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Chapter 4 - Civil Liberties (AP Government)

Terms in this set (67)

Civil Rights
Rights that are granted by a government for the protection of its citizens in respect to guaranteeing fairness and checking discrimination.
Civil Liberties
Constitutional and other legal protections of individuals against government actions.
Barron v. Baltimore (1833)
Marshall refused to extend Bill of rights to states. Barron (wharf owner) sued Baltimore city for violating 5th amendment by taking his property without just compensation.
Gitlow v. New York (1925)
This allowed the Bill of Rights to be extended to states, unlike Barron v. Baltimore. Gitlow, a socialist, passed out pamphlets calling for strikes. He was convicted under a state criminal anarchy law. SC ruled that NY violated his first amendment right.
Establishment Clause
It is part of the 1st Amendment stating that "Congress shall make no law respecting an establishment of religion." SC allowed religiously affiliated universities to use public funds to construct buildings. SC allowed public funds to be used to provide students in parochial schools with textbooks, computers, and other instructional equipment, lunches, and transportation to and from school and to administer standardized testing services.
SC did NOT allow public funds to pay for teacher salaries or provide transportation for field trips.
Equal Access Act (1984)
Congress made it unlawful for any public high school receiving federal funds to keep student groups from using facilities for religious worship.
Public Facilities for Religious Meetings (1993)
SC required public schools that rent facilities to organizations to do the same for religious groups.
Religious Leaders in School
Schools may NOT permit religious instructors to come into public school building during the school day, but schools may release students to receive religious instruction elsewhere.
Ten Commandments (1980)
SC prohibited the posting of the Ten Commandments on the walls of public classrooms.
School District of Abington Township, Pennsylvania v. Schempp (1963)
SC ruled that recitations of Bible passages as part of classroom exercises in public schools violated the establishment clause.
Prayer at School Games
SC ruled that school-sponsored prayer at public school graduation and student-led prayer at football games were unconstitutional.
One-minute Meditation or Prayer
SC ruled that one-minute periods of silence for "meditation or voluntary prayer" is unconstitutional.
Praying in Schools
Constitution forbids the sponsorship or encouragement of prayer, directly or indirectly, by public school authorities.
Darwin's Theory of Evolution (1968)
SC ruled that states cannot prohibit Darwin's theory of evolution from being taught in public schools.
Creation Science and Darwinism (1987)
SC ruled that Louisiana's law requiring schools that taught Darwinian theory to teach creation science also violated the establishment clause.
Intelligent Design
Lower courts have ruled that teaching intelligent design as an alternative to evolution is unconstitutional.
Publicly Displaying the Ten Commandments (2005)
SC ruled that posting of large copies of the Ten Commandments in courthouse violates establishment clause.
Inclusion of Ten Commandments (2005)
SC upheld the inclusion of Ten Commandments among 21 historical markers and 17 monuments surrounding the Texas State Capital.
Nativity Scene and Santa (1984)
SC allowed the nativity scene along with Santa's house and sleigh, Christmas trees, and other symbols on public property. SC not allow nativity scene without secular symbols in a courthouse.
Free Exercise Clause
This clause allows people to worship freely without government interference. SC has upheld laws and regulations forbiding polygamy, prohibiting business activities on Sunday, denying tax exemptions to religious schools that discriminate on the basis of race, allowing the building of a road through ground sacred to some Native Americans, prohibiting a Jewish air force captain from wearing his yarmulke while on duty.
Religiously Motivated Practices
Congress and SC have granted protection to religiously motivated practices.
Amish Students
SC allows Amish parents to take their children out of school after the 8th grade.
Jehovah's Witness
A state may not require Jehovah's Witnesses or members of other religions to participate in public school flag-saluting ceremonies.
Conscientious Objectors
SC upheld that members can become conscientious objectors to war on religious grounds.
Use of Peyote (1988)
SC upheld Oregon's prosecution of persons using the drug peyote as part of their religious rituals. SC ruled that state laws interfering with religious practices but not specifically aimed at religion were constitutional.
Religious Freedom Restoration Act (1993)
A law or regulation cannot interfere with religious practices unless the government can show that it was narrowly tailored and in pursuit of a "compelling interest."
Hallucinogenic Tea (2006)
SC allowed a small religious sect to use a hallucinogenic tea in its rituals despite the federal government's attempts to bar its use.
Practicing your Faith in Prison (2000)
Congress passed laws that made it more difficult for local governments to enforce zoning or other regulations against religious groups and required governments to allow those in prison to practice their faith.
No Prior Restraint
Government actions that prevent material from being published.
High School Newspapers (1988)
SC ruled that a high school newspaper was not a public forum and could be regulated by school officials.
Drug Abuse in High School Newspapers (2007)
SC ruled that schools could restrict student expressions if they promote drug abuse.
Schenck v. United States (1919)
Schenck, a socialist, distributed leaflets urging men to resist the draft. He was charged with impeding the war efforts. SC ruled that the government could limit speech if it provokes "a clear and present danger."
Roth v. United States (1957)
SC ruled that "obscenity is not within the area of constitutionally protected speech or press." Public standards vary from time to time, place to place, and person to person.
Rental of Violent Video Games (2011)
SC ruled that a California law banning the sale or rental of violent video games to minors violated the First Amendment because the games communicate ideas. Depictions of violence have never been subject to government regulation.
Symbolic Speech
Actions that do not consist of speaking or writing but that express an opinion; armbands, burning a flag etc.
