APGAP Ch. 5 & 6
the government can punish speech that presents an imminent danger of causing harmful conduct
"Clear and Present Danger Doctrine"
In 1972 Congress proposed an Equal Rights Amendment which would have provided that: at first ERA appeared to be ratified quickly until the piece of crap activist, ____________, conservatives raised the possibility of issues such as unisex bathrooms and women being subject to the draft. THIS DID NOT GET RATIFIED
"Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." Phyllis Schlafly
congress and the courts have consistently interpreted the "no establishment" clause to require a ? based on whose writing, why do they interpret that way?
"Wall of Separation Between Church and State." based on Jefferson's writing
in Shelby County v. Holder (2013), USSC struck down the ____________________ as unconstitutional in the Civil Rights Act of 1965. Conditions have changed drastically since 1965. If Congress wants to continue its oversight over state voting schemes, it needs to draft a new law based on current circumstances.
"pre-clearance" requirement
Federal rulings are somewhat inconsistent- based on the level of scrutiny that the court applies. Unlike race, gender is not a _______________ and therefore is not entitled to _____________. As a result, it is somewhat *easier* for governments to discriminate based on gender.
"suspect class" strict scrutiny.
the struggle with implementing the ruling of brown v. board of education: - segregated schools would be eliminated "____________________" - fed. courts would oversee local desegregation plans - widespread resistance throughout the south - Southern Manifesto calling Brown decision an abuse of judicial power
"with all deliberate speed"
which amendments relate to the rights of the accused in criminal proceedings? •They protect citizens from government abuse during criminal proceedings. •These amendments protect us from criminal proceedings that are: -Politically motivated. -Arbitrary -Unfair -Unreasonably slow
#4, 5, 6, and 8
one person's rights will conflict with another's; examples:
*freedom of speech* vs. freedom of emotional distress *freedom of press* vs. right to keep military secrets freedom of speech (bong hits) vs. *school discipline*
The 14th Amendment's guarantee of equal protection was subject to different interpretations:
- Broadly - it could mean that the states had to treat blacks andwhites equally. - More narrowly - it could mean that the states only had to grant fundamental legal rights to blacks, such as jury duty or property ownership.
the exclusionary rule is very controversial, so over time the SC has recognized exceptions to the rule to address setting guilty parties free, while providing fair procedures for the accuse. what are these three excepts?
- Good Faith Exception - if the police reasonably rely upon a warrant that was defective, the evidence discovered can be used. - Public Safety Exception - if there are overriding public safety concerns, the failure to give Miranda warnings before questioning can be excused. - Inevitable Discovery - if evidence seized in an illegal search would eventually have been discovered anyway, it can still be used.
illegal gender discrimination:
- Government cannot establish different ages for adulthood. - Governments cannot set different ages for alcohol use. - No arbitrary height/weight requirements by employers. - Women cannot be forced to take maternity leave. - Girls can play little league baseball and non-contact high school sports with boys. - Business clubs cannot exclude women.
describe the brown v. board of education.
- In the field of public education, ". . . 'separate but equal' has no place." - "Separate educational facilities are inherently -unequal." - Plessy v. Ferguson = overruled
describe the Plessy v. Ferguson case.
- Louisiana could legally require that blacks and whites occupy separate railroad cars. - 14th Amendment required "equality" - but did not prohibit the states from separating the races. - 14th Amendment guaranteed political and legal equality but not social equality. - Justified the "Separate But Equal" era - Jim Crow. *if one race be inferior to the other socially, the Constitution of the US cannot put them on the same plane*
legal gender discrimination:
- Statutory rape laws can apply to men only. - One-gender public schools are allowed if voluntary and equal in quality. - States can provide more generous tax treatment to widows than to widowers
in the Wolf v. Colorado, the Supreme Court said:
- Via 14th Amendment incorporation, the 4th Amendment warrant requirement applies to the states. - But the exclusionary rule does not apply to the states because it is not really part of the 4th Amendment - it is a rule created by the federal .
describe the 8th amendment.
- no excessive bail or fines - no cruel or unusual punishment
if you are a public figure, it is even harder to win a libel case.. you have to prove: example of case and what happened?
