Term
| What does the 1st Amendment not protect the rights of? |
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Definition
| o Obscenity
o Lewdness ex: grabbing private part in public”
o Libel: lie about someone that is written
o Fighting words |
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Term
| What does the Consititution depend on? |
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Definition
| The ability to exchange ideas without fearing the consequences. |
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Term
| What is a vibrant democracy? |
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Definition
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Term
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Definition
| 1798- Made it illegal to criticize the government. The government 1st attempt to eliminate freedom of speech. (lasted only 5yrs.) |
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Term
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Definition
| 1919-Schenck was handing out pamphlets not to go to war. Constitution said he could distribute this because it was the time of way- and that it was describing clear and present danger. |
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Term
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Definition
| 1969- Brandenburg vs. Ohio-said you can’t direct incitement to violence with written words. |
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Term
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Definition
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Term
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Definition
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Term
| What happens if you commit libel or slander? |
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Definition
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Term
| New York Times vs. Sullivan |
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Definition
| 1964- malicious intent! Where they didn’t know it was false yet they still published it. They were alleging something that was false! Sullivan lost. |
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Term
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Definition
| 1984-They weren’t alleging something they were just making fun of someone-and its ok if everyone knows they are. |
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Term
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Definition
| 1957- can this new obscene material be allowed. The constitution didn’t know what to do…so they left it up to the community to decide! Community decided where to zone these places and whether of not they want it. |
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Term
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Definition
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Term
| List the values of nudity that are considered obscene. |
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Definition
| Literary
Artistic
Political
Scientific |
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Term
| Who in the end should the decision be left up to for the obscenity nudity? |
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Definition
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Term
| Child Online Protection Act |
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Definition
| 1996- made it the responsibility to control what children’s view on the internet. In the end the Internet Service Providers (ISP- said that it should be the responsibility of the parents. |
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Term
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Definition
| 1989- said: Johnson wanted to burn the American Flag- Texas said you can’t but he went to jail-case went to US. Supreme Court and they said that it can be burnt because it represents a sort of Free Expression. |
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Term
| Federal Flag Protection Act |
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Definition
| 1989- Federal flag was burnt. To make flag burning unconstitutional you would have to amend the law! (Constitution) |
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Term
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Definition
| 1989- Federal law was struck down! In favor of Eichmann. |
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Term
| What is the purpose of the 4th Amendment? |
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Definition
| The purpose was to deny General searches- it was used to search to see if people had Bibles because at that time bibles were not to be printed and if you had one, then you could be tried. |
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Term
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Definition
| You probably did the crime, so therefore they can search your house. |
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Term
| What is reasonable suspicion? |
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Definition
| You need a search warrant. |
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Term
| Where do you recieve that warrent from? |
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Definition
| You receive that warrant from a neutral judge and the premises where they are searching. |
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Term
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Definition
| 1914- Exclusionary rule- evidence that has been denied, if it was improperly collected, then it cannot be used. |
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Term
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Definition
| If the police were to go to the wrong and investigate the wrong address and find something illegal they can use that in court. |