Free Press and Free Trials
Right of press to print what it wants vs. right to fair trial. Press allowed to cover trials.
Shield Laws
State laws that protect reporters from
revealing their sources.
Commercial Speech
It is regulated (ex: advertising etc)
Federal Trade Commission
Kept tabs on what kinds of materials were advertised on radio and TV (professional services, prophylactics etc).
Federal Communications Commission
Kept tabs on what the content and nature of radio and television broadcasting were.
Federal Election Campaign Act (1971)
It included -
Limits on campaign contributions.
Disclosure and reporting requirements.
Public financing of presidential elections.
Bipartisan Campaign Reform Act (BCRA) or
McCain-Feingold Act (2002)
Banned unrestricted "soft money" donations made directly to political parties (by corporations, unions or wealthy individuals) and the solicitation of donations by elected officials. It limited advertising that unions, corporations, and nonprofit organizations could engage in up to 60 days prior to an election. It also restricted poliltical parties' use of their funds for advertising on behalf of candidates.
Freedom of Assembly
Right to assemble peacefully within reasonable limits (time, place, and manner restrictions). SC ruled that the Westboro Baptist Church may "picket military funerals to communicate its belief that God hates the United States for its tolerance of homosexuality, particularly in America's military."
Defendants' Rights
Not clearly defined in the Bill of Rights. SC have extended specific provisions of the Bill of Rights to the states as part of incorporation.
Exclusionary Rule
Courts must disregard evidence obtained illegally.
Mapp v. Ohio (1961)
SC ruled that the 4th Amend's protection against unreasonable searches and seizures must be extended to the states.
US Patriot Act
It gave government broad new powers for wiretapping, surveillance, and investigation of terrorism suspects. It also gave the government power to examine a terrorist suspect's records (doctors, libraries, bookstores, universities, internet service providers). Bush ordered NSA to monitor international telephone calls and e-mail messages of people inside the US.
Miranda v. Arizona (1966)
Set guidelines for police questioning of accused persons to protect them against self-incrimination and to protect the right to counsel. The Miranda rights were formed. This pertains to the fifth amendment (self incrimination).
Gideon v. Wainwright (1963)
SC extended the right to an attorney for everyone accused of a felony in a state court. This pertains to the sixth amendment (right to a lawyer).
Plea Bargaining
A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime in exchange for the state's promise not to prosecute the defendant for a more serious crime.
Boumediene v. Bush (2008)
SC ruled that foreign terrorism suspects held at Guantanamo Bay have constitutional rights to challenge their detention in U.S. courts.
Griswold v. Connecticut (1965)
A doctor and a family planning specialist were arrested for disseminating birth control devices. SC ruled that the explicitly stated rights in the Const. implied a right to privacy, including a right to family planning between husband and wife.
Roe v. Wade (1973)
SC ruled that a right to privacy under the due process clause in the 14th amend extends to a woman's decision to have an abortion. No state may control abortions during 1st trimester. States may ban abortions during 3rd trimester EXCEPT when mother's life in danger. States can forbid the use of state funds or state employees to perform abortions. States can require minors to obtain permission of one or both parents or a judge.
Grandfather Clause
Exempted persons whose grandfathers were eligible to vote in 1860.
Voting Rights Act (1965)
Prohibited use of voting procedures that denied a person the vote on the basis of race or color. Abolished literacy requirement if completed 6th grade. Attempted to end racial gerrymandering. Justice Department was responsible for enforcing.
Native Americans (1924)
Congress made NA citizens and gave them the right to vote.
Title IX of the Education Act (1972)
Forbids gender discrimination in federally subsidized education programs, including athletics.
Sexual Harassment
If it creates a hostile or abusive work environment, then it is a form of gender discrimination which is forbidden by the 1964 Civil Rights Act.
Women in the Military
1975 all service academies open to women. Only men must register for the draft at 18. In 2015 women were allowed to serve in ground combat units.
LGBT Rights
- 1996, Congress passed the Defense of Marriage Act which permits states to disregard same-sex marriages even if they are legal elsewhere in the U.S.
- 2000, SC ruled that the Boy Scouts could exclude a gay man from being an adult member because homosexuality violates the organization's principles.
- 2003, SC voided a Texas antisodomy law on the grounds that such laws were unconstitutional intrusions of the right to privacy.
- 2011, Pentagon ended the policy of "don't ask, don't tell" policy for armed forces and allowed gays to serve openly.
- 2015, SC ruled same-sex marriage is legal.
Affirmative Action
Efforts to bring about increased employment, promotion, or admission for members of groups who have suffered from discrimination. Goal was to move beyond equal opportunity to equal results.
Regents of the University of California v. Bakke (1978)
SC ordered Bakke admitted but said a university could weigh race or ethnic background as one element in admissions but could not set aside places for members of particular racial groups. No quotas.
Reverse Discrimination
Individuals are discriminated against when people who are less qualified are hired or admitted to programs because of their minority status.
Schenck v. United States (1919)
Schenck, a socialist, distributed leaflets urging men to resist the draft. He was charged with impeding the war efforts. SC ruled that the gov could limit speech if it provokes "a clear and present danger." It was supposedly a violation of the freedom of expression clause.
Probable Cause
A situation in which the police has reasonable doubt that a person should be arrested.
Unreasonable Searches and Seizures
Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th Amendment. A warrant is required for a search or seizure.
Engle v. Vitale (1962)
SC ruled that recitations of prayers in public-school classrooms is unconstitutional.
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