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Flashcards in Civil Rights and Civil Liberties Deck (102):
1

Selective Incorporation

The Supreme Court applying he Bill of Rights to state law on a case-by-base basis

2

Freedom of Speech

Ability of a person to freely speak out (1st Amendment)

3

Clear and Present Danger Test

A person is not allowed to falsely scream out words that incite panic without there being an actual threat

4

Preferred Position Doctrine

Reflects the Court's belief that freedom of speech is fundamental to liberty; therefore, any limits must address severe, imminent threats to the nation

5

Schenck v. United States (1919)

Established the clear and present danger test as prohibited speech

6

Gitlow v. New York (1925)

Created the Bad Tendency Doctrine (holds that speech could be restricted even if it only has a tendency to lead to illegal action) and also incorporated freedom of speech into state governments

7

Tinker v. Des Moines (1969)

Court ruled that schools cannot deny students their constitutional rights when they set foot on public school grounds

8

Bethel School District v. Fraser (1986)

Gave public school officials the authority to suspend students for speech that is considered lewd or indecent

9

Hustler Magazine v. Falwell (1986)

Parody is not an actionable offense

10

Texas v. Johnson (1989)

Established that burning the American flag is an example of permissible free speech

11

Morse v. Frederick (2007)

Court ruling in which students' free speech was limited (Frederick's free speech rights were not violated by his suspension)

12

Citizens United v. Federal Election Commission (2010)

Established that corporations have a 1st Amendment right to expressly support political candidates for Congress and Presidency

13

Freedom of the Press

Ability for a person to write anything they want to

14

Prior Restraint

Government's efforts to prevent publication on important matters (struck down by Supreme Court)

15

Shield Laws

Laws that protect reporters in state cases

16

Miller v. California (1973)

Established a three-part obscenity test (Would a normal person judge it to be explicit?, Does the work lack other value?, Does the work depict sexual behavior offensively?)

17

Near v. Minnesota (1931)

Established that state injunctions to prevent publication violate the freedom of the press

18

New York Times v. Sullivan (1964)

Ruled that if a newspaper prints a false article that they thought to be true at the time, they have not committed libel

19

New York Times v. U.S. (1971)

Executive efforts to prevent publication violate the 1st Amendment

20

Hazelwood School v. Kuhlmeier (1988)

Held that school officials have sweeping authority to regulate free speech in student-run newspapers

21

Freedom of Assembly

Ability to form groups and protest peacefully

22

Freedom of Association

The government may not restrict the number or type of groups or organizations people belong to, provided those groups do not threaten national security

23

Thornhill v. Alabama (1940)

Ruled that unions were not unlawful

24

Cox v. New Hampshire (1941)

Cities and towns could legitimately require parade permits in the interest of public order

25

Lloyd Corporation v. Tanner (1972)

Ruled that protesters have substantially fewer assembly rights in malls and other private establishments

26

Boy Scouts of America v. Dale (2000)

Allows private organizations to the right of expressive association, meaning they can choose their own membership and expel members based on sexual orientation even if there is legislation that prohibits it

27

Freedom of Religion

Right of a citizen to practice their own religion (Court weighs right to expression over society's needs)

28

Lemon Test

Three part test that helps to decide whether a law violates the Establishment Clause (Does the law have a secular, rather than religious, purpose?, Does the law neither promote nor discourage religion?, Does the law avoid excessive entanglement of the government and religious institutions?)

29

Engel v. Vitale (1962)

Prohibited state-sponsored recitation of prayer in public schools

30

Abington School Dist. v. Schempp (1963)

Forbids state-mandated reading of the Bible or recitation of prayer in public schools

31

Epperson v. Arkansas (1968)

Prohibited states from banning the teaching of evolution in public schools

32

Lemon v. Kurtzman (1971)

Deals with state laws intending to give money to religious schools or causes (Lemon Test is used to determine such laws)

33

Wisconsin v. Yoder (1972)

Held that parents may remove children from public school for religious reasons

34

Employment Division v. Smith (1990)

States may accommodate otherwise illegal acts done in pursuit of religious belief, but are not required to do so

35

Weeks v. United States (1914)

Established the exclusionary rule (Illegally obtained evidence cannot be used in court)

36

Powell v. Alabama (1932)

State governments must provide counsel in cases involving the death penalty to those who cannot afford it

37

Betts v. Brady (1942)

Established that state governments did not have to provide lawyers to indigent defendants in capital cases

38

Mapp v. Ohio (1961)

Extended the exclusionary rule to the states

39

Gideon v. Wainwright (1963)

All state governments must provide an attorney in all cases for those who cannot afford one (threw out Betts v. Brady)

40

Escobedo v. Illinois (1964)

Held that any defendant who asked for a lawyer had to have one granted to him (or any confession garnered after that point would be inadmissible in court)

41

Miranda v. Arizona (1966)

Found all defendants must be informed of all of their legal rights before they are arrested

42

Self-Incrimination

Protection stating that a person cannot be forced to testify against themselves in their own trial

43

Fourteenth Amendment

Right to due process

44

Fourth Amendment

Limits the power of the government to search for evidence of criminal activity

45

Probable Cause

Reasoning in which a judge/police officer believes that a search is likely to yield evidence than a search warrant is issued by the judge

46

Objective Good Faith

Exception which allows for convictions in cases in which a search was not technically legal but was conducted under the assumption that it was a legal search

47

Inevitable Discovery Rule

Illegally obtained evidence that would eventually have been found legally is still permitted in court