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Term
| You can have searches without a warrant: |
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Definition
1. Person being arrested
2. Plain view of accused—anything the person is around while being.
3. immediate control of accused
4. Stop and frisk you---under reasonable suspicion.
5. Consent from anyone in the house
6. Drunk driver
7. Open field— because there is no reasonable expectation
8. Anyone who opens the door…SEARCH!
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Term
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Definition
| Cars are searched very easily. |
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Term
| What search law did they make in 1955? |
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Definition
| Court ruled that the police needs to knock before they enter a residency. |
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Term
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Definition
1. Being hired for a job—if they want the job.
2. Test employee that’s been in an accident
3. High School testing has to be mandatory – drug testing and alcohol testing is constitutional.
4. Convicted Felons |
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Term
| What does the 5th Amendment protect you from? |
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Definition
| Having to be a witness against yourself. |
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Term
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Definition
| •1966 - He appealed police have a tremendous advantage in interrogation. The police didn’t read him his rights and interrogated him for hours. So he won on technicality. The court would not necessarily give in if the police failed to read a person their rights if there is other strong evidence. |
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Term
| What is the 6th Amendment? |
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Definition
| 1st part- guarantees the right to counsel. |
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Term
| What did the court rule in 1932? |
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Definition
| Supreme Court ruled that a free attorney for the death sentence or capital crime is required. |
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Term
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Definition
| 1963- Gideon was accused of stealing from a cigarette machine- and while in jail he wrote on a napkin that he wanted an appeal and that he was required an attorney. |
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Term
| What did the court rule in 1972? |
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Definition
| Misdemeanors are allowed to have state funded attorneys. |
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Term
| What did the court rule in 1978? What did this provide? |
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Definition
The court ruled that if an accused person can do can receive any jail time then they can receive an attorney paid by the state.
Provides for a speedy and impartial jury. |
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Term
| How long are jury trials? |
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Definition
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Term
| What does the 8th Amendment prohibit? |
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Definition
Crueland unusual punishment
ex. Capital Punishment 38 allowed- 37 allowed needle injection. |
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Term
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Definition
| 1972- Furman was burglarizing a private home when a family member discovered him. He attempted to flee, and in doing so tripped and fell. The gun that he was carrying went off and killed a resident of the home. He was convicted of murder and sentenced to death (Two other death penalty cases were decided along with Furman: Jackson v. Georgia and Branch v. Texas. These cases concern the constitutionality of the death sentence for rape and murder convictions, respectively). |
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Term
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Definition
| 1976- A jury found Gregg guilty of armed robbery and murder and sentenced him to death. On appeal, the Georgia Supreme Court affirmed the death sentence except as to its imposition for the robbery conviction. Gregg challenged his remaining death sentence for murder, claiming that his capital sentence was a "cruel and unusual" punishment that violated the Eighth and Fourteenth Amendments. |
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Term
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Definition
| 1987- McKesley said that the death penalty was discriminatory because more black people were on death row. But they did not agree with each case was checked and it didn’t violate the 14th Amendment. |
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Term
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Definition
| 1991- you can’t have multiple appeals McKesley later died. |
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Term
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Definition
| 2002-If you have an I.Q. under 80 you have to be institutionalized instead of the death penalty. You can’t be given the death penalty to a mentally challenged or handicapped person. |
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Term
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Definition
| 2006- Injection death penalty said to be too painful. Because the people are unconscio0us when they are being killed they don’t know whether or not it’s painful so they are delaying it. |
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Term
| What are the rights to privacy? And where is it found? |
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Definition
| In Constitution but is inferred! In Amendments: 1,3,4,5,9, and 14 ( all put together in right to privacy). |
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Term
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Definition
| 1990- you can’t decide if you should take the feeding tube out, but if it’s in a will, and then you can take it out. But if you don’t than the law can keep you alive. |
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Term
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Definition
| Husband wants it take out tube but parents want to keep daughter alive. |
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Term
| Is their a constitutional right to assissted suicide? |
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Definition
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Term
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Definition
| 2003- South Carolina upheld the assisted suicide. If you terminally ill (6 months to live) and 2 doctors agree they allow you to get a pill. However, they can’t administer the drugs to the patients. |
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Term
| What is the one state that has allowed assissted suicide? |
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Definition
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Term
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Definition
| 1965- Passed the Constock laws- he thought (Comstack) that contraceptive was obscene. Supreme Court said that man and woman (married) have the right to plan to have kids using contraceptives. Then moved on to unmarried couples as well. |
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Term
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Definition
Courts agreed that woman should have the right to abortion. Divided the pregnancy into 3 months. If it’s her body, it’s her choice.
