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Liberties and RIghts

QuestionAnswer
Civil liberties Freedoms that protect individuals from government action.
Civil rights Laws that ensure equal treatment under the law.
Key difference: civil liberties vs civil rights Liberties limit government; rights demand equality.
Where are civil liberties mainly found? The Bill of Rights.
Where do civil rights come from? The 14th Amendment and federal laws.
Alexander Hamilton’s objection to a Bill of Rights He feared it would limit rights not listed.
Selective incorporation Applying the Bill of Rights to states through the 14th Amendment.
Case that established selective incorporation Gitlow v. New York.
Protected speech Political, symbolic, and most expression.
Unprotected speech Obscenity, libel, slander, incitement.
Speech plus Speech mixed with action; can be regulated.
Symbolic speech Actions expressing ideas (ex: flag burning).
Prior restraint Government censorship before publication.
Pentagon Papers case Limited government use of prior restraint.
Shield laws Protect journalists’ sources.
Libel Written false statements that harm reputation.
Slander Spoken false statements that harm reputation.
Obscenity Not protected by the First Amendment.
Establishment Clause Government cannot establish a religion.
Free Exercise Clause Protects the right to practice religion.
Lemon Test Test for Establishment Clause violations.
Hobby Lobby case Supports Free Exercise rights.
Second Amendment debate Individual rights vs collective (militia-based) rights.
District of Columbia v. Heller Protects individual gun ownership.
McDonald v. Chicago Applies 2nd Amendment to states.
Habeas corpus Protection from unlawful imprisonment.
Due process Fair treatment by the legal system.
Rights of the accused Lawyer, fair trial, no self-incrimination.
Right to privacy Implied, not directly written in Constitution.
Eminent domain Government taking private property for public use.
Griswold v. Connecticut Recognized right to privacy.
Roe v. Wade Protected abortion under privacy.
Dobbs v. Jackson Overturned Roe; returned abortion laws to states.
Lawrence v. Texas Protected private consensual relationships.
Equal Protection Clause Requires states to treat people equally.
Source of Equal Protection Clause 14th Amendment.
Role of social movements Expanded civil rights through protest and advocacy.
Civil Rights Movement Movement to end racial segregation and discrimination.
13th Amendment Abolished slavery.
14th Amendment Citizenship, due process, equal protection.
15th Amendment Voting rights for Black men.
Plessy v. Ferguson Approved “separate but equal.”
Brown v. Board of Education Ended school segregation.
Jim Crow laws Laws enforcing racial segregation.
19th Amendment Gave women the right to vote.
Challenges facing women Equal pay and sexual harassment.
De facto discrimination Discrimination in practice.
De jure discrimination Discrimination by law.
Strict Scrutiny Test Highest level of review for discrimination cases.
Suspect class Groups given extra protection (race, religion).
Obergefell v. Hodges Legalized same-sex marriage.
Affirmative action Policies to address past discrimination.
DACA Temporary protection for undocumented immigrants brought as children.
DREAM Act Proposed path to citizenship (not passed).
Islamophobia Fear or prejudice against Muslims.
Racial justice movement Addresses inequalities in the criminal justice system
Created by: user-1966892
 

 



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