- the statement was false - that you were damaged - "actual malice"-- the publisher either knew that the statement was false or they had reckless disregard for the truth or falsity of the statement EXAMPLE: New York Times v. Sullivan (Sullivan, in charge of Montgomery police; he claimed that the ad implied his responsibility for the actions of the police. He said that the ad damaged his reputation in the community. He won in Alabama, but NYT appealed to SC; then NYT won--n order to prove libel, a "public official" must show that the newspaper acted "with 'actual malice'-that is, with knowledge that it was false or with reckless disregard" for truth. Free and open debate about the conduct of public officials)
laws or regulations that require a business, firm, school, or other organization to take positive steps to increase the number of African-Americans, other minorities, or women in its membership
Affirmative Action
Describe what the 14th amendment says?
-citizenship equal civil and legal rights for AA -anyone born here has citizenship -no state shall make or enforce laws which shall abridge the privileges or immunities of a citizen -states cannot seize land or imprison people without fair procedures -states cannot discriminate between citizens (equal protection)
describe the 1st amendment.
-free exercise of religion -no establishment of state religion -freedom of expression: speech, press, peaceful assembly, and petition
describe the 5th amendment.
-no self-incrimination -no double jeopardy -due process of law -no private property taken for public use, without just compensation -No one can be put on trial for a serious crime, unless a grand jury decide first that there is enough proof or evidence so that the trial is needed. If there is enough evidence, an indictment is then issued, which means that the person who is charged with the crime will can put on trial for the crime.
describe the 4th amendment.
-no unreasonable searches and seizures - must have probable cause for warrant
describe the 6th amendment.
-right to speedy public trial -have impartial jury -confronted witnesses that are accusing -have compulsory process of obtaining witnesses in their favor - right to assistance of counsel
what are the Miranda Warnings?
1. right to remain silent (5th) 2. anything you say can and will be used against you in a court of law (6th) 3. you have the right to talk to a lawyer and have him present while you are being questioned 4. if you cannot afford to hire a lawyer, one will be appointed to represent you before questioning if you wish (6th) 5. you can decide at any time to exercise these rights and not answer any questions or make any statements (5th) Do you understand?
Supreme Court's 3-Part Test for Government Involvement in Religious Activities Government action is constitutional if:
1.It has a strictly secular purpose. 2.The primary effect neither advances nor inhibits religion. 3.Does not encourage excessive government entanglement with religion. examples: illegal to put a nativity scene in front of a courthouse because it favors Christianity
what are the general rules about obscenity?
1.Materials that have political, literary, or artistic merit are protected by the 1st Amendment, even if they are otherwise obscene. 2.Local communities can restrict other materials if, based on contemporary community standards, they appeal to "prurient interest" in a "patently offensive way."
what made barron vs baltimore obsolete?
14th amendment (after civil war)
gave women the right to vote
19th amendment
What were some culture conflicts that impacted civil liberties?
19th century: waves of catholic migration (west europe, then south and east europe); abolition of slavery 20th century: waves of immigration from mexico and latin america
obscenity is not protected by the _____________ amendment. it can be regulated by either the states or federal government. Also, we cannot define obscene. Supreme Court Justice Potter Stewart said, "____________."
1st "I know it when I see it"
Breaking the Civil Rights Deadlock in Congress 1.Public opinion swung in favor of civil rights. "The March on Washington" in 1963. 2.________________- of police violence against peaceful protesters in Selma Alabama and other Southern cities. 3.Assassination of _____________ 1963 - shock and empathy enabled his successor, ________________, to force civil rights legislation through Congress. 4.Elections of 1964 gave the _______________ large majorities in both houses. Northern Democrats were able to cobble together a filibuster-proof coalition for civil rights legislation.
2. Television coverage 3. President Kennedy; President Johnson 4. Democrats
prohibition of poll taxes
24th amendment
largely meant the values of white Anglo-Saxon Protestants
Americanism
During the Civil Rights Movement, it was DIFFICULT to get action done in Congress; why?
Because Southern conservatives controlled key committees and were able to block all attempts: the House Rules Committee, the Senate Judiciary Committee.
difference between women's rights movement and civil rights movement?