• 1st trimester—
• 2nd trimester--woman has to have a health issue
• 3rd trimester- the rights of the infant is more important than that of the woman’s. |
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Term
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Definition
| Says no federal funds can be used for an abortion. (like medicade funds can’t pay for abortion). |
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Term
| Webster vs. Reproductive health services |
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Definition
| Asks if the fetus can live outside of the woman? If it can't you can you can’t have an abortion. Upheld the states right to impose this test! (Court ruled). |
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Term
| Planned parenthood vs. Casey |
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Definition
| You have to wait 24 hours before you can have an abortion.1st day counseling and 2nd day you can have it. |
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Term
| Partial Birth Abortion Act |
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Definition
| Banned the 2nd trimester the baby was half born and the head comes out and they kill the baby by bashing the head in and taking the brains…NOW BANNED!---PROMOTED BY REPUBLICANS! |
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Term
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Definition
| 1986-Court upheld Georgia against sodomy-Anal and oral sex. Roomates let police in and caught them having sex. So they were tried with Sodomy laws. |
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Term
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Definition
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Term
| Can Boy scouts exclude gays from being scout leaders? |
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Definition
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Term
| Did the civil rights solve segregation? |
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Definition
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Term
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Definition
| State cannot deny any person with equal jurisdiction. |
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Term
| Where did the North get their profit from? |
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Definition
| Industrial, it was graphically booming! |
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Term
| Where did the South get their profit from? |
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Definition
| More dependent on agriculture |
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Term
| What was the biggest issue of the North and South? |
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Definition
| Becoming free or slave states. |
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Term
| Tariff and what kind do we have today? |
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Definition
| Tax on trade: No export tariffs, only import tariffs. |
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Term
| Why did the North and South want different things? |
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Definition
• North wanted: import tariffs, so American goods could be purchased (get rid of competition).
• South did not like tariffs because of agricultural products (and they would have taxes). |
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Term
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Definition
| Formed American Anti-Slavery Society- abolish slavery, they took control of Liberia, which was free of slavery. |
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Term
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Definition
| He included all races and dealt with many other things other than slaver, women were very anti-slavery, they were not allowed to participate in all American anti-slavery, therefore Frederick Douglass quit. |
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Term
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Definition
| Conference in 1848- to discuss woman suffrage—Lucretia Mott and Elizabeth Cody Stanton, they discussed divorce right (seeing children), husband died (property rights). |
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Term
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Definition
| Wrote Uncle Tom’s Cabin whcih opened eyes for slavery, most people did not travel much, so the northerners got to “see” the horridness of slavery. It strengthened anti-slavery in the north. |
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Term
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Definition
| 1856-Master went to a free state, and he argued he was no longer a slave, because he had no constitutional rights. |
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Term
| Emancipation Proclamation |
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Definition
| Abraham Lincoln- 1863- - which freed southern states but not border states. |
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Term
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Definition
You had to ratify amendment with full rights into Union.
•In order for states to have full rights they had to abide by these three amendments:
14th Equal protection,
15th- Black men vote,
13th Free Slaves |
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Term
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Definition
| 1866- Made black codes illegal and unconstitutional, republicans did not want to be easy. |
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Term
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Definition
| Wanted South to slide back onto Union, vetoed almost all Civil Rights Act but Congress overwrote veto, impeach but not convicted. |
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Term
| Women’s Suffrage Association |
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Definition
| 1870- Made by Susan B Anthony and Stanton, they wanted women’s rights to vote. |
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Term
| Who was more clear in establishing black rights? |
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Definition
| Congress was clear in desire to protect black rights, but not Supreme Court. Court ruled against broad interpretation of 14th amendment. |
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Term
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Definition
Segregated laws: restaurants, busses, railroad cars, bathrooms, etc.
They were constantly upheld by courts. |
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Term
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Definition
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Term
| How did the states find ways to stop blacks from viting? |
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Definition
| Tests, property owning qualifications, poll tax (blacks did not have the skills because they were slaves, only farm skills). |
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Term
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Definition
| Take away money from people. |
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Term
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Definition
1890-1920- New Push for reforms
(economy, society, government). |
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Term
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Definition
| No competition in sectors. |
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Term
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Definition
1896-
Plessy- 7/8 white, 1/8 Black- segregation of bus---went to white section and got arrested.
Separate but equal doctrine: separate facilities for black and white but equal. |
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Term
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Definition
1909- “National Association of the Advancement of Colored People”—Founders: WEB. Dubious (Black Historian) and Jane Adams (integrate immigrants).
They were devoted to solving problems for the blacks. |
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Term
| How did NAACP try to intergrate? |
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Definition
| Courts changed in perspective, so NAACP tried to integrated graduate and law schools because people were more education and more open minded. |
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Term
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Definition
1936 - rejected from school
They said they would make school but they couldn’t allocate any funds.
