civil liberties
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27 terms
Terms | Definitions |
|---|---|
 civil liberites | constitutionally established guarantees that protect citizens opinions and property against arbitrary government interference |
| due process | legal safeguards that prevent the governement from arbitrarily depriving citizens of life; or property; guaranteed by the fifth and fourteenth amendments |
| total incorporation | the theory that the fourteenth amendment's due process clause requires the states to uphold all freedoms in the bill of rights; rejected by the supremem cour in favor of selective incoporation |
| selective incoporation | the process by which, overtime the supremem court applied those freedoms that served some fundamental principle of liberty or justice to the states thus rejecting total incorporation |
| marketplace of idea | a concept at the core of the freedoms of expressions and press, based on the belief that true and free political discourse depends on a free and unrestrained discussion of ideas |
| habeas corpus | an ancent right that protects an individual in custody from bein held without the right to be heard in a court of law |
| clear and present danger test | a standard established in the 1919 supreme court case SCHENCK V. U.S whereby the government may silence speech or expressions when there is a clear and present danger that this speech will brng about some harm that the governemnt has the power to present |
| bad tendency test | a standard established in the 1925 case GITLOW V. NEW YORK whereby any speech that has the tendency to incite crime or distrub the public peace can be silenced |
| clear and probably danger test | a standard in the 1951 case DENNISE V. U.S whereby the government could suppress speech to avoid grave danger, even if the probabliltiy of the dangerous result was relatively remote; replaced by the imminent lawless action (incitement) test in 1969 |
| imminent lawless action test(incitement test) | a standard establishment in the 1969 BRANDENBURG V. OHIO case whereby speech is restricted only if it goes beyond mere advocacy or words to create a high likelihood of imminet disorder or lawlessness |
| symbolic speech | nonverbal "speech" in the form of an action such as picketing, flag burning or wearning and armband to signify a protest |
| commerical speech | advertising statements that describe products |
| libel | false written statements about others than harm their reputation |
| slander | false veral statements about others that harm their reputation |
| obscenity | indecent or offensive speech or expression |
| time place and manner restrictions | regulations regarding when where and or how expression may occur must be content neutral |
| prior restraint | a form of censorship by the government whereby it blocks the publication of news stories viewed as libelous or harmful |
| establishment clause | first amendment clause that bars the government from passing any law "respecting an establishment of religion" often interpreted as a seperation of church and state but increasingly questioned |
| lemon test | a three part test established by the supreme court in the1971 case LEMON V. KURTZMAN to determine whether government aid to parochial schools is constituional; the test is also applied to other cases involving the establishment clause |
| intelligent design | theory that the apparent design in the universe and in living things is the product of an intelligent causerather than of an undirected process such as natural selection; its primary proponent believe that the designer is god and seek to redefined science to accpet the supernatural explanations |
| creationism | theory of the creation of the earth and humankind based on the literal interpretation of the biblical story of genesis |
| free exercise clause | first amendment clause prhibiting the government from enacting laws prohibiting an individual practice of his or her religion often in contention with the establishment clause |
| right to privacy | the right of an individual to be left alone and to make decisions freely. without the interference of others. |
| criminal due process rights | safeguards for those accused of crime, these rights constrain government conduct in investigating crimes, trying cases and punishing offenders |
| exclusionary rule | criminal procedural rule stating that evidence obtained illegally cannot be used in a trial |
| double jeopardy | to be tried again for the same crimethat one has been cleared of in court, barred by the fifth amendment |
| miranda rights | criminal procedural rule established in the 1966 case MIRANDA V. ARIZONA requiring police to inform ciriminal suspects on their arrest of their legal rights such as the right to remain silent, and the right to counsel .. these warnings must be read to suspect before interrogation |
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