Exam 2 Gov

Civil Rights

protections of citizen equality by the government.

Substantive liberties and procedural liberties

What are the two ways the Bill of Rights puts restrains on the government?

Procedural liberties

Substantive liberties

explicitly said that government shall not____

Procedural liberties

how government is supposed to act, clear expectation for what government should follow in a procedure

Barron v. Baltimore (1833)

construction from a state that lowered the value of Barronʻs property, he claims he is entitled to just compensation. Court ruled bill of rights only applies to federal government not states,

Selective incorporation

the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments

14th Amendment

guarantees citizenship to all people born in the United States, and equal protection under the law

1st Amendment substantive:

freedom of religion, Freedom of speech and Press, assembly, and petition

Establishment clause(1st amendment)

cannot make a national religion

Separation of church and state(1st Amendment)

government cannot endorse one religion over another(all religions have to be treated equally)

Free exercise clause(1st Amendment)

Right to believe whatever you want and practice* what you want

Fighting Words(1st amendment )

Category of speech not protected, Incites a breach of speech or inflicts injury

symbolic speech/speech plus(1st amendment)

combining speech with physical activity such as picketing, distributing leaflets, and other forms of peaceful demonstration or assembly, and burning the Americn flag which is legal

No

Does freedom of speech apply to private entities?

Libel

Print a written statement made in "reckless disregard of the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory"

Slander

Spoken an oral statement made in "reckless disregard of the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory"

What are the four types of speech not protected by the 1st amendment?

Obscenity and Porgnography,

Fighting words,

Commercial speech,

Public school children

2nd Amendment

protects the right to bear arms

4th Amendment

guarantee the security of citizens against unreasonable (i.e., improper) searches and seizures (Requires Reasonable cause)

What amendments are considered DUE PROCESS OF LAW

(AMENDMENTS 4-8)

Exclusionary rule (amendmet 4)

prohibits evidence obtained during an illegal search from being introduced to trial

5th Amendment:

right to grand jury, no person be subject to double jeopardy, right to not be subject to self-incrimination

6th Amendment:

Right to Counsel, speedy trial, confront witnesses before an impartial jury,

Right to Lawyer

In the 6th amendment what is referred to as right to counsel:

Right to face accusers and nature charges (6th Amendment):

Right to know if your under arrest, and a right to know what your being arrested for

7th Amendment

Right to trial by Jury: judgement by jury

8th Amendment:

Excessive bail shall not be required, nor excessive fines imposed or bail, nor cruel and unusual punishment inflicted.

No cruel or unusual punishment:

variation with what constitutes cruel and unusual punishment

Not directly, Although certain amendments do protect right individually

IS there anythign that mentions privacy directly in the bill of rights?

Palko v. Connecticut

What case established selective incorporation with provisions of the Bill of Rights applying to the state governments through the Fourteenth Amendment.

Civil Rights:

guarantees equal opportunity and protection for all citizens through obligations imposed on government power- what government must do to ensure that citizens are treated equally embedded in the Declaration of Independence and the Constitution (right to vote, the right to attend desegregated schools, and the right of people with disabilities to be free from discrimination)

Difference between civil liberties and civil Rights:

Civil liberties are basic personal freedoms established in Bill of RIghts, Civil Rights have evolved over time as different groups have organized and campaigned for new rights, Civil rights require more expansion of government power while civil liberties are described as limitations on government action

Social movements:

Sustained campaigns brought on behalf of disadvantaged populations

Collective action:

large, organized groups are stronger than one person in achieving political change

Equal protection clause:

provision of the Fourteenth Amendment guaranteeing citizens "the equal protection of the laws." This clause has been the basis for the civil rights of African Americans, women, and other groups

Burden of proof:

the responsibility of an individual, organization, or government to provide sufficient evidence in support of a claim in court

Abolitionists:

they viewed slavery as an abomination and were committed to ending it.

Thirteenth Amendment:

Abolished slavery

Fourteenth Amendment:

Guaranteed equal protection and due process under the law

Fifteenth Amendment:

Guaranteed voting rights for Black Men

Reconstruction Amendments

13,14,15

Civil Rights Act of 1866

define citizenship and guarantee equal protection under the law

Jim Crow Laws:

laws enacted by southern states following Reconstruction that discriminated against African Americans

Separate but equal rule:

doctrine that public accommodations could be segregated by race but still be considered equal

strict scrutiny:

a test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional

de jure:

literally, "by law"; refers to legally enforced practices, such as school segregation in the South before the 1960s

de facto:

literally, "by fact"; refers to practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today

Nineteenth Amendment:

Ratified in 1920, all American women were finally guaranteed the right to vote. However, the right to vote for Black women in the South would take many more decades to secure.

Civil Liberties Act of 1988:

a historic piece of legislation in which the federal government formally acknowledged the forced removal and internment of Japanese people as an injustice that had been motivated largely by racial prejudice

Obergefell v. Hodges:

court decision that guaranteed the right to marry to same-sex couples

Deferred Action for Childhood Arrivals (DACA):

a government program intended to allow undocumented immigrants who were brought to the United States as minors to legally remain in the country to study or work

affirmative action:

policies designed to compensate for disadvantages due to past discrimination and to encourage greater diversity.

