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3-4. Civil Rights Civil Liberties
Terms in this set (45)
Brown v. The Board of Education
Desegregated public schools and overturned "separate but equal" based on the 14th Amendment's equal protection clause.
Barron v. Baltimore
Set the precedent in 1833 that the Bill of Rights pertained only to the federal government, not the states.
New York Times v. United States
Ruled that the government cannot censor all press due to the 1st Amendment's freedom of press clause even if the press exposes classified government information.
Miller v. California
Set the precedent that obscene speech is not protected by the 1st Amendment's freedom of speech and that states will determine what is considered "obscene."
Lemon v. Kurtzman
Set the precedent that government funds going to private schools does not violate the 1st Amendment's establishment clause if the purpose passes a series of secular requirements.
Mapp v. Ohio
Decided that the 4th Amendment's unwarranted search and seizures protected citizens from evidence found in unwarranted circumstances.
Griswold v. Connecticut
Ruled that anti-birth control laws violated the 14th and 9th Amendment and infringed upon a woman's right to privacy
Plessy v. Ferguson
The notorious case that stated "separate but equal" facilities such as schools did not violate the 14th Amendment's equal protection clause.
Roe v. Wade
Stated that the 9th and 14th Amendment gave women the right to choose whether or not they want an abortion.
Decided that the 4th Amendment's
Lawrence v. Texas
Ruled that anti-sodomy laws violate the 14th Amendment's equal protection clause.
Regents of the University of California v. Bakke
Found that using a racial "quota system" violated the 14th Amendment's equal protection clause.
Gratz v. Bollinger
Upheld Affirmative Action but stated that the Michigan admissions office exam was too close to a "quota" system, which is a violation of the 14th Amendment's Equal Protection.
Grutter v. Bollinger
Stated that race being a part of the application process does not violate the 14th Amendment's equal protection clause if race is only one of the many considered factors.
Bethel Schools v. Fraser
Determined that certain speech such as sexual innuendos at school are not protected by the 1st Amendment's freedom of speech.
Engel v. Vitale
Ruled that nondenominational prayer presented by a public school violates the establishment clause of the 1st Amendment.
Gideon v. Wainwright
Ruled that all citizens have the 6th Amendment's right to counsel, even if it cannot be afforded by citizen.
Miranda v. Arizona
Citizen's must be notified of their rights prior to self-incrimination due to the 5th Amendment's "right to remain silent."
Schenck v. U.S.
Ruled that speech which causes a "clear and present danger" is not protected by the 1st Amendment freedom of speech clause.
Tinker v. Des Moines Independent Schools
Student's 1st Amendment "pure speech" cannot be punished by the school if the speech does not interfere with the learning environment.
Gitlow v. New York
The first case that incorporated the Bill of Rights' 1st Amendment to all of the states.
Reynolds v. United States
Established that the mormon religious practice of polygamy was not protected by the free exercise clause of the 1st Amendment because it impaired public health.
Gregg v. Georgia
Ruled that capital punishment did not violate the 8th Amendments "cruel and unusual punishment" clause.
New Jersey v. TLO
Stated that the 4th Amendment unreasonable searches does not protect students from searches is there reasonable suspicion.
Constitutionally protected freedoms of all persons against government restraint.
Constitutional rights of all people, not just citizens, to due process and the equal protection of the laws.
Due Process Clause
Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law.
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
Clause in the First Amendment that says the government may not establish an official religion or support one faith over another.
Free Exercise Clause
Clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion.
The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
Written defamation of another person. For public officials and public figures, the constitution tests designed to restrict this are especially rigid.
Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.
Clear and Present Danger Test
Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.
Libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances.
Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional.
The power of the government to take private property for public use; just compensation must be given for the property taken.
Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion.
A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.
Trial or punishment for the same crime by the same government; forbidden by the Constitution.
Remedial action designed to overcome the effects of discrimination against minorities and women.
Equal Protection Clause
Clause in the 14th Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws. The 5th Amendment also imposes this limitation on the national government. This clause is the major constitutional restraint on the power of the government to discriminate against persons because of race, national origin, or gender.
Tax require to vote; prohibited for national elections by the Twenty-fourth Amendment (1964) and ruled unconstitutional for all elections in Harper v. Board of Elections (1966).
A test administered as a precondition for voting, often used to prevent African Americans from exercising their right to vote; now illegal.
De Jure Segregation
Segregation imposed by law.
De Facto Segregation
Segregation resulting from economic of social conditions or personal choice.
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