24 terms

SCOTUS Vocabulary: Civil Liberties

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Civil liberties
Constitutional freedoms guaranteed to all citizens
1st Amendment
Freedom of religion (establishment & free exercise clauses), speech, press, assembly, and petition.
Establishment Clause
Clause in the First Amendment that says the government may not establish an official religion.
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Barron v. Baltimore
5th Amendment is not applicable to the states; states may take private property for public use w/out compensating the property owner
Gitlow v. New York
established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment
14 Amendment
all people are citizens and no state has the right to deprive any citizen of life, liberty, or property
Due Process Clause
14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
Prior restraint
Government censorship of written material (preventing publication). Almost impossible due to 1st Amendment (only when major threat to national security). See Pentagon Papers Case (NY Times v. US)
Obscenity
an offensive or indecent word or phrase
Libel
A written defamation of a person's character, reputation, business, or property rights.
Slander
Spoken defamation
Symbolic speech
an act that conveys a political message
Commercial speech
Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads.
Due process amendments
5th and 14th Amendments
probable clause
reasonable grounds, a reasonable suspicion of crime
unreasonable search and seizure
Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th amendment; probable cause and a search warrant are required for this to be legal
exclusionary rule
A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
self-incrimination
The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.
plea bargaining
A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.
8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Cruel and unusual punishment
8th Amendment
right to privacy
The right to a private personal life free from the intrusion of government.
Selective Incorporation Doctrine
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.