Bill of Rights
a statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Clear and present danger test
started by Schenck case; government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts; to shout "Fire" falsely in a crowded theater
due process clause
14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
the First Amendment guarantee that the government will not create and support an official state church
ex post facto laws
laws that take effect after the act takes place. Congress is prohibited from enacting this type of legislation.
free exercise clause
a first amendment provision that prohibits government from interfering with the practice of religion
freedom of expression
right to express oneself and one's views in spoken words, actions, printed materials, assemblies or gatherings and petitions submitted to the government. It refers to the collective rights guaranteed in the First Amendment to the US Constitution: religion, speech, press, assembly and petition.
freedom of religion
the First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Gitolow v. New York
a decision by the United States Supreme Court, which ruled that the Fourteenth Amendment to the U.S. Constitution had extended the reach of certain provisions of the First Amendment—specifically the provisions protecting freedom of speech and freedom of the press—to the governments of the individual states.
(due process clause)
a criminal act against a person or a person's property by an offender motivated by racial or other bias
Lemon test- Lemon vs. Kurtzman
a case in which the Supreme Court of the United States ruled that Pennsylvania's 1968 Nonpublic Elementary and Secondary Education Act, which allowed the state Superintendent of Public Instruction to reimburse nonpublic schools (most of which were Catholic) for teachers' salaries who taught secular material in these nonpublic schools, secular textbooks and secular instructional materials, violated the Establishment Clause of the First Amendment
a tort consisting of false and malicious publication printed for the purpose of defaming a living person
Mapp v. Ohio
a landmark case in the area of U.S. criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts, as well as federal courts.
Miranda v. Arizona
Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.
This contraversial 2001 law allows anti-terrorism authorities to monitor e-mail and Internet traffic in order to prevent terrorist attacks. The government argues that cyberspace is public domain and that no warrants should be needed to access information.
Reno v. ACLU
1997. Decency Act = censorship of internet of obscenity. American citizens have the right to view this material by freedom of choice. Material of adult nature is protected online, however the violation of minors is against the law, direct violation.
a warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court
Made it a crime to criticize the government or government officials. Opponents claimed that it violated citizens' rights to freedom of speech and freedom of the press, gauranteed by the First Amednment.
separation of church and state
idea that the government and religion should be separate, and not interfere in each other's affairs. In the United States, this idea is based on the First Amendment to the US Constitution, which states that the government cannot make any laws to establish a state religion or prohibit the free exercise of religion.
form of free speech interpreted by the Supreme Court as a guarantee under the First Amendment to the Constitution, such as wearing a black armband to protest a governmental action or burning an American flag in protest for political reasons.
(separation of church and state) Reflecting a concept often credited in its original form to the English political philosopher John Locke, the phrase separation of church and state is generally traced to the letter written by Thomas Jefferson in 1802 to the Danbury Baptists, in which he referred to the First Amendment to the United States Constitution as creating a "wall of separation" between church and state
writ of habeas corpus
a court order that requires police to bring a prisoner to court to explain why they are holding the person
a policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities
Brown v. Board of Education
1954. court found that segregation was a violation of the Equal Protection clause "separate but equal" has no place
a group's refusal to obey a law because they believe the law is immoral (as in protest against discrimination)
right or rights belonging to a person by reason of citizenship including especially the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments and subsequent acts of Congress including the right to legal and social and economic equ
Civil Rights Act of 1964
This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.
civil rights movement
movement in the United States beginning in the 1960s and led primarily by Blacks in an effort to establish the civil rights of individual Black citizens
de facto segregation
segregation (especially in schools) that happens in fact although not required by law
desegregation vs integration
the allowing vs. actively incorporating a racial or religious group into a community
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
Martin Luther King, Jr.
U.S. Baptist minister and civil rights leader. A noted orator, he opposed discrimination against blacks by organizing nonviolent resistance and peaceful mass demonstrations. He was assassinated in Memphis, Tennessee. Nobel Peace Prize (1964)
National Association for the Advancement of Colored People, founded in 1909 to abolish segregation and discrimination, to oppose racism and to gain civil rights for African Americans, got Supreme Court to declare grandfather clause unconstitutional
an opinion or strong feeling formed without careful thought or regard to the facts (against someone or some group)
the different treatment of two different groups of people must be reasonable and not arbitrary
process that protects freedoms in the Bill of Rights within the scope of the 14th amendment; started by Gitlow v. New York
separate but equal doctrine
Principle upheld in Plessy v. Ferguson (1896) in which the Supreme Court ruled that segregation of public facilities was legal.
Swann v Charlotte-Mecklenburg Board of Education
1971. an important United States Supreme Court case dealing with the busing of students to promote integration in public schools. After a first trial going to the Board of Education, the Court held that busing was an appropriate remedy for the problem of racial imbalance among schools, even where the imbalance resulted from the selection of students based on geographic proximity to the school rather than from deliberate assignment based on race. This was done to ensure the schools would be "properly" integrated and that all students would receive equal educational opportunities regardless of their race.
Voting Rights Act of 1965
1965; invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised blacks; as more blacks became politically active and elected black representatives, it rboguth jobs, contracts, and facilities and services for the black community, encouraging greater social equality and decreasing the wealth and education gap