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| charges that unfairly or dishonestly tarnish the motives, attack the patriotism, or violate the rights of individuals, especially of political opponents. Refers to the numerous unsubstantiated accusations of communism made against public and private individuals by Senator Joseph McCarthy in the 1950s. |
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| the consititutional rights of Americans to "Freedom of speech, or of the press, or the right of people peaceably to assemble, and to petetion the government for a redress of grievances" as outlined in the 1st amendment to the Constitution |
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| the religious rights of Americans outlined in the 1st Amendment to the COnsitution. The amendment states that "Congress shall make no law respecting an establishment of religion; or abridging the free exercise thereof" |
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| the traditional view of the press's free speech rights as expressed by William Blackstone, the great English jurist. According to this view the press is guaranteed freedom from censorship--that is, rules telling it in advance when it can publish. After publication, however, the government can punish the press for material that is judged libelous or obscene. |
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| clear-and-present danger test |
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| a legal interpretation that reconciled two views of the 1st amendment right of free speech, the first that Congress could not pass any law to restrict speech and the second that it could punish harms caused by speech. Proposed by SC justice Oliver Wendell Holmes in 1919, it held that Congress could punish only speech that created a "_________________________" of bringing about the actions that Congress is authorized to prevent |
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| protection against arbitrary deprivation of life, liberty, or property as guarunteed in the 5th and 14th Amendment |
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| a written statement that falsely injures the reputation of another person |
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| an act that conveys a political message, such as burning a draft card to protest the draft |
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| a cluase in the 1st Amendment to the Constitution stating that Congress shall make no law prohibiting the "_____________" of religion |
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| a clause in the 1st Amendment to the Constitution stating that Congress shall make no law "respecting an establishment of religion" |
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| wall-of-separation principle |
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| a Supreme Court interpretation of the establishment clause in the 1st Amendment that prevents government involvement with religion, even on a non-preferential basis |
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| a rule that holds that evidence gathered in violation of the Constitution cannot be used in a trial. The rule has been used to implement two provisions of the Bill of Rights--the right to be free from unreasonable searches or seizures (4th amendment) and the right not to be compelled to give evidence against oneself (5th Amendment) |
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| an order from a judge authorizing the search of a place; the order must describe what is to be searched and seized, and the judge can issue it only if he or she is persuaded by the police that good reason (probably cause) exists that a crime has been committed and that the evidence bearing on the crime will be found at a certain location |
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| a good reason that must exist to believe that a crime has been committed and that the evidence bearing on that crime will be found at a certain location |
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| admission at a trial of evidence that is gathered in violation of the Constitution if the violation results from a technical or minor error |
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| the rights of citizens to vote, to receive equal treatment before the law, and to share equally with other citizens the benefits of public facilities (such as schools) |
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| classifications of people on the basis of their race and ethnicity. the courts have ruled that laws classifying people on these grounds will be subject to "strict scrutiny" |
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| a slang expression for African Americans that emerged in the 1820s and came to signify the laws and governmental practices designed to segregate blacks from whites, especially in the American South |
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| separate-but-equal doctrine |
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| the doctrine established in Plessy v. Ferguson (1896) in which the Supreme Court ruled that a state could provide "separate but equal" facilities for African Americans |
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| racial segregation that occurs because of laws or adminstrative decisions by public agencies. When state laws, for example, required blacks and whites to attend separate schools or sit in separate sections of a bus, __________ ____________ resulted. |
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| racial segreation in schools that occurs not because of laws or administrative decisions, but as a result of patterns of residential settlement. To the extent that blacks and white live in separate neighborhoods, neighborhood schools will often be segregated ___________. |
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| nonviolent civil disobedience |
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| a philospohy of opposing a law one considers unjust by peacefully violating it and allowing oneself to be punished as a result |
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| the standard by which the Supreme Court judges classifcations based on race. To be accepted such a classifaction must be closely related to a "compelling" public purpose. |
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| the requirement, imposed by law or administrative regulation, that an organization (business firm, government agency, labor union, school, or college) take positive steps to increase the number or proportion of women, African Americans, or other minorities in its membership |
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| using race or sex to give preferential treatment to some people |
