Civil Rights Overview

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Questions and Answers

What was struck down by the Supreme Court in 2013 related to the Voting Rights Act of 1965?

Voter ID laws

Gerrymandering restrictions

The preclearance requirement (correct)

Felon voting rights

Which of the following best describes de facto segregation?

Legally enforced segregation

Segregation that occurs without legal enforcement (correct)

Forced integration in schools

Segregation by community standard

Which level of scrutiny is applied when considering laws that affect race or national origin?

Rational basis test

Economic interest test

Strict scrutiny test (correct)

Intermediate scrutiny test

What is the primary purpose of the strict scrutiny test?

To validate laws affecting fundamental rights Signup and view all the answers

What practice does gerrymandering primarily affect?

Representation in political districts Signup and view all the answers

Which type of segregation was enforced by law in the United States before the 1960s?

De jure segregation Signup and view all the answers

What is a key characteristic of the intermediate scrutiny test?

It applies to laws based on sex-based classifications Signup and view all the answers

What does the rational basis test require for a challenged law?

It must have a legitimate state interest Signup and view all the answers

What was upheld in the Supreme Court case Maryland v. King?

Police could perform DNA testing of arrestees without individualized suspicion. Signup and view all the answers

Which Supreme Court case upheld the rights of children from Jehovah’s Witness families regarding the Pledge of Allegiance?

West Virginia State Board of Education v. Barnette Signup and view all the answers

What rule did the Supreme Court case Brandenburg v. Ohio (1969) establish?

Imminent lawless action test Signup and view all the answers

What was decided in the Supreme Court case Citizens United v. Federal Election Commission?

Corporate funding of independent electioneering broadcasts is unconstitutional. Signup and view all the answers

What does the case McDonald v. Chicago (2010) signify regarding the 2nd Amendment?

States cannot limit the right to keep and bear arms. Signup and view all the answers

For a public official’s story to be libelous, what standard must be met according to New York Times Co. v. Sullivan?

Actual malice or reckless disregard for the truth must be proven. Signup and view all the answers

Which Supreme Court case concluded that the government must have a compelling interest to restrict religious practices?

Burwell v. Hobby Lobby Stores Signup and view all the answers

In Schenck v. United States (1919), what concept was identified related to free speech?

Clear and present danger Signup and view all the answers

What is the main purpose of the exclusionary rule?

To exclude evidence that was illegally obtained from being used in court Signup and view all the answers

Which of the following statements best describes the 'clear and present danger' test?

Speech is evaluated based on its potential to present a danger to society Signup and view all the answers

Which of the following amendments does NOT specifically address due process of law?

Second Amendment Signup and view all the answers

How do 'fighting words' differ from other forms of speech in terms of constitutional protection?

They are not protected because they directly incite violence Signup and view all the answers

What are the three requirements of the Lemon Test used in Supreme Court cases?

Non-advancement of religion, government entanglement, non-preference for one religion Signup and view all the answers

What is the primary distinction between de jure segregation and de facto segregation?

De jure segregation is established by law, while de facto segregation occurs in practice Signup and view all the answers

In the context of civil liberties, what does due process of law primarily ensure?

That individuals have protections against arbitrary governmental actions Signup and view all the answers

The 'imminent lawless action' test primarily determines the legality of which type of speech?

Subversive speech Signup and view all the answers

Study Notes

Civil Rights

Civil rights guarantee equal citizenship and protection from discrimination
De jure segregation: legally enforced practices, like school segregation in the South before the 1960s
De facto segregation: practices that occur without legal enforcement, like school segregation in many parts of the US today
Strict Scrutiny Test: places the burden of proof on the government to demonstrate a law related to racial discrimination is constitutional.
Gerrymandering: apportionment of voters in districts to give unfair advantage to a specific racial/ethnic group or political party.
Rational Basis Test: the lowest level of scrutiny, used to assess laws related to due process or equal protection questions
Intermediate Scrutiny Test: the second level of scrutiny, used to assess laws that are based on sex, illegitimacy, or sexual orientation
Strict Scrutiny Test: the highest level of scrutiny, used to assess laws that apply to race or national origin

