Unit 5 Flashcards

Civil Rights & Liberties

1
Q

Civil Liberties

A

fundamental freedoms guaranteed by the Constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The Bill of Rights

A

First 10 amendments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The Establishment Clause

A

State can’t select a religion, in first amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The Free Exercise Clause

A

Citizens can practice any religion, in first amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Incorporation Doctrine

A

Extends protections of bill of rights to state govts, in due process clause of 14th amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Gitlow v. New York

A

First example of incorporation doctrine, Gitlow argued state law violated his first amendment speech rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Barron v. Baltimore

A

SCOTUS ruled states do not have to follow bill of rights until incorporated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Engel v. Vitale

A

Establishment clause, school-sponsored prayer violates it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Clear and Present Danger Doctrine

A

From Schenck v US, speech presenting clear & present danger is not protected by first amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Prior Restraint

A

Government cannot stop press from printing something in advance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Roth v. United States

A

Obscene materials not part of first amendment protection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Libel

A

Publishing false statements to defame someone

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

New York v. Sullivan

A

NYT made slightly wrong claims about Sullivan, court said there should be gray area for press to debate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Symbolic Speech

A

Protected by first amendment, cannot defend an illegal act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Texas v. Johnson

A

Burning flag down was symbolic speech, not illegal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Commercial Speech

A

Speech for selling stuff gets less first amendment protection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Slander

A

Saying false statements to defame someone

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Freedom of Assembly and Association

A

Gather peacefully, express views, form groups to pursue common goals, part of first amendment

19
Q

Exclusionary rule

A

Evidence in violation of 4th amendment (unreasonable search) can’t be used in court

20
Q

Mapp v. Ohio

A

Police found porn and arrested for obscenity, SCOTUS said it was against 4th amendment, incorporated the 4th amendment

21
Q

Self-incrimination

A

5th amendment says people can’t be forced to incriminate themselves

22
Q

Miranda v. Arizona

A

Set up Miranda Warning, you have the right to remain silent

23
Q

Gideon v. Wainwright

A

States must give lawyer to those who don’t have one, incorporated 6th amendment

24
Q

Double jeopardy

A

Someone can’t be tried twice, fifth amendment

25
Plea bargain
Negotiation for lighter sentence to avoid full trial
26
Gregg v. Georgia
Death penalty is still legal but cannot be mandatory, must be careful process
27
Civil Rights
Legal protections against discriminations
28
Thirteenth Amendment
Abolished slavery and involuntary servitude
29
Fourteenth Amendment
Equal protection for citizens under the law, due process (fair legal process)
30
Plessy v. Ferguson
Upheld segregation, seperate but equal
31
De facto segregation
Segregation in practice rather than legal
32
Brown v. Board
Overturned “seperate but equal”
33
Civil Rights Act of 1964
Outlawed discrimination based on race, religion, sex
34
Fifteenth Amendment
Rights of citizens cannot be denied based on discrimination
35
Poll Taxes
Fee to vote, discouraged black from voting cus of poverty
36
White primary
Party primary for only white voters
37
Twenty-fourth Amendment
Banned poll taxes
38
Voting Rights Act of 1965
Prohibits racial discrimination in voting
39
Hernandez v. Texas
Extended 14th amendment to all racial groups, not just african americans
40
Korematsu v. United States
Said compulsory exclusion of citizens during war is justified for reducing espionage
41
Nineteenth Amendment
Women can vote
42
Equal Rights Amendment
Guaranteed equal rights for all citizens, never passed
43
The Graying of America
Growing proportion of boomers
44
Americans with Disabilities Act
Public sector buildings and transportation had to be accessible to disabled