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Gov Unit 3
Terms in this set (48)
Clear and Present Danger
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.
fair treatment through the normal judicial system, especially as a citizen's entitlement.
Clause in the First Amendment that says the government may not establish an official religion.
freedom of expression
right of people to speak, publish, and assemble
Which guarantees to each persons the right to believe whatever he or she chooses to believe in matters of religion.
A written defamation of a person's character, reputation, business, or property rights.
government censorship of information before it is published or broadcast
protects citizens and
•Ex: GSP, motor carrier
the action or crime of making a false spoken statement damaging to a person's reputation.
nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Freedom of Religion
people shall be free to exercise their religion, and government may not establish a religion
right to privacy
The right to a private personal life free from the intrusion of government.
improperly gathered evidence may not be introduced in a criminal trial
good faith exception
an error in gathering evidence sufficiently minor that it may be used in a trial
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.
A form of political participation that reflects a conscious decision to break a law believed to be immoral and to suffer the consequences.
the rights of citizens to political and social freedom and equality.
the freedom to think and act without government interference or fear of unfair legal treatment
Civil Rights Act of 1964
outlawed discrimination based on race, color, religion, sex, or national origin
de facto segregation
Segregation resulting from economic or social conditions or personal choice.
de jure segregation
segregation by law
a test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional
A requirement that citizens pay a tax in order to register to vote
separate but equal doctrine
the doctrine established in Plessy v. Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities
A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal
category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court
A United States law enacted on June 23, 1972 that states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
Voting Rights Act of 1965
a law designed to help end formal and informal barriers to African-American suffrage
the practice of keeping blacks from voting in the southern states' primaries through arbitrary use of registration requirements and intimidation
The condition in which people, although not guaranteed equal rewards, expect to have comparable chances to compete for those rewards
the issue raised when women who hold traditionally female jobs are paid less than men for working at jobs requiring comparable skill
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
In the context of determining representative districts, the process by which a majority of the population is from the minority.
Engel v. Vitale (1962)
Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.
New York Times v. US
The President argues that the publication of the Pentagon Papers is in violation of executive privilege. Result: The barring of the publication of these papers is in violation of the 1st A. Publication does not imperial the public.
Schenk v. United States (1919)
Speech may be punished if it creates a clear-and-present-danger test of illegal acts
Tinker v. Des Moines
Students have the right to symbolic speech at school as long as it is not disruptive
Wisconsin v. Yoder
Amish children do not have to go to school until they are 16---they may stop after the 8th grade
Gideon v. Wainwright (1963)
Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.
McDonald v. Chicago
Incorporated the 2nd Amendment right to bear arms to the states
Roe v. Wade
(1973) legalized abortion on the basis of a woman's right to privacy
Brown v. Board of Education
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
Shaw v. Reno
NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.
Baker v. Carr
case that est. one man one vote. this decision created guidelines for drawing up congresional districts and guaranteed a more equitable system of representation to the citizens of each state
A written plan of government
Federalist 78 (Hamilton)
Judiciary branch isn't too powerful because it doesn't have the power of the purse or sword; can't tax, enforce laws, or bring the nation to war
"Letter from a Birmingham Jail," 1963
A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. He was disappointed more Christians didn't speak out against racism. Advocated nonviolence protest methods
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