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Gov: Civil Liberties and Civil Rights


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Substantive rights
Limits placed on the national government
Procedural rights
Limits that outline how the government should treat individuals
Civil liberties
Things that protect people from being abused by the government
Civil rights
Things that come about as a result of "equal protection under the law"
Marbury v Madison
McCulloch v Maryland
Gibbons v Ogden
Defined the power of various parts of government
Barron v Baltimore
1933: Supreme Court rules that the Bill of Rights only applies to the federal government
Dual citizenship
A citizen is under the jurisdiction of both the national and state governments.
14th Amendment
Applied the Bill of Rights to states, going against Barron v Baltimore
Gitlow v New York
1925: The Court applied the BOR to a state for the first time; Gitlow had advocated the vorcible overthrow of the government.
Governmental accomodation
The ability of the government to allow certain religious practices, and even sometimes allow direct aid to public churches.
Zorach v Clauson
1952: States can provide religious release time programs, because they programs take place away from public places.
Engle v Vitale
1962: struck down daily New York nondeominational prayer
Abington Scool District v Schempp
1963: No bible passages at the start of the school day
Epperson v Arkansas
1968: Stopped Arkansas from forcing teachers NOT to teach evolution.
Lemon v Kurtzman
1971: Lemon test:
-Purpose of legislation should be secular, not religious
-Primary effect can't advance or inhibit religion
-Must avoid "excessive entanglement of government with religion."
Lee v Weisman
1992: School officials can't invite religious speakers to graduations
Westside School District v Mergens
1990: Bible study clubs after school are OK as long as public funds aren't used to pay teachers for it, and they are open to all faiths.
Santa Fe Independent School District v Doe
2000: No student-led prayers before football games if the school provides equipment.
Schenck v United States
1919: Schenck can't use his free speech/press to undermine US efforts in World War One.
Chaplinsky v New Hampshire
1942: "Fighting words" defined as provoking a breach of peace. Later, the Court decided "fighting words" doesn't include ones worn on clothing or aimed at policies.
Roth v United States
1957: Obscenety is not protected by first amendment
Miller v California
Obscene things must appeal to "purient interests," and be obviously offensive sexually, and meet the "SLAPS" test - "serious literary, artistic, political or scientific merit."
New York Times v Sullivan
1964: Libel defined as material written with malice and reckless disregard for truth.
Tinker v Des Moines
1969: Students' rights do exist, and black armbands are OK.
Hazelwood v Kuhlmeier
1988: It's OK to censor school newspapers.
New York Times v United States
1971: The government can't prevent the NYT from publishing the Pentagon Papers.
Texas v Johnson
1988: It's OK to burn flags for symbolic purposes.
R.A.V. v St. Paul
1992: City ordinance that would give stricter penalties for hate crimes was too broad, so it violated the First Amendment.
Reno v A.C.L.U.
1997: Communications Decency Act was unconstitutional because it was too vague regarding internet pornography.
DeJonge v Oregon
1937: 14th Amendment's due process clause applies to freedom of assembly. DeJonge was organizing a Communist party.
Roe v Wade
1972: The Court set up a trimester system where abortions are constitutional and allowed in the first trimester, rules are set up for the second, and states can ban third-term abortions.
Bakke v Regents of California
1978: Bakke was the victim of "reverse discrimination" because of racial quotas. More importantly, however, the Constitution and Civil Rights Act of 1964 CAN be used as the basis for affirmative action.
De jure segregation
Segregation by law
Open Housing Act
Civil Rights Act of 1968; made it illegal to sell real estate based on racial/gender stuff.

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