Blacks fought system designed to keep them subservient. Women fought a paternalist system that put them on a pedestal and claimed to protect them.
2000s were wild with national security: -- New York Times exposed __________ administration taps of calls and email between American citizens and people in other countries - without the approval of the FISA courts --Congress approved such surveillance as long as the FISA court approved of methods in advance --whistle-blower _____________- revealed that nine U.S. internet companies were sharing data about their customers with U.S. and British intelligence agencies
Bush Edward Snowden
The 1st amendment does NOT expressly require the separation of what?
Church and State
women in the military: what did Rostker v. Goldberg say? 1993 the Secretary of the Army opened up air and sea combat position to women 2015 all combat positions were opened to women
Congress can require men to register for the draft without requiring women to do so
•Some state legislatures recognized the legality of same-sex marriages. •Other state legislatures banned same-sex marriages. •Some state courts held that their state constitutions allowed same-sex marriages, regardless of what the state legislature believed. The federal government's ______________________ prohibited the federal government from recognizing (under tax law or Social Security law, etc.) any same-sex marriage. (unconstitutional)
Defense of Marriage Act (DOMA)
difference between integration and desegregation?
Desegregation is achieved through court order or voluntary means. "Integration" refers to a social process in which members of different racial and ethnic groups experience fair and equal treatment within a desegregated environment. I
describe affirmative action --equality of results
Ensuring that different categories of people achieve the same results. •Support quotas or targets •Not supported by most Americans. •Supported by progressives.Opposed by orthodox.
The USA was originally a ___________________________ society, in which Catholics, Jews, Indians, and other non-Caucasians either (1) suffered ___________________; or (2) were denied _____________ altogether
European Protestant discrimination citizenship
what act allows the president to authorize warrantless searches for foreign spies? - Nixon abused this by using this to spy on his political enemies in the USA - in 1978, Congress created a special court to review such requests for phone taps - probable cause was not needed. only had to show it "likely" that a person was working for a foreign gov.
Foreign Intelligence Surveillance Act (FISA)
describe what happened in the Gideon v. Wainwright
Gideon had to represent himself which was a failure; appealed to SC; happened in Florida and state court ruled Flordia; Betts v. Brady established that in any criminal case a defendant is entitled to counsel if they can claim special circumstances, but Gideon didnt do that; Gideon said that case should be overturned and that the 6th amendment doesnt distinguish between types of criminal cases, and neither does the 14th amendment
federal courts interpreted the 6th amendment's right to mean that poor defendants were entitled to counsel paid for by the fed. gov; however, the right to counsel was not incorporated until what case?
Gideon v. Wainwright
case: supreme court says the 1st amendment applies to states
Gitlow v. New York
Speech and National Security not all speech is protected...which case does this apply to during the Red Scare? what happened?
Gitlow v. New York (NY won) •Gitlow distributed socialist literature (revolt against US gov.) and was convicted of violating N.Y.'s criminal anarchy laws. •The Supreme Court upheld Gitlow's conviction under the Clear and Present Danger Doctrine. •But the court also recognized that freedom of speech (and press) are fundamental rights that, because of the 14th Amendment, cannot be infringed by the states. EXAMPLE OF SELECTIVE INCORPORATION - The U.S. Constitution's *First* Amendment protection of free speech, which states that the federal "Congress shall make no law...abridging the freedom of speech," applied also to *state* governments. The decision was the first in which the Supreme Court held that the *Fourteenth* Amendment's due process clause *required state and federal governments* to be held to the same standards in regulating speech.
describe affirmative action -- equality of opportunity
Government's role should be to ensure a level playing field by eliminating discriminatory practices, not by attempting to legislate equal results. •Opposes quotas and targets •Supported by the majority of Americans - believe in "compensatory action" to help the disadvantaged catch up, not "affirmative action."
Understanding the boundaries of affirmative action: what are the two cases that dealt with this?
