Unit 3

Voting Rights Act of 1965: removed barriers to black enfranchisement in the South, banning poll taxes, literacy tests, and other measures that effectively prevented African Americans from voting; A law designed to help end formal and informal barriers to African-American suffrage

Gideon v. Wainwright: guaranteed the right to an attorney for those who could not afford one; Not allowed an attorney after being arrested for a felony, a Florida state judge told him that the 6th Amendment didn’t apply to him because he wasn’t being charged with a federal crime, therefore the state didn’t have to honor the right to an attorney **clarence gideon said he had the right to “an attorney/ counsel”

Wisconsin v. Yoder: religious freedoms outweighed states' educational interests, deals with free exercise clause, prevented the state of Wisconsin from compelling the respondents to send their children to formal secondary school beyond the age of 14.

Free exercise clause: protects rights for citizens to practice their religion as long as it doesn’t harm anyone; Prevents government interference with religious practices

Establishment clause: prohibits government from establishing a religion; Prohibits government from establishing or promoting a religion

Affirmative action: to address past discrimination and promote diversity by giving special consideration to historically underrepresented groups, such as women and minorities; Policy designed to give special attention to or compensatory treatment for members of a previously disadvantaged group.

Second Amendment: the right to bear arms 

McDonald v. Chicago: expanded the meaning of the Second Amendment to mean the right to keep and bear arms for non-militia purposes., incorporated the 2nd amendment right to bear arms to the states

Fourteenth Amendment: all persons born in the U.S. are citizens and are guaranteed equal protection of the laws, Defines citizenship, extends due process, and guarantees equal protection

Miranda v. Arizona: ruled that an arrested individual is entitled to rights against self-discrimination and to an attorney under the 5th and 6th Amendments of the United States Constitution

Roe v. Wade: eliminated the constitutional right to abortion (overturned); argument about right to privacy; The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. 

Symbolic speech: non-verbal, non written forms of communication, burning a flag

Protected speech v. unprotected speech: speech is protected unless it has intended harm 

Tinker v. Des Moines: students have 1st amendment rights as well; By deciding that school officials cannot censor student speech unless it materially and substantially disrupts the educational process

Sixth Amendment: speedy, public trial, impartial jury, confront witness against you, attorney , know charges; Protects rights of individuals accused of crimes, including right to counsel

Right to privacy – Constitution: there is no explicit mention of privacy in the U.S. Constitution

Exclusionary rule: prevents the government from using most evidence gathered in violation of the United States Constitution; Evidence can't be introduced into a trial if it wasn't constitutionally obtained.

Brown v. Board of Education: established that racial segregation in public schools was unconstitutional; plessey was the precedent “separate but equal”

Fifteenth Amendment: granted all races the right to vote , African american men

Engel v. Vitale: unconstitutional for public schools to lead students in prayer, deals with establishment clause

Slander: public uttering of false statements that harm an person’s reputation; defamation that is spoken

Libel: false written statements attacking someone character; defamation that is written

Fighting Words: abusive, profane,  or indecent words directed at hearer that would prove violence; words that by their very nature inflict injury on those to whom they are addressed 

Sedition: the crime of creating a revolt, disturbance, or violence against lawful civil authority with the intent to cause its overthrow or destruction

First Amendment: freedom of speech, religion, press, assembly, and petition; establishment and free exercise clause 

Eighth Amendment: protection from excessive bail and fines and cruel or unusual punishment (must bear relationship to the crime)

Civil Rights Act of 1964: prohibits discrimination on the basis of race, color, religion, sex or national origin; The law making racial discrimination in hotels, motels, and restaurants illegal and forbidding many forms of job discrimination.

Planned Parenthood v. Casey: equal protection and the right to privacy were the issues in this case, which was decided that minors needed to have parental consent when obtaining an abortion but wives did not need the consent of the husband.; The Court ruled saying they were staying with their first ruling in Roe Vs. Wade, that it was a women's right to privacy if they wanted an abortion and the state could not interfere with that.

Griswold v. Connecticut: the Supreme Court ruled that a state's ban on the use of contraceptives violated the right to marital privacy; Together the 1st, 3rd, 4th, and 9th Amendments (applies by the 14th), create a new constitutional right, the right to privacy in marital relations.

Prior restraint: a form of censorship that allows the government to review the content of printed materials and prevent their publication; Government actions preventing material from being published. Usually prohibited, unless it is an issue of national security

Patriot Act: Following the 9/11 attacks in 2001, Congress passed the USA Patriot Act, which gave the executive branch broad new powers for the wiretapping, surveillance, and investigation of terrorism suspects

**Civil Liberties: constitutional projections against the actions of the government; freedoms we are entitled too; many are found in the Bill of Rights

**Civil Rights: are protections against discrimination- CRA, VRA, ADA, FHA

Selective incorporation theory: SCOTUS has gradually ensured the protection of most BoR freedoms at the state level; lego- selective incorporation and due process

5th Amendment: Grand jury: brings the formal charges; indictment; looks to see if there's enough evidence to warrant a trial-Double jeopardy-Witness against yourself(can't stand witness in your own trial)-Due process (federal)-Eminent domain: gov can take your stuff if they need it and give you fair compensation

6th Amendment: Right to a speedy and public trial; Right to a fair and impartial jury; 6A requires a jury trial in federal cases; state cases may require fewer; Informed of nature/cause of accusation (can request a bench trail); Confront witnesses against you; Assistance of counsel for your defense; ***most cases are settled through plea bargaining