303 Creative LLC v. Elenis

the Court ruled that a Colorado web designer had the First Amendment right to refuse to create wedding websites for same-sex couples, as compelling her to do so would violate her free speech rights. (civil liberty)

Students for Fair Admissions v. President and Fellows of Harvard College

Petitioner students for fair admission sued Harvard College for its admissions process by claiming it discriminating against asian American applicants. court ruled in favor of petitioner. (Civil right)

Public opinion

the collective attitudes or opinions that people have about policy issues, political events, and elected officials

Values(or beliefs):

make up a person's basic orientation to politics and include guiding principles, not limited to politics but include things like morals, ethics, and aspirations that shape perceptions of government and the economy.

Political ideology:

refers to a set of beliefs and values that form a general framework about government

Attitudes(or opinions):

Views about particular issues,persons,or events

Political Ideology:

set of underlying ideas and beliefs through which people understand and interpret politics(liberalism and conservatism)

Conservative:

today this term refers to those who generally support the social and economic status quo and are suspicious of efforts to introduce new political formulas and economic arrangements; believe that a large and powerful government poses a threat to citizens' freedom

Conservatives:

today this term refers to those who generally support the social and economic status quo and are suspicious of efforts to introduce new political formulas and economic arrangements; conservatives believe that a large and powerful government poses a threat to citizens' freedom

Libertarians:

argue that government policies can interfere with freedom of expression, free markets, and society, and so should be involved as little as possible in both the economy and society, often oppose business- and environmental-regulation measures and gun control and support legalization of drugs and other policies that reduce government interference in private decisions.

argue that more government is necessary to promote justice and reduce economic and social inequality, Democratic socialists; support often oppose business- and environmental-regulation measures and gun control and support legalization of drugs and other policies that reduce government interference in private decisions. This includes free public college, free universal child care, single-payer health care, monthly payments to poor families with children, higher taxes on wealthy people, and protection of workers' rights and unions.

Socialists:

Political socialization:

processes through which our underlying political beliefs and values are formed

Agents of socialization:

social institutions, including families and schools, that help to shape individuals' basic political beliefs and values

Gender Gap:

a distinctive pattern of voting behavior reflecting the differences in views between women and men

winner-take-all politics:

When elected officials pursue policies not aligned with public opinion, it is often because they view particular groups of the electorate as more important than others.

What are the political socialization forces?

social groups and friends, educational environment, and political environment

Ideologies

refers to a set of beliefs and values that form a general framework about government (liberal and conservative)

Marketplace of ideas:

public forum in which ideas are exchanged and compete

3 broad forces that try to shape your attitudes

What are the 3 groups that try to shape your attitudes?

Government, private groups, mass media

Margin of error:

polling error that arises due to the size of the sample

How do you measure public opinion

poll

What is media?

Communication with a goal of conveying information to people

Principled journalism

Being as accurate as possible relying on original sources whenever possible,  being transparent about citing sources, and presenting multiple viewpoints.

complete objectivity

reporting the news without bias(impossible)

Adversarial Journalism:

watchdog reporting in which the media adopt a skeptical or even hostile posture toward the government and public officials.

Citizen journalism

news reporting and political commentary by ordinary citizens and bystanders, advocacy groups, and even crisis coverage from eyewitnesses on the scene, thus involving a wider range of voices in gathering news and interpreting political events.

Journalism of assertion:

publishing or broadcasting information and opinion as quickly as possible, with minimal concern for vetting the information prior to its release.

Journalism of affirmation:

putting forth opinion and information that is consistent with the consumer’s preexisting beliefs.

political commentator

Pundit

Public broadcasting:

television, radio, and digital media that receive partial funding from license fees and government subsidies, US has a smaller role in the nationʻs media and receives very little funding from the government

Agenda setting:

gatekeeping: designating some issues, events, or people as important, and others not

Why are U.S. media companies motivated by audience preferences?

U.S. media companies are motivated by what the audience wants because higher ratings generate more advertising revenue. This financial incentive often leads to a focus on soft news, such as entertainment, sports, and celebrity coverage, rather than hard news.

Soft News

entertainment, lifestyle, celebrities, sports, and human-interest stories.

Hard News

Covers serious topics such as politics, crime, economics, and international affairs. It is fact-driven and aims to inform the public about important events.

Framing:

the process of presenting information from a certain perspective in order to shape the audience’s understanding of that information, Influences HOW people think about issues

Priming:

Preps public to take a particular view, calling attention to some issues, and not others, when reporting on political events and officials, Influnces WHAT people think about issues.

Partisan media:

Media that does not prioritize balance with factual reporting to the same extent as the mainstream media, and instead mixes in opinion-driven journalism.

News Aggregators:

websites that pull together content from a wide range of online sources, providing a very broad perspective(google news,Reddit)

What are the media regulations in the US?

Government does not own the media, or tell the media what to publish, but can regulate the media

Federal Communications Commission (FCC)

independent agency established in 1934 to regulate broadcast media

FCC was able to regulate radio communication especially 6am-10pm(children)

FCC v. Pacifica Foundation (1978)

3 Main Government regulations that effect content of broadcast media

Equal time rule:

Right of Rebuttal:

Fairness Doctrine: (NO LONGER ENFORCED)