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31 Cards in this Set

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  • Back
Exclusionary rule
A rule that prevents evidence obtained in violation of the fourth amendment from being used in court against the defendant.
Separation of church and state
Says that the State shall not get involved with any religion.
Freedom Of Speech
The first Amendment guarantee of a right of free expression.
Printed or broadcast statements that are false and tarnish someone's reputation.
Establishment Clause
The First Amendment clause that prohibits the establishment of a church officialy supported by government.
Speech Plus Conduct
Speech combined with conduct that is intended to convey ideas; EX, a sit-in where the protesters, chant slogans.
Prior Restraint
Censorship by restraining an action before it has actually occured Ex, forbidding publication rather than punishing the publisher after publication has occured.
Miranda Rights
A means of protecting a criminal suspects rights against self incrimination during police interrogation. Before interrogation, suspects must be told that they have a right to remain silent, that anything they say can be used against them. That they have a right to an attorney; one will be provided for them. The rights are named after the case Miranda v. Arizona
Equal Protection Clause
The 14th amendment clause that is the constitutions primary gurantee that government will treat everyone equally.
De Jure segregation
Segregation imposed by law, outlawed by Brown v. Board of education and subsequent court cases.
Unreasonable Searches and Seizures
Searches and arrests that are conducted without a warrant or that do not fall into one of the expectations to the warrant requirement; prohibited by the the Fourth Amendment.
de FActo Segregation
Segregation that is based on residential patterns and is not imposed by law; because it cannot be eliminated by striking down a law, it is more intractable than DE Jure segregation.
Cruel and Unusual Punishment
Torture or any punishment that is grossly disproportionate to the offense, prohibited by the Eigth Amendment
Plassy V. Ferguson
The 1986 Supreme court case in which the court upheld segregation by enunciating the Separate but equal doctrine.
Pure Speech
Speech without any conduct.
Brown v. Board Of education
The 1954 case in which the US supreme court overturned the Seperate But Equal doctrine and ruled unanimously that segregated schools violated the 14th amendment.
Public Forum
A public place such as a street, sidewalk or park where people have there first amendment rights to express their views on public issues.
Jim Crow Laws
Laws enacted in southern states that segregate schools, public accommodations, and almost all other aspects of life.
Affirmative action
A policy in job hiring or university admissions that gives special considerations to members of traditionally disadvantaged groups in an effort to compensate for the effects of past discrimination.
Methods of combating comunism characterized by irresponsible accusations made in the basis of little or no McCarthy of Wisconson who used such tactics in the 1950's.
Right to Privacy
A right to autonomy-to be left alone-that is not specifically mentioned in the US constitution, but has been founded by the US supreme court to be implied through several amendments.
Sperate but equal Doctrine.
The principle enunciated by the US supreme court in Plessy vs. Ferguson in the 1896 that allowed seperate facilities for blacks and whites as long as the facilities were equal.
Civil Rights act of 1964
Major civil rights legislation that prohibits discrimination in the sale or rental of housing on the basis of race, color, religion, or national origin; also prohibits BLocking, STEEring and Redlining.
Presumed innocence
Says that the state, or courts must prove guilt.
Symbolic Speech
the use of symbols rather than words to convey ideas: wearing black arm bands and burning flags to protest gov't policy.
Racial Profiling
The assumption that minorities, especially makes, are more likely to commit crimes, especially ones involving drugs, targets minorities for stops and searches.
Due process
The guarantee that the government will follow fair and just procedures when prosecuting a crimianl defendant.
Sexual material that is patently offensive to the average person in the community and that lacks any serious literary, artistic or scientific value.
NAACP (national association for the advancement of colored people)
An organization founded in 1909 to fight for black rights, its attorneys challenged segregation in the courts and won many important court cases, most notably, Brown Vs. Board of Education.
Free excercise clause
The first amendment clause that guarantees individuals the right to practive their religion without gov't intervention.
Equal rights Amendment (ERA)
A proposed amendment to the constitution that would prohibit government from denying equal rights on the basis of sex; passed by congress in 1972 byt failed to be ratified by a sufficient number of states.