29 terms

Unit 2: Civil Rights and Civil Liberties

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Civil Liberties
Constitutional freedoms guaranteed to all citizens
Clear-and-Present Danger Test
Law should not punish speech unless there was a clear and present danger of producing harmful actions
Due Process of Law
Principle in the 5th Amendment stating that the government must follow proper constitutional procedures in trials and in other actions it takes against individuals.
Equal Protection of the Law
Idea that all citizens should be treated equally under the law, and that no state has the right to grant privileges or discriminated against any individual or group. This idea is embodied in the Fourteenth Amendment to the US Constitution.
Establishment Clause
The First Amendment guarantee that the government will not create and support an official state church
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
Free-Exercise clause
First Amendment rquirement that law cannot prevent free exercise of religion.
Freedom of Expression
Right of people to speak, publish, and assemble
Freedom of Religion
People shall be free to exercise their religion, and government may not establish a religion
Good-Faith Exception
An error in gathering evidence sufficiently minor that it may be used in a trial
Libel
(n.) a written statement that unfairly or falsely harms the reputation of the person about whom it is made; (v.) to write or publish such a statement
Prior Restraint
Government censorship of information before it is published or broadcast
Probable Cause
Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
Search Warrant
A warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court
Selective Incorporation
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.
Symbolic Speech
Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Wall of Separation
Court ruling that government cannot be involved with religion
Affirmative Action
Programs intended to make up for past discrimination by helping minority groups and women gain access to jobs and opportunities
Civil Disobedience
A form of political participation that reflects a conscious decision to break a law believed to be immoral and to suffer the consequences.
Civil Rights
The rights of people to be treated without unreasonable or unconstitutional differences
De Facto Segregation
Segregation resulting from economic or social conditions or personal choice.
De Jure Segregation
Segregation that is imposed by law
Equality of Opportunity
Giving people an equal chance to succeed
Equality of Result
Making certain that people achieve the same result
Police Powers
State power to effect laws promoting health, safety, and morals
Reverse Discrimination
Using race or sex to give preferential treatment to some people.
Separate-But-Equal Doctrine
The doctrine established by Plessy v Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities
Strict Scrutiny
A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal
Suspect Classifications
Classifications of people on the basis of their race or ethnicity