Civil Liberties
Terms
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- Exclusionary rule
- A rule that prevents evidence obtained in violation of the fourth amendment from being used in court against the defendant.
- Separation of church and state
- Says that the State shall not get involved with any religion.
- Freedom Of Speech
- The first Amendment guarantee of a right of free expression.
- Libel
- Printed or broadcast statements that are false and tarnish someone's reputation.
- Establishment Clause
- The First Amendment clause that prohibits the establishment of a church officialy supported by government.
- Speech Plus Conduct
- Speech combined with conduct that is intended to convey ideas; EX, a sit-in where the protesters, chant slogans.
- Prior Restraint
- Censorship by restraining an action before it has actually occured Ex, forbidding publication rather than punishing the publisher after publication has occured.
- Miranda Rights
- A means of protecting a criminal suspects rights against self incrimination during police interrogation. Before interrogation, suspects must be told that they have a right to remain silent, that anything they say can be used against them. That they have a right to an attorney; one will be provided for them. The rights are named after the case Miranda v. Arizona
- Equal Protection Clause
- The 14th amendment clause that is the constitutions primary gurantee that government will treat everyone equally.
- De Jure segregation
- Segregation imposed by law, outlawed by Brown v. Board of education and subsequent court cases.
- Unreasonable Searches and Seizures
- Searches and arrests that are conducted without a warrant or that do not fall into one of the expectations to the warrant requirement; prohibited by the the Fourth Amendment.
- de FActo Segregation
- Segregation that is based on residential patterns and is not imposed by law; because it cannot be eliminated by striking down a law, it is more intractable than DE Jure segregation.
- Cruel and Unusual Punishment
- Torture or any punishment that is grossly disproportionate to the offense, prohibited by the Eigth Amendment
- Plassy V. Ferguson
- The 1986 Supreme court case in which the court upheld segregation by enunciating the Separate but equal doctrine.
- Pure Speech
- Speech without any conduct.
- Brown v. Board Of education
- The 1954 case in which the US supreme court overturned the Seperate But Equal doctrine and ruled unanimously that segregated schools violated the 14th amendment.
- Public Forum
- A public place such as a street, sidewalk or park where people have there first amendment rights to express their views on public issues.
- Jim Crow Laws
- Laws enacted in southern states that segregate schools, public accommodations, and almost all other aspects of life.
- Affirmative action
- A policy in job hiring or university admissions that gives special considerations to members of traditionally disadvantaged groups in an effort to compensate for the effects of past discrimination.
- McCarthyism
- Methods of combating comunism characterized by irresponsible accusations made in the basis of little or no McCarthy of Wisconson who used such tactics in the 1950's.
- Right to Privacy
- A right to autonomy-to be left alone-that is not specifically mentioned in the US constitution, but has been founded by the US supreme court to be implied through several amendments.
- Sperate but equal Doctrine.
- The principle enunciated by the US supreme court in Plessy vs. Ferguson in the 1896 that allowed seperate facilities for blacks and whites as long as the facilities were equal.
- Civil Rights act of 1964
- Major civil rights legislation that prohibits discrimination in the sale or rental of housing on the basis of race, color, religion, or national origin; also prohibits BLocking, STEEring and Redlining.
- Presumed innocence
- Says that the state, or courts must prove guilt.
- Symbolic Speech
- the use of symbols rather than words to convey ideas: wearing black arm bands and burning flags to protest gov't policy.
- Racial Profiling
- The assumption that minorities, especially makes, are more likely to commit crimes, especially ones involving drugs, targets minorities for stops and searches.
- Due process
- The guarantee that the government will follow fair and just procedures when prosecuting a crimianl defendant.
- Obscenity
- Sexual material that is patently offensive to the average person in the community and that lacks any serious literary, artistic or scientific value.
- NAACP (national association for the advancement of colored people)
- An organization founded in 1909 to fight for black rights, its attorneys challenged segregation in the courts and won many important court cases, most notably, Brown Vs. Board of Education.
- Free excercise clause
- The first amendment clause that guarantees individuals the right to practive their religion without gov't intervention.
- Equal rights Amendment (ERA)
- A proposed amendment to the constitution that would prohibit government from denying equal rights on the basis of sex; passed by congress in 1972 byt failed to be ratified by a sufficient number of states.