| Term | Definition |
|---|
| Bill of Rights | The first 10 amendments to the U.S. Constitution |
| civil liberties | areas of personal freedom with which gvmts are constrained from interfering |
| civil rights | legal or moral claims that citizens are entitled to make upon the gvmt to protect them from the illegal actions of other citizens or gvmtal agencies |
| due process | to proceed according to law and with adequate protection for individual rights |
| strict scrutiny | higher standard of judicial protection for speech cases and other civil liberties and civil rights cases, in which the burden of proof shifts from the complainant to the gvmt |
| exclusionary rule | the ability of the court to exclude evidence obtained in violation of the fourth amendment |
| Miranda rule | Principles developed by the Supreme Court in Miranda v. Arizona (1966) requiring those under arrest be informed of their legal rights, including the right to counsel, prior to police interrogation |
| establishment clause | the first amendment clause that says |
| Lemon test | Rule articulated in Lemon v. Kurtzman according to which gvmtal action in respect to religion is permissible if it is secular in purpose, does not lead to |
| speech plus | speech accompanied by activities such as sit-ins, picketing, and demonstrations. Protection of this form of speech under the first amendment is conditional, and restrictions imposed by state or local authorities are acceptable if porperly balanced by considerations of public order |
| prior restraint | an effort by a gvmtal agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States, the courts forbid prior restraint except under the most extraordinary circumstances |
| libel | a written statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory" |
| slander | an oral statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory" |
| fighting words | speech that directly incites damaging conduct |
| grand jury | a jury that determines whether sufficient evidence is available to justify a trial; do not rule on the accused's guilt or innocence |
| eminent domain | the right of the gvmt to take private property for public use, with reasonable compensation awarded for the property |
| right to privacy | the right to be let alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions |
| equal protection clause | a clause in the fourteenth amendment that requires that states provide citizens "equal protection of the laws" |
| "separate but equal rule" | doctrine that public accomodations could be segregated by race but still be equal |
| de facto segregation | racial segregation that is not a direct result of law or gvmt policy but is, instead, a reflection of residential patterns, income distributions, or other social factors |
| de jure segregation | racial segregation that is a direct result of law or official policy |
| intermediate scrutiny | the test used by the Supreme Court in gender discrimination cases; places the burden of proof partially on the gvmt and partially on the challengers to show that the law in question is constitutional |
| affirmative action | a policy or program design to redress historic injustices against specified groups by actively promoting equal access to educational and employment opportunites |
Combine with other sets
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