Gov: Civil Liberties and Civil Rights
Terms
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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"
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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
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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.