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| a view that it is wrong to use race or sex either to discriminate against or give preferential treatment to minorities or women |
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| came from the Supreme Court case in which the Court ruled that, upon arrest, a suspect must be advised of the right to remain silent and the right to consult with a lawyer--these rules govern how police must conduct an arrest and interrogation |
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| Brown v. Board of Education |
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| the 1954 case in which the Supreme Court overturned the "separate but equal" standard as it applied to education. In a 9-0 decision, the court ruled that "separate educational facilities are inherently unequal." "Separate but equal" had been the law of the land since the Court had approved it in Plessy v. Ferguson. |
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| federal law that made segregation illegal in most public places, increased penalties and sentences for those convicted of discrimination in employment, and withheld federal aid from schools that discriminated on the basis of race or gender |
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| the 1896 Supreme Court ruling that "separate but equal" facilities for different races are not unconstitutional. This ruling opened the door in 75 years of state-sanctioned segregation in the south |
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| the 1973 Supreme Court case that decriminalized abortion |
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| prevented the states from denying "due process of law" and "equal protection under the law" to citizens. The amendment was specifically aimed at protecting the rights of newly freed slaves. In the 20th century, the Supreme Court used the amendment to strike down state laws that violate the Bill of Rights |
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| Espionage Act and Sedition Act |
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| 1917 and 1918 laws that severely curtailed the civil liberties of Americans during wartime and greatly increased the power of the federal government in controlling public activity. Made it a crime to utter false statements that would interfere with the American military, to send sketchy mail. Created during WWI because of fear of German spies in America. Led by Mitchell Palmer and led to the Red Scare. |
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| declared the Communist Party to be part of a conspiacy to overthrow the government. Made during WWII and Korean War--fear of foreign agents. Created by Joseph McCarthy. |
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| the 1798 law which made it a crime to write, utter, or publish any false, scandalous, and malicious writing with the intention of defaming the president, Congress, or the government or of exciting against the government "the hatred of the people" Created by Thomas Jefferson |
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| the law that made it illegal to advocate the overthrow of the U.S. government by force or violence (1940) |
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| the law that required members of the Communist Party to register with the government (1950) |
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| the work, taken as a whole, must be judged by "the average person applying contemporary community standards" to appeal to the "prurient interest" or to depict "in a patently offensive way, sexual conduct specifically defined by applicable state law" and to lack "serious literary, artistic, political, or scientific value" |
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| a crime that violates the victim's civil rights and that is motivated by hostility to the victim's race, religion, creed, national origin, sexual orientation, or gender |
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| A famous person whose life and behavior are the focus of intense public interest and scrutiny. |
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| a resident born in or belonging to another country who has not acquired citizenship by; a foreigner. |
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| An action designed to help members of disadvantage groups, especially minorities and women, catch up, usually by giving them extra education training, or services. |
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| situation in which every person has an equal chance, especially in areas such as education, employment and political participation. |
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| is a provision barring the use of federal funds to pay for abortions for low-income women, first passed by Congress in 1976. It was so named because its chief sponsor was Republican Congressman Henry Hyde of Illinois. The measure was introduced in response to the Supreme Court’s 1973 Roe v Wade decision legalizing abortion, and represented the first major legislative success by abortion opponents in the US. |
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| National Assocation for the Advancement of Colored People (NAACP) |
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| one of the oldest and most influential civil rights organizations in the US. |
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| To give preference to one class of workers or applicants over another class of workers or applicants because of their disability, sex or race. Most often used as it relates to affirmative action efforts to bring about parity. |
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| was a decision of the Supreme Court holding that the Congress could require the Selective Service system to adopt a policy of requiring only men to register for the draft. The court did not support the challenge, observing that "the purpose of registration was to preprare for draft of combat troops" and that "Congress and the Executive have decided that women should not serve in combat" |
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| Swann v. Charlotte-Mecklenburg |
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| set the guidelines for all subsequent cases involving school segregation. involved a NC school district with busing issues and trying to integrate blacks and whites. a classification of groups which meet a series of criteria suggesting they are likely the subject of discrimination |
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| the movement of whites, esp. middle-class whites, from neighborhoods undergoing racial integration. |
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