court cases and civil rights

hate. let me tell you how much i've come to hate you since i began to live.

Affirmative Action

policies designed to lower qualifications for minority groups so that they have the same economic and educational opportunities as historically privileged groups (White, etc.)

Students for Fair Admissions v. Harvard

decided that race-based affirmative action programs in college admissions processes violated A-14's equal protection clause

Plessy v. Ferguson

ruled that separate but equal facilities are legal and did not imply inferior treatment to African Americans

Title IX of Education Act of 1972

prohibited gender discrimination in federally funded programs (i.e. schools)

Civil Rights Act of 1964

prohibits discrimination based on race, color, religion, sex, or national origin in public accommodations

Voting Rights Act of 1965

guarantees federal enforcement of laws prohibiting discrimination of voting rights

de facto

type of discrimination present in policies that aren't explicitly discriminatory but have discriminatory results

de jure

type of discrimination present in explicitly discriminatory legislation

Selective incorporation

process in which provisions of the Bill of Rights are applied in the state level — as Bill of Rights did not originally explicitly apply to the states

Tinker v. Des Moines

initiated by students who were suspended for using black armbands as a method of protest against the Vietnam War

Tinker v. Des Moines

involved a violation of A-1's protection of free speech

Tinker v. Des Moines

decided that students have the right to symbolic speech at school as long as it is not disruptive to educational procedures

Engel v. Vitale

initiated by a New York state law requiring public schools to start the day with a nondenominational Christian prayer

Engel v. Vitale

involved a violation of A-1's establishment clause + breach of separation of church and state

Engel v. Vitale

decided that official federal sponsorship of religious activities in school is prohibited under the establishment clause

Wisconsin v. Yoder

initiated when the state fined Amish families for not sending their children to post-8th grade education

Wisconsin v. Yoder

involved a violation of A-1's free exercise clause

Wisconsin v. Yoder

decided that the state's compulsory school attendance law is unconstitutional due to interference with Amish faith

Brown v. Board of Education

initiated when a Black student was forced to attend a Black school instead of the White schools in her vicinity

Brown v. Board of Education

involved a violation of A-14's equal protection clause

Brown v. Board of Education

decided that separate and equal facilities were unconstitutional because of its detrimental effects on Black students' education

Gideon v. Wainwright

initiated when the defendant—who was accused of robbing a pool hall—was tried without a lawyer due to Florida state law

Gideon v. Wainwright

involved A-14's due process clause incorporating A-6's right to counsel clause

Gideon v. Wainwright

decided that the Constitution required state courts to appoint attorneys for defendants, incorporated A-6 into the states

NY Times Co. v. United States

initiated by the Pentagon Papers case—7,000 pages exposing the US' involvement in the Vietnam war—that caused the government to censor the publication to defend national security

NY Times Co. v. United States

involved A-1's freedom of the press vs. prior restraint censorship

NY Times Co. v. United States

decided that freedom of the press was necessary to expose deception in the government, unless it poses a direct and immediate threat to the safety of American forces

McDonald v. Chicago

initiated when a city resident was denied purchase of a handgun due to a city law banning them

McDonald v. Chicago

involved A-14's due process clause incorporating A-2's right to bear arms

McDonald v. Chicago

decided that the Second Amendment applied to the states to defend the right to self-defense

Schenck v. United States

initiated when a Socialist handed out fliers to resist the WWI draft on grounds that it violated A-13's prohibition of involuntary servitude

Schenck v. United States

involved A-1's defense of freedom of speech conflicting with the Espionage Act of 1917 (national security)

Schenck v. United States

decided that wartime circumstances changed the rules of free speech, developed clear and present danger test to determine if free expression threatened national security

Prior restraint

Legal rule established in NY Times v. US, government censorship before publication

Plea bargain

Agreement where defendant pleads guilty to a lesser offense to avoid having to be convicted for a more serious offense

Police powers

Powers of the states to protect the public health, safety, morals, and welfare of the public (ex. drug regulations)

Writ of habeas corpus

A court order that requires police to bring a prisoner to court to explain why they are holding the person

Roe v. Wade

initiated when a Texas woman challenged state laws that criminalized abortion except when used to save a woman's life by doctor's orders

Roe v. Wade

involved A-14's due process clause, and a violation of the implied right to privacy (in A-1, 4 in search and seizure, 5 in self-incrimination, 9, 14 in equal protection)

Roe v. Wade

decided that states could not regulate abortion as it is a matter discussed PRIVATELY between the woman and her physician