Gratz v. Bollinger (2003) University of Michigan admissions policy gave every minority a 20-point bonus (out of 100) in admissions ranking process. Unconstitutional - similar to a direct quota Fails strict scrutiny: (1) there is a compelling state interest in promoting diversity; but (2) 20-point advantage is not narrowly tailored to meet that interest. Grutter v. Bollinger (2003) University of Michigan Law School admissions policy gave every minority a "plus-factor" in admissions ranking process. This less rigid "plus-factor" does not amount to a quota. Passes strict scrutiny. Unlike the rigid 20-point advantage, a "plus-factor" is narrowly tailored to meet a compelling state interest.
case: the 2nd amendment that allows the people to keep and bear arms applies to state governments as well as the federal one
McDonald v. Chicago
True or false: Can non-citizen terrorist be tried in civilian courts?
No, only military courts
upholds congress' elimination of literacy tests
Oregon v. Mitchell
case: supreme court says that states must observe all "fundamental" liberties
Palko v. Connecticut
what happened with the Regents of University of California v. Bakke (1978)?
Racial diversity is a legitimate state goal. Universities can take race "into account" in their admissions policies. But they cannot use an explicit numerical quota . Therefore University of California Medical School's admission policy was unconstitutional. Courts concerned about "reverse discrimination"
Speech and National Security no all speech is protected...which case does that apply to during WWI? what happened?
Schenck v. Ohio (US won) Schenck was arrested for distributing flyers that urged men to resist the draft violating the Espionage Act (cause trouble for the military). Chief Justice said that the First Amendment could also be interpreted to prevent the punishment of speech after its expression. Yet, according to Holmes, "the character of every act depends upon the circumstances in which it is done." In the context of the U.S. effort to mobilize for entry into World War I, the Espionage Act was not a violation of the First Amendment. we are a nation is at war and many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right." *Difference in circumstances* Holmes held that some speech does not merit constitutional protection. He said that statements that "create a clear and present danger" of producing a harm that Congress is authorized to prevent, fall in that category of *unprotected* speech. the Constitution does not protect efforts to induce the criminal act of resisting the draft during a time of war. Schenck was the first case decided by the Court that created a test for punishing a speaker solely because of the content of her or his speech, as opposed to punishing speech that had already caused harm. The "clear and present danger" test provided the framework for many later cases brought against unpopular speakers under both the Espionage Act and similar state laws. Under the "clear and present danger" test, the government typically won and the speakers usually lost. The Court later abandoned this test in favor of rulings more protective of free speech rights.
describe Griswold v. Connecticut.
State ban on access to contraception was unconstitutional - undue interference with Constitution's "right to privacy." Right to - inferred from "penumbras" of other rights granted in the Constitution.
describe Roe v. Wade case.
States cannot ban abortions - woman's decision whether or not to terminate pregnancy is part of her right to privacy. 1st trimester - unfettered right to abortion. 2nd trimester - states can regulate abortions only to protect mother's health. 3rd trimester - states can ban abortion
what does the government have to prove with a RATIONAL BASIS test?
The government's action is constitutional if it can prove that it has: Used reasonable means To achieve a legitimate government purpose. *the government almost always wins*
what does the government have to prove with INTERMEDIATE SCRUTINY test?
The government's action is constitutional if it can prove that it is : - Substantially related to achieve a - An important government interest.
what does the government have to prove with STRICT SCRUTINY test?
The government's action is constitutional only if it can prove that it is: - Narrowly tailored to achieve a - A compelling government interest. *government almost always loses*
Student Speech limitations on student speech must be "reasonably related to legitimate pedagogical concerns." which major case concerned with student speech and what happened?
Tinker v. Des Moines Public school students can wear anti-war arm bands to class when that expression does not disrupt education. Tinker wore black armbands to protest the Vietnam War. The school suspended them for refusing to take off the armbands. The school said she could have disrupted the learning environment at school with her armband protesting the Vietnam War, which is a controversial topic. The justices said that students retain their constitutional right to freedom of speech while in public schools. They said that wearing the armbands was a form of speech, because they were intended to express the wearer's views about the Vietnam War. The Court said that schools can limit students' speech if the schools could make a reasonable prediction that the speech would cause a "material and substantial disruption" to the discipline and educational function of the school.
which case? school voucher issue: some public school districts will pay the cost of tuition for their students to attend a parochial school--if their local public school is a "failing" school The Supreme Court held that this does not violate the establishment clause because the tuition payment (via a voucher) is made to the family and not to the private school.
