Chapter 5 and 6 (Civil Liberties and Civil Rights) Terms to Know
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One's freedom to exercise one's rights as guaranteed under the laws of the country, and the protections the Constitution provides against the abuse of government power.
A vociferous campaign against alleged communists in the US government and other institutions carried out under Senator Joseph McCarthy in the period 1950–54. Many of the accused were blacklisted or lost their jobs, although most did not in fact belong to the Communist Party. Any similar practice that endorses the use of unfair allegations and investigations
The precedent, first clearly articulated by the U.S. Supreme Court in Chicago, Burlington, and Quincy Railroad v. Chicago (1897) and firmly established in Gitlow v. New York(1925), that the Fourteenth Amendment makes the Bill of Rights applicable to state law as well as federal law.
- - State and federal ciizenship for all persons regardless of race both born or naturalized in the United States was reaffirmed.
- - No state would be allowed to abridge the "privileges and immunities" of citizens.
- - No person was allowed to be deprived of life, liberty,or property without "due process of law.
- - "No person could be denied "equal protection of the laws."
Equal Protection Clause
provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws." The Equal Protection Clause can be seen as an attempt to secure the promise of the United States' professed commitment to the proposition that "all men are created equal" by empowering the judiciary to enforce that principle against the states.
Due Process Clause
Denies the governments the rights, without due process, to deprive people of life, liberty, and property.
Courts cases that apply the bill of rights to the states.
Preferred freedoms doctrine: Changed the burden of proof in Bill of Rights Cases, court must defend rights essential to political process, and claimed the court had the responsibility to protect unpopular groups
The establishment clause has generally been interpreted to prohibit 1) the establishment of a national religion by Congress, or 2) the preference by the U.S. government of one religion over another.
Free Exercise Clause
The Free Exercise Clause is the accompanying clause with the Establishment Clauseof the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
Wall of Separation Principle
Seperation of church and state
- 1) The government's action must have a secular legislative purpose;
- 2) The government's action must not have the primary effect of either advancing or inhibiting religion;
- 3) The government's action must not result in an "excessive government entanglement" with religion.
- If any of these 3 prongs are violated, the government's action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution.
Equal Access Act
a United States federal law passed in 1984 to compel federally-funded secondary schools to provide equal access to extracurricular clubs.
A private school supported by a particular church or parish
A government-funded voucher redeemable for tuition fees at a school other than the public school that a student could attend free
Freedom of Expression
Right of people to speak, publisj, and assemble
Oliver Wendell Holmes
his "clear and present danger" majority opinion in the 1919 case of Schenck v. United States
"Clear and Present Danger"
Law should not punish speech unless there was a clear and present danger of producing harmful actions
"time, place, and manner" restrictions
it has recognized that governments may enact reasonable time, place, or manner restrictions on speech.
An act that conveys a political message
A crime motivated by racial, sexual, or other prejudice, typically one involving violence.
Censorship of publication
Writing that flsely injures another person
is an appeal to a morbid, degrading and unhealthy interest in sex, as distinguished from a mere candid interest in sex.
".....any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Act."
a standard imposed by the courts when considering the validity of legislation that touches upon constitutional interests. If the government enacts a law that restricts a fundamental personal liberty, it must employ the least restrictive measures possible to achieve its goal.
John Peter Zenger
He was a defendant in a landmark legal case in American jurisprudence that determined that truth was a defense against charges of libel and "laid the foundation for American press freedom."
a malicious, false, and defamatory statement
Right to associate
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests.
is a formal accusation that a person has committed a crime.
A jury, normally of twenty-three jurors, selected to examine the validity of an accusation before trial.
Substantive due process
the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards
the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered.
a legal principle in the United States, underconstitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law.
"good faith" exception
allows evidence collected in violation of privacy rights as interpreted from the Fourth Amendment to be admitted at trial if police officers acting in good faith (bona fides) reliance upon a defective search warrant — that is, they had reason to believe their actions are legal (measured under the reasonable person test).
is the act of accusing oneself of a crime for which a person can then be prosecuted.
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