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28 Cards in this Set
- Front
- Back
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civil liberties
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individual legal and constitutional protections against the government
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importance of 14th amendment
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due process clause began development of incorporation doctrine
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incorporation doctrine
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legal concept under which SC has nationalized Bill of Rights by making most provisions applicable to states under 14th amendment
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Employment Division v. Smith
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state laws interfering with religious practices but not specifically aimed at religoin are constitutional
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Religious Freedom Restoration Act of 1993
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overturned Employment Division v. Smith decision; all people have right to perform religious rituals
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prior restraint
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censorship- govt. preventing material from being published
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shield law
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passed to protect reporters when attorneys want their info for criminal trial
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how are standards of winning libel lawsuits different for public figures and private individuals?
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-harder for public figures to win because it's difficult to show that the person had malicious intent
-lower standards for private, only need to show that statements were negliegent and defamatory |
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symbolic speech
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nonverbal communication
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who regulates commercial speech?
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Federal Trade Commission (FTC)
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what is the function of the Federal Communcations Commission (FCC)?
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to regulate content, nature, and very existence of radio and TV broadcasting
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2 facets of freedom of assembly
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right to assemble, right to associate
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criminal justice system process
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crime, prosecution, trial, verdict
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pros/cons of plea bargaining
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PRO- save time and money, allows defendant to plead guilty to a lesser crime
CON- allows criminals to aviod full punishment they deserve |
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3 types of inequality
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racial, gender, age/disability/sexual orientation
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2 conceptions of equality
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equal opportunity, equal results
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only mention of equality in Constitution
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14th amendment
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reasonable classification
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most classifications, that bear a rational relationship to some legitimate govt. purpose, are constitutional
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arbitrary classification
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person who challenges these classifications has burden of proving they are arbitrary
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de jure v. de facto segregation
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de jure- by law
de facto- in reality, by fact |
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Civil Rights Act of 1964
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made discrimination in public places and employment illegal, created EEOC
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ways in which southern states denied African Americans right to vote
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poll taxes, literacy tests, grandfather clause, White primaries
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Voting Rights Act of 1965
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helped end barriers to African American suffrage: no voting procedures that claimed right to vote on basis of color, no literacy test if finished 6th grade
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protectionism
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public policy that was designed to preserve traditional motherhood
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Equal Right Amendment
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equality of right under law shall not be denied or abridged on account of sex
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comparable worth
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issue raised when women are paid less than men working at a job with comparable skill
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Americans with Disabilities Act of 1990
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requires employers and public facilities to make "reasonable accommodations" for people with disablilties, prohibits discrimination
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affirmative action
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policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group
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