college and playing sports

Voting Rights Act 1965

Invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised blacks.

Reconstruction Amendments

13-15 amendments

King's Letter from Birmingham Jail

Famous response justifying civil disobedience - "Injustice anywhere is a threat to justice everywhere."

Bakke v California

Supreme Court case dealing with affirmative action that ruled that affirmative action programs in principle are constitutional, but that a strict quota system was illegal. Race could also be used as a factor in admissions.

NJ v TLO

Fourth Amendment/reasonable suspicion, schools have the ability to search students as they must maintain a safe school environment

Griswold v. Connecticut

Right to privacy case along with Roe v Wade

First Amendment

5 freedoms: speech, press, religion, assembly, petition

Morse v. Frederick

A student at a local high school hung up a banner saying "Bong Hits 4 Jesus" which advertises the use of marijuana. The principal ordered that the banner be taken down and the student be suspended. Result: School officials can prohibit students from promoting the use of drugs and does not violate the student's 1st A rights.