Zelman v. Simmons-Harris in favor of the school districts
Describe Obergefell v Hodges
a person's right to marry is a fundamental right that must be respected by all states. All state laws banning gay marriage are unconstitutional.
in Swann v. Charlotte-Meckenburg Board of Education: Students _________________________________________ Integration not achieved because of ____________________ - de facto segregation School district will have to bus students to non-neighborhood schools to achieve greater integration. Established set of guidelines for all subsequent school segregation cases.
assigned to nearest school regardless of race. residential patterns
in which case did the Supreme Court ruled that the Constitution's Bill of Rights restricts only the powers of the federal government and not those of the state governments?
barron vs baltimore
Congress and states cannot pass any law interfering with a person's ability to exercise their religion. BUT, a person's exercise of their religion cannot?
break other laws or harm others such as blood transfusion refusal, vaccination refusal, polygamy, peyote (harmful drug)
Complicating issues with free exercises of religion: states _______ require jehovah's witnesses or mormons to be licensed for door-to-door soliciting states ___________ make animal sacrifices of the santeria faith illegal
cannnot cannot -in general killing animals is not illegal anyway
No establishment of religion: the government (state or fed.) ________ aid any religion with tax dollars and can students pray in public schools?
cannot aid and no they cannot; it cant be organized in anyway
terrorist suspects held in military prisons now have access to US courts to ?
challenge their imprisonment (Rasul v. Bush and Hamdi v. Rumsfield)
Sit-ins was an example of what?
civil disobedience--peaceful protest against unjust law, and acceptance of resultant punishment
rights granted to the people by the Constitution--the rights to be free of government interference in certain listed areas--speech, worship, the press, etc.
civil liberties
the rights of people to be treated equally - without unreasonable or unconstitutional difference
civil rights
what act eliminated these? voting employment discrimination school discrimination public accommodations
civil rights act of 1964
what act eliminated this? voting rights and it required that any state with a state of denying voting rights to African-Americans must have ___________________ over their voting laws - and cannot make changes to their voting laws without "pre-clearance" from the DOJ.
civil rights act of 1965 federal oversight (Department of Justice)
what act eliminated this? housing discrimination
civil rights act of 1968
prohibited gender discrimination in educaiton
civil rights act of 1972
cases in which some group, usually defined along ethnic or racial lines, is denied access to facilities, opportunities, or services available to other groups.
civil rights cases
the federal government cannot prohibit racial discrimination in public accommodations (hotels, restaurants)
civil rights cases (1883)
prohibited gender discrimination in hiring and firing
civil rights of 1964
there was a big incorporation debate...article I of Const. lists a few prohibitions that apply to the states (ex post facto laws,titles of nobility) and the rest of the Const. applied only to the fed. gov. then that all changed with what?
civil war and 14th amendment
corporation have 1st amendment rights, but the government can place more restrictions on __________________ than on ____________________.
commercial speech than on non-commercial speech
what was a major strategy for Southern Christian Leadership Conference and Student Non-violent Coordinating Committee? examples of where this strategy occurred: sit-ins, freedom rides to integrate interstate bus lines, voter registration drives, boycotts, march on Washington
cultivate public opinion by provoking dramatic confrontations
Increasing ______________________ has led to conflicts over civil liberties (christians, jews, atheists, muslisms; gay men be boy scouts leaders; wedding cake for gay couple)
cultural diversity
racial segregation not mandated by lawbut results from residential patterns or other social influences.
de facto segregation
racial segregation that is mandated by law. After the Brown case, it was clear that this type of segregation was unconstitutional.
de jure segregation
Background of the Civil Rights Movement: With the collapse of Reconstruction in the 1870's, African-Americans were systematically denied the right to vote throughout the South, and Jim Crow laws (separate facilities [both private and public] for the races) was the rule. Why? In the South the politically __________________ felt threatened by the newly freed African Americans - ____________________________________________. It runs against human nature to surrender such advantages voluntarily. From 1882 -1946, over 3,000 African-Americans were lynched in the USA.Why didn't the federal government intervene? No political will to intervene While Jim Crow did not rule in the North, there was tension/conflict between African-Americans and lower income whites who felt their jobs and position in society was threatened.
dominant white minority competition for jobs, resources, public services, and living space.