48

Exigent Circumstances

Reason to believe evidence would disappear by the time a warrant was issued

49

Sixth Amendment

Right to an attorney in federal cases and right to a speedy trial

50

Eighth Amendment

Prohibits cruel and unusual punishment

51

Furman v. Georgia (1972)

The Court ordered a halt to all death penalty punishments in the nation until a less arbitrary method of sentencing was found

52

Woodson v. North Carolina

Ruled that mandatory death penalty was unconstitutional

53

Gregg v. Georgia (1976)

Allowed the death penalty to be used again

54

Atkins v. Virginia (2002)

Forbids the execution of defendants who are mentally handicapped

55

Roper v. Simmons (2005)

Declared the death penalty unconstitutional for defendants whose crimes were committed as minors (even if they were charged as adults)

56

Griswold v. Connecticut (1965)

Proved that the Founders had intended there to be a right to privacy

57

Roe v. Wade (1973)

Established national abortion guidelines

58

Webster v. Reproductive Health Services (1989)

Gave states power to regulate abortion

59

Planned Parenthood v. Casey (1992)

States can regulate abortion but not with regulations that impose an undue burden on women

60

Lawrence v. Texas (2003)

Stated that consensual sexual conduct was part of the liberty protected under the 14th Amendment

61

The Civil War (1861-1865)

Began partially over the issue of slavery

62

Emancipation Proclamation

Declared the liberation of slaves in the rebel states

63

Thirteenth Amendment (1865)

Deemed slavery illegal

64

Fourteenth Amendment (1868)

Designed to prevent states in the South from depriving newly freed blacks of their rights

65

Fifteenth Amendment (1870)

Banned laws that would prevent African Americans from voting on the basis of race

66

Jim Crow Laws

Allowed segregation to occur

67

Poll Taxes

A tax that must be paid in order to vote

68

Grandfather Clauses

Exempted restrictions from those whose grandfather's could have voted

69

Equal Pay Act of 1963

Made it illegal to base an employee's pay on race, religion, gender, or national origin

70

Twenty-Fourth Amendment

Banned poll taxes

71

Civil Rights Act of 1964

Ended segregation and states that ignored civil rights mandates could face sever punishment

72

Voting Rights Act of 1965

Allows the federal government to register voters in states in which 50% of the population is not registered to vote

73

Civil Rights Act, Title VIII (1968)

Banned racial discrimination in housing

74

Civil Rights Act of 1991

Allowed job applicants and employees to sue against employers with discriminatory hiring practices

75

Plessy v. Ferguson (1896)

Allowed separate but equal facilities in the South

76

Brown v. Board of Education of Topeka (1954)

Separate but equal facilities were deemed unconstitutional

77

Brown v. Board 2nd (1955)

Ordered schools to desegregate with all due and deliberate speed

78

Heart of Atlanta Motel, Inc v. United States (1964)

Public places are prohibited from discriminating against African Americans

79

Katzenback v. McClung (1964)

Established that the power of Congress to regulate interstate commerce extends to state discrimination statutes (Businesses could not discriminate against African Americans)

80

Regents of the University of California v. Bakke (1978)

Ruled that quotas requiring a certain percentage of minorities violated the 14th Amendment but held that race-based affirmative action was permissible so long as it was in the service of creating greater diversity

81

Grutter v. Bollinger (2003) and Gratz v. Bollinger (2003)

Threw out the use of affirmative action by undergraduate schools but upheld the Bakke decision

82

De Facto Segregation

Segregation that occurred naturally based on neighborhood and district lines

83

De Jure Segregation

Segregation by law

84

Affirmative Action Programs

Seek to create special employment opportunities for minorities, women, and other victims of discrimination

85

Reverse Discrimination

The penalization of the white population

86

Family and Medical Leave Act of 1993

Allowed for women to take time off after having a child (maternity leave) and allows for both men and women to take time off after major surgery or because of health issues (12 weeks of unpaid leave)

87

19th Amendment (1920)

Gave women the right to vote

88

Title IX, Higher Education Act

Prohibits gender discrimination by institutions of higher education that receive federal funds

89

Civil Rights Restoration Act of 1988

Allowed the government to cut off all funding to schools that violate the law

90

Lilly Ledbetter Fair Pay Act of 2009

Closed a loophole that limited suits on discriminatory pay based on the timing of the issuance of the first discriminatory paycheck

91

Sexual Harassment

Any sexist or sexual behavior that creates a hostile work environment

92

Age Discrimination Act of 1967

Prohibits employment discrimination based on age

93

26th Amendment (1971)

Extended the right to vote to 18 year olds

94

Voting Rights Act of 1982

Requires states to create congressional districts with minority majorities in order to increase minority representation in the House of Representatives

95

Americans with Disabilities Act of 1990

Requires businesses with more than twenty-four employees to make their offices accessible to the disabled

96

Marbury v. Madison (1803)

Established judicial review

97

McCulloh v. Maryland (1819)

First case to use judicial review to strike down congressional legislation

98

South Dakota v. Dole (1987)

Mandated the 21 year old drinking age by threatening to withhold federal funds to all states that did not comply

99

United States v. Lopez (1995)

Held that the Commerce Clause of the Constitution does not give Congress the power to regulate guns near state-operated schools

100

Korematsu v. United States (1944)

Ruled that American citizens of Japanese descent could be interned and deprived of basic constitutional rights due to executive order

101

United States v. Nixon (1974)

Allowed for executive privilege in Court Cases, but forbade it in criminal cases

102

Clinton v. New York (1998)

Banned the presidential use of a line-item veto as a violation of legislative powers