civil rights Flashcards
(72 cards)
bill of rights
the first 10 amendments added to the constitution within three years of it’s ratification
civil liberties
protections from the abuse of government power
civil rights
protections from discrimination based race, gender or minority status
selective incorporation
the idea that the bill of rights has been applied to the state laws on a case by case basis
which rights have not been incorporated and thus restricted by the states?
3rd, 5th, and 7th amendment
first amendment
freedom of speech, press, petitioning government, assembly, religion
are the rights in the first amendment absolute?
no they are not and be limited in the interest of greater public good
clear and present danger test
the idea that if speech poses a clear and present danger, it is not protected under amendment 1
Schenck vs. United States
- Schenck was passing out leaflets telling people to not join the draft
- was put on trial and because his words posed a clear and present danger to national security, he lost the trial
slander
spoken defamation
libel
written defamation
what does unprotected speech include?
false defamatory speech, obscenity, speech that incites violence
why can you burn the american flag?
preferred position doctrine
freedom of speech is fundemental to liberty so limits on speech must be severe threats to the nation
tinker v. des moines
-john and mary beth tinker wore black armbands to school to protest vietnam war and got suspended
-first amendment was in question whether or not it applied since it protects minors at school in certain cirumstance
-court held that students speech wwas procteced by amendment 1 as longa s it didn’t violate specific constitutional regulations and di not cause a substantial disruption
prior restraint
the ability of the government to strike parts of an aritcle or block it before it’s publication
shield laws
protect reporters from being jailed if they choose not to reveal their sources
three part obscenity test
-would the average person think this appeals to people’s sexual instincts
- does the work lack other value or is it art, political, scientific
-does it depict sexual behavior
new york times v. united states
-pentagon papers got leaked to nyt and government sued the nyt when they drafted an article abt it
-government claimed releasing this violated espionage act of 1917 and could therefor use prior restraint
-supreme court held that nyt could release the pentagon papers since the government didn’t really prove much
-this case enacted a heavy presumption against prior restraint in the supreme court
freedom of association
freedom to join as many groups as you want about whatever you want as long as it poses no risk to national security
letter from a birmingham jail
-letter written by mlk that discussed the movement he was leading and explained the paradox created by them following just laws and breaking injust laws
-this piece called for a new approach, to cause tension that would make the government notice them
establishment clause
prevents the government from establishing a state religion
free exercise clause
government may not prevent people from practicing their religion
-as long as no harm is being done to others
lemon test
-does the law have a secular purpose
-does the law neither promote nor discourage religion
-does the law avoid excessive entanglement of the government and religious institutions