In Green v. County School Board of New Kent County: School district allowed all students to __________________ The result was that the whites remained in the white school and few blacks selected the white school. Result - schools remained segregated - what kind?? USSC rejected New Kent's plan as unconstitutional Failed to product a ____________________________________________
freely select their school. de facto segregation. "unitary, nonracial system of education."
14th amendment only guaranteed ________________ rights such as voting, jury duty, an property ownership
fundamental
Government's can limit/ban advertising for ? Governments can also place limits on advertising for non-harmful products such as attorney services and pharmaceuticals - but the limits must be: *also attorney ads used to be banned, but not now only limited ones*
gambling, cigarettes, and liquor (1) narrowly tailored; (2) in order to serve a substantial public interest.
explain no prior restraint.
government cannot stop something from being published or broadcast or posted on the Internet, except in rare instances BUT, the author or organization can be punished later (censorship)
Work Environment - it is _______ to make an employee work in an environment that is __________________________ due to a steady pattern of offensive sexual teasing, jokes, or obscenity. No "strict liability" - employer is liable only if they were "negligent," meaning that they knew about the hostile environment and did nothing to correct it.
illegal hostile or intimidating
back in 1789, the Constitution applied to the government, but did it apply to the states?
no, it did not. States were free to pass laws that restricted speech or religious freedom. *states were the ones that demanded a clear statement of rights be added to the Const.*
with Swann v. Charlotte-Mecklenburg Board of Education: 1.To be subject to federal court control, a school district must have engaged in __________ historic discrimination 2.Existence of historic all-white or all-black schools = proof of intentional discrimination. 3.Freedom of choice is not sufficient to remedy past segregation. Must achieve _______________ through remedies such as quotas, bussing, or drawing new school district lines. 4.It is not necessary that every school reflect the racial composition of the school district as a whole.
intentional integration
what is one major example of the courts uphold restrictions on citizens during WWII?
internment of citizens of Japanese descent
what is a written statement that defames the character of another person
libel
what is one area of commercial speech that the Supreme Court has vigorously protected relates to? Give an example.
limitations on campaign contributions The McCain-Feingold Campaign Finance Reform Law: One part of the bill limited how much corporations could contribute to campaigns and how much they can advertise The Supreme Court struck down that part of the law that limited corporate spending to fund ads that promote a certain issue - like repealing the Affordable Care Act. Now, *unlimited corporate spending in political campaigns* Citizens United v. Federal Election Commission (2010).
what is the primary method of controlling obscenity? the internet makes those efforts ineffective though PLUS, efforts by Congress to ban porn fro the internet have been unsuccessful
local zoning laws
what does incorporation mean?
making rights in the Constitution apply to the states
what you cannot do with establishment in religion
oHave organized or school-sanctioned prayer in public school or at public school events. oTeach "creationism" or other religiously inspired subjects. oGov't cannot reimburse parents for parochial *religious* school tuition. oGov't cannot provide funds for parochial schools to purchase supplies. oGov't cannot create a special school district for one religious group.
national security act that allowed the government to surveillance people in telephone calls and arrest people for being terrorists
patriot act
for decades, courts struggled with the problem of how to determine if a confession was voluntary...why? The courts wasted time and effort trying to get into the accused's state of mind to determine if confessions were voluntary
police did not hesitate to use the "third degree" to coerce confessions
it is illegal for anyone to request sexual favors as a condition of hiring or promotion. employer will be found liable even if it did not know that an employee was making such demands -- which is what?
quid pro quo rule "strict liability"
supreme court "tests" on discrimination: extremely complex area of law with many apparent inconsistencies in SC rulings what are the three "tests"?
rational basis intermediate scrutiny strict scrutiny
incorporation of civil liberties did not happen all at once in the Slaughter House Cases (1872), the Supreme Court refused to do what?
refused to make all civil liberties applicable to the states *only fundamental rights of citizenship*
The courts are more likely to enforce the "Wall of Separation" in a _________- setting
school
police cannot conduct a search without a ?
search warrant
action or speech that incites the people to rebel against the government
sedition
Incorporating only rights that are FUNDAMENTAL
selective incorporation
with the slaughter house cases, the process of "___________" started. what rights have not been incorporated (the states can restricts these)?
selective incorporation non-incorporated rights: - quartering troops (3rd) - indictment by grand jury for serious crimes (1st) - right to trial by jury in a civil case (7th) - prohibition against excessive bail or fine (8th; states already have this in their Consts.)