Voting Rights Act

The Supreme Court struck down the preclearance provision of the 1965 Voting Rights Act in 2013
Gerrymandering can dilute the power of minority voting groups, particularly Latinos

Separate but Equal

The "separate but equal" doctrine allowed for segregation of social facilities

Civil Liberties

Civil liberties: protections from government power, distinct from civil rights.
Habeas corpus: the right of an individual in custody to be brought before a judge for a fair trial
Selective incorporation: incorporating the Bill of Rights as limits on states through the 14th Amendment
Establishment Clause: Freedom from the government imposing a specific religion
Free Exercise Clause: Freedom to practice one's religion of choice without government interference, including the right to be a non-believer
Clear and Present Danger Test: determined whether speech was protected or unprotected based on its potential to harm society
Imminent Lawless Action Test: speech is protected unless it actively incites a specific illegal action
Libel: false and damaging information published in writing
Slander: false and damaging information spoken
Due process of law: the right of citizens to be free from arbitrary actions by the national or state governments
Exclusionary Rule: the Court can exclude evidence obtained illegally
Double jeopardy: a person cannot be tried twice for the same crime

Tech Companies and Liberty vs Security

The disagreement between tech companies and the government regarding accessing private citizen data reflects a long-standing tension between liberty and security

Exclusionary Rule

The exclusionary rule is the most significant restraint on police behavior, preventing the use of illegal evidence that could lead to a conviction

Speech Plus

Public events with speakers, protests, and leaflets are examples of "speech plus" free speech

1st Amendment and Education

The First Amendment, specifically free speech, is likely to have a daily impact on education experiences

Due Process

The 4th, 5th, 6th, and 8th Amendments define due process of law.

Fighting Words:

"Fighting words" are outside constitutional protection because they directly incite violence.

The Lemon Test

To be considered constitutional, government action toward religion must be secular in purpose, not promote or inhibit religious practice, and avoid excessive entanglement with religion.

DNA Testing

In Maryland v. King (2013), the Supreme Court upheld the police's ability to conduct DNA testing on arrestees without individualized suspicion

Flag Saluting

West Virginia State Board of Education v. Barnette (1943) upheld the rights of children of Jehovah’s Witness families to refuse to salute and pledge allegiance to the flag due to their religious beliefs

Contraceptive Coverage

Burwell v. Hobby Lobby Stores (2014) ruled that owners did not have to provide female contraceptive coverage based on religious beliefs.

Prisoner Beards

Holt v. Hobbs (2015) ruled that a prison policy prohibiting beards violated prisoners' religious freedom

Clear and Present Danger

Schenck v. United States (1919) established the "clear and present danger" test.

Imminent Lawless Action

Brandenburg v. Ohio (1969) replaced the "clear and present danger" test with the "imminent lawless action" test.

Campaign Spending

Buckley v. Valeo (1976) declared that restrictions on campaign spending by or on behalf of candidates were unconstitutional.

Issue Ads

Federal Election Commission v. Wisconsin Right to Life (2003) ruled that issue ads by political advocacy groups were protected speech as long as they focus on issues and not calls to vote for or against a candidate.

Corporate Funding of Elections

Citizens United v. Federal Election Commission (2010) ruled that a law banning corporate funding of independent electioneering broadcasts was unconstitutional.

Defamation

New York Times Co. v. Sullivan (1964) established that for a story about a public official to be libelous, it must be untrue and result from “actual malice” or “reckless disregard” for the truth.

Gun Ownership

McDonald v. Chicago (2010) applied the 2nd Amendment to states and localities, meaning these entities cannot ban the ownership of firearms kept in a person's home.
District of Columbia v. Heller (2008) focused on whether the 2nd Amendment protected the right to keep and bear arms for self-defense or only for state militias.

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Description

This quiz covers key concepts of civil rights, including the definitions and implications of de jure and de facto segregation. It also explores various scrutiny tests used in evaluating laws related to discrimination. Test your knowledge on gerrymandering and how these elements impact equal citizenship.