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46 Cards in this Set
- Front
- Back
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What is seditious speech?
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forbid people from advertising from advocating the violent overthrow of govt
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What is the Smith Act of 1940?
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made it illegal to advocate the violent overthrow of the govt or to join and organization that did so
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What did Brandenburg v. Ohio (1969) rule?
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abstract teaching of violence is protected unless it is directed to inviting and likely to incite imminent lawless action (kkk, black panthers)
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What did Virginia v. Black (2003) rule?
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cross burning is intentional racial intimidations
(you can burn a flag but not a cross) |
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What are fighting words?
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words whose expresses purpose is to create a disturbance and incite violence in a person
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Difference between
1) libel and 2) slander? (Also in terms of Public vs. private citizens) |
1) written
2) orally * you cannot make false statements in public that might damage a persons reputation |
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What is prior restraint?
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a govts actions that prevents materials from being published
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What did New York Times vs. US (1971) rule?
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est. prior restraint
* can only use it if harms nat'l security |
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What is the standard for obscenity (pornography)?
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-community standard
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What did Miller v. California, (1973) establish?
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if it shows potentially offensive sexual conduct
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What did Griswold v. Conn. (1965) deal with?
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states could not prohibit the sue of contraceptives by married couples
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What did Roe v. Wade deal with?
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est. the right to privacy means that women can choose what to do with their body
*to have abortions *been weakened but not overturned |
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What did Lawrence v. Texas (2003) establish?
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overturned a ban on homosexual behavior
*govt cannot regulate consensual personal relationships |
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What did Mapp v. Ohio (1961) establish?
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extended the exclusions rule that holds that any evidence obtained in violation of the 4th amendment.
*protection against unreasonable searches/seizures is not admissible in court. |
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What are exceptions to the exclusionary rule?
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1) inevitable discovery-illegally obtained evidence could be admitted at trial if it would have been obtained legally anyways.
2) good faith-officer thought the search warrant was accurate |
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What did Gideon v. Wainwright (1963) establish?
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poor defendants have the right to counsel
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What did Miranda v. Arizona establish (1966)?
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created miranda rights (inform criminal suspects of their constitutional rights -> rights to remain silent/counsel)
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What are exceptions to Miranda?
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-if there is a public safety risk
-if other evidence can be used to convict (throwing the statement out) |
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Why was Furman v. GA (1972) important?
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death penalty halted in US since minorities were disproportionately given the death penalty as opposed to whites convicted of the same crime
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Why was Gregg v. Georgia (1976) important?
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rule that death penalty could be used as long as there is separate hearings for the crime and the punishment (two trials)
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What are civil rights?
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rights of all americans to equal treatment under teh law as provided for by the 14th amendment
-ppl who live in america -illegal aliens |
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What is the difference between the
1) 13, 2) 14, 3) 15 amendments? |
1) freed slaves
2) due process clause (= protection clause/states cannot discriminated against individuals or groups) 3) voting rights for ALL adult men |
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After the civil war what was the party of the North and the party of the South?
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North
-Republicans (Lincolns party) South -Democrats (Confederate party) |
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What is the difference between the 1 and 2 civil rights acts?
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1st
- gave AA full equality before the law - gave nat'l govt enforcement power - anyone born in US is a citizen 2nd -everyone is entitled to full/=enjoyment of... (public accommidations, theaters, other places of public amusement) |
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What were the issues surrounding the compromise of 1877?
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-Samuel Jay tilden (S) vs Rutherford Hayes (N)
-tilden won pop. vote and had 184 electoral votes to Hayes 165 w/ 20 votes yet uncounted -S agreed to let hayes win the election if he would remove N troops from south |
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What did Plessy v. Ferguson (1896) do?
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-separate but equal doctrine
-legalized segregation in S -court argued that segregation alone did not violate the 14th amendment (as long as facilities are =) -allowed for Jim Crow Laws |
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What is the difference between
1) De jure and 2) De Facto segregation? |
1) segregation by law
2) segregation occurs because of past social/economic conditions & residential patterns |
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What is the difference between
1) Poll taxes, 2) Grandfather clause, 3) Literacy Test, and 4) White primaries? |
1) pay to vote
2) if your gradfather couldnt vote then neither could you 3) tested reading abilities 4) AA's not allowed to vote in D primaries but could vote in R |
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What did Guinn v. US (1915 ) rule?
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outlawed grandfather clasue
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What did Nixon v. Herdon (1927) rule?
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outlawed white primaries
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What did Missouri ex rel v. Canada (1938) rule?
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separate but = w/in state
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What the difference between
1)Brown v. Board of Education of 2)Topeka and Brown II? |
1) -overturned separate but equal doctrine
-oliver brown had an 8 yr old daughter and all white school was closer -went to supreme court and got overturned 2) desegregation of the public schools and begin with "all deliberate speed" |
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Why were the civil rights act of the 60s needed?
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to stop individuals or groups and stop discrimination
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What did the Civil Rights Act of 1964 do?
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forbade discrimination on basis of..
-race -color -religion -gender -natl origin |
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What is the difference between
1) Title 2, 2) Title 6, and 3 Title 7 of the 1964 civil rights act |
1) segregation in public accomidations
2) fed govt could with hold funds from states if it discriminated 3) banned discrimination in employment |
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What did the Voting Rights Act of 1965 do?
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-made it illegal to interfere with anyones right to vote in any election held in thsi country
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What did the 24 amendment do?
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banned poll tax
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What programs comprise affirmation action?
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-federally sponsored construction projects
-city jobs (police, firefighters) -trade unions (plumbers, electricians) -employment opps for federal institutions -admission to undergraduate programs (law schools, grad programs) |
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What did the Bakke v. UC Medical School establish?
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est. reverse discrimination
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What did Prop 209 in California do?
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banned AA programs
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What is the free rider problem?
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one who enjoys the benefit w/o paying any cost
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What are 3 ways in which the free rider problem is overcome?
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1) material benefits(benefits given to members that are not available to the general population
2) solidarity benefits (bonding with group members over a common cause 3) purposive benefits (participating in something you truly believe in) |
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What is a direct technique used by interest groups?
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lobbying (pressure politicians to introduce, pass, or alter legislation)
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What are 4 indirect techniques used by interest groups
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1) shaping public opinion
2) mobilizing constituents 3) going to court (groups can file amius buriae benefits in appellate court-large opinion 4) deomstration techniques |
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What is an amicus curiae brief?
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legal opinion
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What is the difference between 2 types of negative political ads:
1) attack ads and 2) issue ads |
1) attacks the character of an opposing candidate
2) focuses on flaws in a opposing candidates position on a paticular issue |