1st place that demanded the right to vote for women
seneca falls convention
how do civil liberties differ from civil rights?
similar BUT civil rights means the protection of certain groups from discrimination groups based on race, ethnicity, gender, or sexual orientation (discrimination--certain groups are prevented from enjoying the civil liberties granted by the Const.)
what is an oral statement that defames the character of another person?
slander
the privileges and immunities clause of the 14th amendment does not prevent the states from discriminating against African Americans
slaughter house cases (1873)
As recently as 1986 the Supreme Court held that state laws banning sodomy were constitutional. In Bowers v. Hardwick: In Lawrence v. Texas:
state sodomy bans are constitutional. citing the right to privacy, the states cannot outlaw sexual contact between members of the same sex. Overruled Bowers v. Hardwick
Sexual matters have been traditionally the jurisdiction of the __________ - under their police powers. so they banned access to contraception and to abortion
states
any quota system to favor a race or other minority will face ? _______ cannot be used unless needed to correct a past history of discrimination. ______________________- is not enough to prove past discrimination - must be evidence of actual discriminatory practices. Courts will grant greater deference to preferences established by the federal government.
strict scrutiny Quotas Minority under-representation
Certain conduct such as flag burning and draft card burning is considered what form of speech?
symbolic speech --because the actor's primary purpose is to send a message
What did the SC say in Mapp v. Ohio?
the Supreme Court overruled the Wolf decision and held that the states must comply with the exclusionary rule.
describe USA v. Windsor case.
the USSC held that DOMA was unconstitutional because it deprived legally married same-sex couples (under state law) of federal benefits provided to heterosexual couples.
for federal crimes, if evidence is seized in an illegal search what happens?
the evidence cannot be used in the trial of the accused THE EXCLUSIONARY RULE
in the USA, we do not believe in prior restraint...what does that mean?
the government will rarely block your from publishing a defamatory statement BUT once you do publish it, you can be sued for libel you basically have consequences for your actions of defamatory
true or false: the government can punish speech that presents an imminent danger of causing harmful conduct
true (screaming fire in a theater)
what often creates conflicts between free speech/free press and national security? provide examples.
wars! examples: sedition act of 1798 espionage & sedition acts smith act 1940 internal security at 1950 communist control act 1954 *the patriot act of 2001 ("enhaned surveillance procedures;" 9/11)*
when our security is threatened (actual forces or by phantoms), we tend to do what with our freedoms such as speak. publish, assemble,and organize? and what do the courts do about it?
we tend to restrict those freedoms the courts tend to uphold these restrictions but when the crisis passes, we remove those restrictions (and regret most)
happens when whites refuse to attend public schools with blacks, and transfer to private schools. this leads to what kind of segregation?
white flight de facto segregation
Because of the importance of "intent" in the school desegregation cases, the courts will not intervene if a once-integrated school system becomes unbalanced due to "__________________." USSC is more likely to force district courts to relinquish control of school districts that have not achieved _______________________ due to factors beyond their control. USSC has said that race cannot be the decisive factor for assigning schools where: 1. 2.
white flight full integration (1) the school district never had a history of segregation; or (2) de jure segregation was ended long ago.
why is it hard to win a libel case??
you must prove the statement was false and that you were damaged
what you can do with no establishment of religion
§Students can pray voluntarily on their own. §Gov't can pay for bussing children to parochial schools. §Gov't can provide aid for parochial school construction. §Gov't can provide tax-exempt status to parochial schools. §Parents can deduct parochial school tuition from income taxes. School vouchers
What happened in Miranda v. Arizona?
•the Supreme Court laid down a list of warnings intended to ensure that the accused was: Afforded his rights under the 5th and 6th Amendments; and - Understood his rights under the 5th and 6th Amendments. - now courts could make the assumptions that the confessions were voluntary if the Miranda Warnings were given
