STUDY GUIDE Partial UNIT 2 POLS 206 Fall 11 Chapter 5 Accommodationists supporters of gov nonperferential accommodation of religion Bad tendency test rule used by the courts that allows speech to be punished if it leads to punishable actions Bills of attainder laws under which specific persons groups are detained and sentenced w o trial Civil liberties individual freedoms that place limitations on the power of gov Civil rights extension of gov action to secure citizenship rights to all of society Bill of Rights a summary of citizens rights guaranteed and protected by a gov added to the Constitution as its 1st 10 Amend in order to achieve ratification Freedom of expressionClear and present danger test rule used by the courts that allows language to be regulated only if it presents an immediate and urgent danger Compelling state interest a fundamental state purpose which must be shown before the law can limit some freedoms or treat some groups of people differently Due process of law guarantee that laws will be fair and reasonable and that citizens suspected of breaking the law will be treated fairly Establishment clause the 1st Amend guarantees that the gov won t create and support an official state church Ex post facto laws laws that criminalize an action after it occurs Exclusionary rule rule created by the Supreme Court that evidence illegally seized may not be used to obtain a conviction Fighting words speech intended to incite violence Free exercise clause the 1st Amend guarantee that citizens may freely engage in the religious activities of their choice Freedom of assembly the right of the people to gather peacefully and petition gov Habeas corpus the right of an accused person to be brought before a judge and informed of the charges and evidence against them Imminent lawless action test rule used by the courts that restricts speech only if it is aimed at producing or is likely to produce imminent lawless action Incorporation Supreme Court action making the protections of the Bill of Rights applicable to the states Lemon test 3 pronged rule used by the courts to determine whether the est clause is violated Libel written defamation of character Miller test rule used by the courts in which the definition of obscenity must be based on local standards Police power the ability of the gov to protect its citizens and maintain social order Political correctness the idea that language shapes behavior and therefor should be regulated to control its social effects Prior restraint censorship of or punishment for the expression of ideas before the ideas are printed or spoken Sedition speech that criticizes the gov to promote rebellion Selective incorporation incorporation of rights on a case case basis Separationists supporters of a wall of separation between church and state Symbolic speechCapital punishmentDue process clause of the 14th Amend Hugo BlackRight to PrivacyIncarceration rateMapp v Ohio exclusionary rule incorporated into the states as well as Federal Miranda v Arizona rights to remain silent and to have a lawyer present Gitlow v New YorkGideon v Wainwright 6th Amend right to counsel Griswold v Connecticutt privacy law planned parenthood contraception Roe v Wade right to privacy abortion Chapter 6 Affirmative action a policy of creating opportunities for members of certain groups as a substantive remedy for past discrimination Black codes a series of laws in the post Civil War South designed to restrict the rights of former slaves before the passage of the 14th and 15th Amend Boycott refusal to buy certain goods or services as a way to protest policy or force political reform Brown v Board of Education overturned separate but equal Busing achieving racial balance by transporting students to schools across neighborhood boundaries Civil rights the extension of gov action to secure citizenship rights to all of society De facto discrimination discrimination based on tradition an habit De jure discrimination discrimination supported by law English only movements efforts to make English the official language of the US Equal Rights Amendment constitutional amend passes by Congress but never ratified that would have banned discrimination on the basis of gender Grandfather clauses provisions exempting from voting restrictions the descendants of those able to vote in 1867 Intermediate standard of review standard of review used by the Court to evaluate law that make a quasisuspect classification Jim Crow laws southern designed to circumvent the 13th 14th and 15th Amend and to deny blacks rights on basis other than race Literacy tests tests requiring reading or comprehension skills as a qualification for voting Minimum rationality test standard of review used by the Court to evaluate laws that make a nonsuspect classification NAACP Legal Defense Fund an interest group founded in 1910 to promote civil rights for African Americans Plessy v Ferguson Supreme Court case that est the constitutionality of the principle separate but equal Poll taxes taxes levied as a qualification for voting Racism institutionalized power inequalities in society based on the perception of racial differences Reconstruction the period following the Civil War during which the Federal gov took action to rebuild the south Segregation the practice and policy of separating races Sexual harassment unwelcome sexual speech or behavior that creates a hostile work environment Strict scrutiny test a heightened standard of review used by Supreme Court to assess the constitutionality of laws that limit some freedoms or that make a suspect classification Suspect classifications classification such as race for which any discriminatory law must be justified by a compelling state interest Equal protection clause of the 14th Amend Thurgood Marshall lawyer for the NAACP Doctrine of separate but equal est by plessy v ferguson legalized segregation Civil Rights Act of 1964Poll tax 24th Amend Smith v AllwrightVoting Rights Act of 1965White Primary