gov u3: Civil Liberties and Civil Rights

civil liberties and civil rights

civil rights: protections from discrimination

civil liberties: individual freedoms that should not be infringed upon by the government such as freedom of speech

Civil Rights Act of 1964

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

Voting Rights Act of 1965

Banned any sort of racial discrimination in voting such as literacy tests.

• these became common in Southern states to prevent black people from voting

Establishment Clause

bans the national government from establishing a national religion and favoring a religion over another.

• forms the basis of the separation of church and state.

Free Exercise Clause

One can practice any religion they want to unless it harms other people

clear and present danger test

speech may be restricted if it poses a “clear and present danger” of causing significant harm, such as inciting violence.

• over time, this standard has changed, but it laid the foundation for limits on speech in certain contexts

libel vs slander

libel: written statement meant to tarnish one’s reputation

slander: a spoken statement meant to do the same thing

these are not protected by the freedom of speech clause in 1st amendment

prior restraint

form of censorship by the federal government that allows them to stop something from being published or said

• it is almost always unconstitutional

selective incorporation

process by which the supreme court applies protections from the Bill of Rights to the states on a case by case basis slowly over time

due process clause

found in both the 5th and 14th amendment

• govt cannot deprive a person of “life, liberty, or property” without fair legal procedures

civil disobedience

to not follow laws or rules that one deems unfair/unjust as a form of protest. It has been used by ppl like MLK

Letter from Birmingham Jail

written by MLK while in jail for protesting segregation

• MLK defends strategy of nonviolent civil disobedience, arguing that injustice anywhere is a threat to justice everywhere

• criticizes white moderates for prioritizing order over justice.