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Chapter 5
One cannot write, utter, or publish "any false scandalous, malicious writing" with the intention of defaming the president.
This occurred during the French Revolution |
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The Espionage and Sedition Acts of 1917 and 1918
chp 5 |
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| These laws made it a crime to utter false statements that would interfere with the American military-WWI-Redscare lead by Attorney General A. Mitchell Palmer. |
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When did the swarm of Irish Catholics come to America and why? |
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Chapter 5
Potato famine in mid 1800's |
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No state shall "deprive any person of life, liberty, or property without due process of law, or deny any person within its jurisdiction the edual protection of the laws."
Chp 5 |
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Denies the goverment the right, without due process, to deprive people of life, liberty, and property.
Chp 5 |
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| Equal protection of the law |
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A standard of equal treatment that must be observed by the government.
Chp 5 |
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(1925) Supreme Court says the First Amendment applies to states.
Chp5 |
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(1937) Supreme Court says that states must observe all fundamental liberties.
Chp5 |
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Court cases that apply Bill of Rights to states.
Chp5 |
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Right of people to speak, publish, and assemble.
Chp5 |
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People shall be free to exercise their religion, and government may not establish a religion.
Chp 5 |
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Censorship of a publication.
Chp 5 |
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| The clear-and-present-danger test |
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Laws should not punish speech unless there was a clear and present danger of producing harmful actions.
Chp 5 |
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| Which forms of speech are not protected? |
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Definition
Libel-Writing that falsely injures another person.
Obscenity can be regulated by the state
Symbolic speech-An act that conveys a political message.
Chp 5 |
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| Chaplinsky v. New Hampshire |
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Definition
| (1942) "Fighting words" are not protected by the First Amendment. |
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(1978) The Nazi party may march through a largely Jewish neighborhood.
Chp 5 |
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| McConnell v. Federal Election Commission |
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(2003) Upholds 2002 campaign finance reform law
chp5 |
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1973 Obscenity defined as appealing to prurient interests of an average person with materials that lack literary, artistic, political, or scientific value.
chp5 |
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| New York Times v. Sullivan |
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1964 To libel a public figure, there must be "actual malice"
chp5 |
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1997 A law that bans sending "indecent" material to minors over the internet is unconstitutional because indecent is to vague and broad a term.
chp5 |
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1919 Speech may be punished if it creates a clear-and-present-danger test of illegal acts.
chp5 |
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1989 There may not be a law banning flag burning
chp 5 |
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| McCain-Feingold campaign finance reform law |
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2002 organizations cannot pay for electioneering communications.
chp 5 |
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First Amendment requirement that law cannot prevent free exercise of religion.
chp5 |
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First Amendment ban on laws "respecting an establishment of religion"
chp 5 |
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Court ruling that government cannot be invovled with religion 1947
chp 5 |
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It has a secular purpose
Its primary effect neither advances nor inhibits religion
It does not foster an excessive government entanglement with religion
chp5 |
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Improperly gathered evidence may not be introduced in a criminal trial.
chp 5 |
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| 1962 There may not be a prayer, even a nondenominational one, in public schools. |
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| Everson v. Board of Education |
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1947 The wall of seperation principle is announced
chp 5 |
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1992 Public schools may not have a clergy lead prayers at graduation ceremonies.
chp5 |
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1971 3 tests are described for deciding whether the government is improperly involved with religion
chp 5 |
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| Santa Fe Independent School District v. Doe |
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Students may not lead prayers before the start of a football game at a public school.
chp 5 |
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| 2000Voucher plan to pay school bills is upheld |
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1952 States may allow students to be released from public schools to attend religious instruction
chp5 |
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| A judges order authorizing a search |
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Reasonable cause for issuing a search warrent or making an arrest; more than mere suspicion.