He appealed; court said you have to admit him into college. |
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Term
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Definition
| Carefully orchestrated more challenges |
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Term
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Definition
Aapplied to University of Texas law school
Denied, 6 months to make school or get him in college
Opted to continue case. |
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Term
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Definition
He was admitted to the University of Oklahoma
Only allowed him to eat outside of hours |
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Term
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Definition
1954- Linda Brown
Girl very close to white school
Black school very similar to white school
Thurgood used an “American Dilemma”
Gunnar Myrdal- doll studies-
Used evidence to show black girl esteem lowered when they choose the white dolls.
Court said separate “inherently” unequal = separate by nature unequal |
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Term
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Definition
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Term
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Definition
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Term
| What did the Southern Christian Leadership Conference leadership Conference (SCLC) believe in? |
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Definition
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Term
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Definition
Was for the Civil Rights Acts.
Got assassinated and in 1964 they pushed the Civil Rights Act into law.
8 weeks of filibuster |
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Term
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Definition
1. illegal to discriminate voting rights.
2. Barred discrimination public accommodations and interstate commerce.
3. Authorize Federal Government and Attorney General could sue laws suits against discrimination.
4. Allow federal government to withhold funds state and local programs. (if you want these funds…you can’t discriminate).
5. Can’t be discrimination against: race, color, religion, national origin, sex. Ex: Job Employment
6. Congress established a regulatory commission which was the equal employment opportunity commission. |
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Term
| What did Malcolm Xbelieve black people should fight like? |
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Definition
| Black people had a power and they would fight for that person. |
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
| Least restrictive means to a permissible goal. |
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Term
Said sex can only be used if it meets the intermediate standard.
I.S. has to these questions: |
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Definition
1. Is the goal important?
2. Is the policy or law substantially related to that law.
Struck Down:
1. Single sex nursing schools.
2. Single sex military academy.
3. Laws that consider a man at 21 and a girl at 18.
4. Preemptory challenge: jury is dismal without ay reason.
Upheld
1. Draft for males only
2. Statutory rape only to female victims. |
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Term
| Strict scrutiny vs. Intermediate Standards |
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Definition
| Race can only be used under strict scrutiny! |
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Term
| What do Native Americans Indians have access to? |
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Definition
Access to tribal hunting grounds. (fishing)
Access to burial and holy grounds, tax exemption |
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Term
| What drug did the Indians have and able to keep? |
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Definition
| 1924- Indians became citizens and voting (they have access to “pay-oh-tee” (drug) on certain days and on certain land. |
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Term
| Populations of Spanish people in America |
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Definition
1. 5 million Mexicans
2. 2 million Puerto Ricans
3. 1 million Cubans
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Term
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Definition
Not protected under 1964 civil rights act or protected under the 14th amendment.
Gay’s and Lesbians are usually more wealthy
Don’t ask, Don’t tell
Sexual preference not protected |
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Term
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Definition
| “Passage of American’s with Disabilities Act.” --defined what a disabled person is ADA. |
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Term
| What does disabled actually mean? |
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Definition
| Person impairment that doesn’t allow them to perform everyday tasks. |
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Term
| Court ruling about impairment |
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Definition
| Court ruled-1996- if the impairment can be corrected then it does not fall under the protection of ADA. |
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Term
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Definition
| 1966- courts ruled that people with AIDS and pregnant women are covered under the ADA. |
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Term
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Definition
| Push people up who’s been pushed down in the past. |
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Term
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Definition
| University of California-1978- Bakke was denied acceptance to medical program at UCA. Quota they saved for minorities and they picked black students with lower grades--Bakke sued and said under the 14th Amendment it was wrong and he won. |
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Term
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Definition
| Top 20% of every graduation class is promised a spot regardless of color in any Florida public University. |
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Term
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Definition
| 2005- Upheld affirmitive action |
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Term
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Definition
| 5/4 Decision said that using race as a criteria (not the only criteria) but it can be used as 1 form of criteria it passed strict scrutiny. |
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