individual rights

Definition

The Supreme Court case that reaffirmed the aspect of Roe v. Wade (1973) that prohibited states from disallowing abortion prior to viability.

Definition

The Supreme Court case that held that the Constitution protected a woman’s right to an abortion prior to the viability of the fetus; thus, government regulation of abortions must meet strict scrutiny in judicial review.

Overview

The case involved a Texas statute that categorically prohibited abortion except where to save the life of the pregnant woman. The Supreme Court, in a decision written by Justice Blackmun, recognized a privacy interest in abortions.

Definition:

The Supreme Court case, since overturned by Brown v. Board of Education (1954), which upheld the constitutionality of “separate, but equal facilities” based on race.

Overview:

Louisiana had adopted a law in 1890 that required railroad companies to provide racially segregated accommodations.

Definition

The level of judicial review for determining the constitutionality of a federal or state statute that does not implicate either a fundamental right or a suspect classification under the Due Process Clause and the Equal Protection Clause of the Constitution. When a court concludes that there is no fundamental liberty interest or suspect classification at stake, the law is presumed to be Constitutional unless it fails the rational basis test.

Covert propaganda refers to media materials prepared by a government agency and then disseminated by a non-government outlet with the source undisclosed.[1] What defines covert propaganda materials is that they are “misleading as to their origin.”[2] The source must be intentionally misleading, however, and not just due to administrative carelessness. The agency in question must desire that its authorship be obscured, and it must take steps to ensure that obscurity.

Abortion: an overview

In 1973, Roe v. Wade, 410 U.S. 113, changed the legal status of abortion by striking down a Texas law that criminalized abortion except as a means of saving the mother’s life. The case pitted individual privacy rights against States’ interest in regulating the life of the fetus.

Courts use mixed-motive jury instructions in many discrimination and improper retaliation cases. These instructions usually take the following form: "If the plaintiff shows that the defendant did something that hurt her, and the action was motivated by an impermissible reason, there is a presumption that the defendant's conduct was wrong. The defendant may rebut this presumption by showing that it would have taken the action regardless of its impermissible motive."

fifth amendment: an overview

The Fifth Amendment of the U.S.

right of privacy: personal autonomy

The right of privacy has evolved to protect the freedom of individuals to choose whether or not to perform certain acts or subject themselves to certain experiences. This personal autonomy has grown into a 'liberty' protected by the Due Process Clause of the 14th Amendment. However, this liberty is narrowly defined and generally only protects privacy of family, marriage, motherhood, procreation, and child rearing.  There have been attempts to further extend the right of privacy under the 1st, 4th, and 5th Amendments to the U.S. Constitution; however, a general right to personal autonomy has yet to take hold beyond limited circumstances.