chp 5 |
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| An error in gathering evidence sufficiently minor that it may be used in a trial |
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| passed after 9/11 designed to increase federal powers to investigate terrorists |
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| 2000 The Mapp decision is based on the Constitution and it cannot be altered by Congress passing a law |
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| 1964 Persons charged with a crime habe the right to an attorney even if they cannot afford one. |
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| Evidence illegally gathered by the police may not be used in a criminal trial. |
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| 1966 Court describes ruling that police must give to arrested persons asserting their right to remain silent |
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| 2004 Terrorist detainees must have access to a nuetral court to decide if they are legally held |
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| Illegally obtained evidence may be used in a trial if it was gathered in good faith without violating the principles of the Mapp decision. |
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| The rights of people to be treated without unreasonable or unconstitutional differences. |
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Suspect classifications chp6 |
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| Classifications of people on the basis of their race or ethnicity. |
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| 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. |
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| Seperate-but-equal doctrine chp 6 |
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A magazine edited by WEB Du Bois chp6 |
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| Which Chief Justice overturned Plessy v. Feguson? |
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| What did the Court rely on in 1970's to claim seperate but equal was unconstitutional? |
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| racial segregation that is required by law chp 6 |
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racial segregation that occurs in schools, not as a result of the law, but as a reslut of patterns of residential settlment. chp 6 |
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| (1896) Upheld seperate-but-equal facilities for white and black people on railroad cars. |
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| Brown v. Board of Education |
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| (1954) chp 6 Said that seperate-but-equal public schools are inherently, unequal, thus starting racial desegregation. |
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| Green v. County School Board of New Kent County |
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(1968) Banned a freedom-of-choice plan for integrating schools, suggesting that blacks and whites must actually attend racially mixed schools. chp6 |
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| Swann v. Charlotte-Mecklenburg Board of Education |
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| chp 6 (1971) Approved busing and redrawing district lines as ways of integrating public schools. |
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chp 6 When whites flee a neighborhood unusually fast due to the blacks moving in. |
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Opposing a law one considers unjust by peacfully disobeying it and accepting the resultant punishment. chp 6 |
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| Four things that led to Civil rights change for Blacks |
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Definition
1. public opinoin was changing 2. Violent whites were more broadly broadcastedEugene ":Bull" Conner ordered attack dogs in 1963 3. President Kennedy was asassinated. 4. Elections landslided Johnson into victory along with other Democrats. chp 6 |
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| Those four factors led to 5 new civil rights bills |
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3 chieflt protected voting 1957, 1960, 1965 1 prevented discrimination in houseing 1968 1 dealt with voting, employment, schooling, and public accomodations 1964 |
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1920 woman the right to vote chp 6 |
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prohibits any state from denying "any person" the "equal protection of laws" chp 6 |
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chp 6 (1971)Gender discrimination violates the equal protection clause of the constitution |
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Gender discrimination can opnly be justified if it serves "important governmental objectives" and be "substantially related to those objectives." chp 6 1976 |
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| 1981 Congress can draft men without drafting women chp 6 |
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1996 State may not finance an all male military school chp 6 |
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state powers to effect laws promoting health, safety, adn morals. chp 6 |
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1965 Found a "right to privacy" in the Constitution that would ban any state law against selling contraceptives. chp 6 |
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| 1973 State laws against abortion were unconstitutional chp 6 |
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| Webster v. Reproductive Health Services |
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1989 Allowed states to ban abortions from public hospitals and permitted doctors to test to see if fetuses were viable chp6 |
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| Planned Parenthood v. Casey |
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1992 Reaffirmed Roe v. Wade but upheld certain limits on its use. chp 6 |
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2000 States may not ban partial birth abortions if they fail to allow an exception to protect the health of the m other. chp 6 |
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Prohibits federal funding for abortions 1976 chp 6 |
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making certain people achieve the same result chp 6 |
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programs designed to increase minority participation in some institution by taking positive steps to appoint more minority group members chp 6 |
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using race or sex to give preferential treatment to some people chgp 6 |
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Giving people an equal chance to succeed chp6 |
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"helping disadvantaged people catch up, usually by giving them extra education, training, or services." Majority supports this chp 6 |
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| United Steelworkers v. Weber |
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Definition
1979 Despite the ban on racial classificationsin the 1964 Civil Rights Act, this case upheld the use of race in an employment agreement between the steelworkers union and steel plant. chp 6 |
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| Grutter v. Bollinger and Gratz v. Bollinger |
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Definition
2003 Numerical benefits cannot be used to admit minorities into college, but race can be a "plus factor" in making those decisions. chp 6 |
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2003 5:4 State law may not ban sexual relations between same-sex partners. chp 6 |
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| Boy scourts of America v. Dale |
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Definition
| 2000 5:4 A private organization may ban gays from its membership. |
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| What are the two most important issues |
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Definition
| abortion and affirmative action |
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