Civil Liberties, AP GOVERNMENT: Civil Liberties
Terms in this set (61)
Due process clause
Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law.
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.
Clause in the First Amendment that states that Congress shall make no law respecting an establishment of religion. The Supreme Court has interpreted this to forbid governmental support to any or all religions.
Free exercise clause
Clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion.
Clear and present danger test
Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.
Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional.
Libel, obscenity, and fighting words which are not entitled to constitutional protection in all circumstances.
Written defamation of another person. For public officials and public figures, the constitutional tests designed to restrict libel actions are especially rigid.
Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.
Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence.
The power of a government to take private property for public use; the U.S. Constitution gives national and states governments this power and requires them to provide just compensation for property so taken.
Established rules and regulations that restrain government officials.
Procedural due process
Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.
Substantive due process
Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what the government may do.
A writ issued by a magistrate that authorizes the police to search a particular place or person, specifying the place to be searched and the objects to be seized.
Requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial.
A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.
A jury of 6 to 12 persons that determines guilt or innocence in a civil or criminal action.
A formal written statement from a grand jury charging an individual with an offense; also called a true bill.
Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for more serious offense.
Trial or punishment for the same crime by the same government; forbidden by the Constitution.
Protect individuals from government actions; these liberties are either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers.
USA PATRIOT Act
Law created after 9/11 that was intended to help government agencies detect and prevent possible acts of terrorism, or sponsorship of terrorist groups.
USA FREEDOM Act
Law created in 2015 that restored in modified form several provisions of the PATRIOT Act; the act imposes new limits on the bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies, including the National Security Agency (NSA).
Bill of Rights
The first ten amendments to the Constitution
The guarantees of the safety of persons, opinions, and property from the arbitrary acts of government, including freedom of speech and freedom of religion
A term used for those positive acts of government that seek to make constitutional guarantees a reality for all people (prohibitions of discrimination)
Due Process Clause
The government must act fairly and in accord with established rules in all that it does; included in 5th and 14th Amendments.
Separates church and state; 1st Amendment
Free Exercise Clause
The second part of the constitutional guarantee of religious freedom, which guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion; 1st Amendment
The government cannot curb ideas before they are expressed; addressed in Schenck case; a form of censorship ; SCOTUS usually decides against it
Process of Incorporation
The process of incorporating, or including, most of the guarantees in the Bill of Rights into the 14th Amendment's Due Process Clause
Right of Association
The right to associate with others to promote political, economic, and other social causes; implied by assembly clause of 1st Amendment
The crime of attempting to overthrow the government by force, or to disrupt its lawful activities by violent acts
The advocating, or urging, of an attempt to overthrow the government by force, or to disrupt its lawful activities with violence
False and malicious use of SPOKEN words; not protected speech
Expression by conduct; communicating ideas through facial expressions, body language, or by carrying a sign or wearing an arm band
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws."
Gitlow v. New York
SCOTUS decision began selective incorporation by applying 1st Amendment protections through the 14th Amendment. Selective Incorporation- Process where the supreme court would look at a case and says that a certain amendment/case applies to the states. Went against the Sedition law
selective incorporation doctrine
legal concept under which SCOTUS has nationalized the BofR by making most of its provisions applicable to the states through the 14th Amendment, one case at a time
Lemon v. Kurtzman
established a test determine if state aid to parochial schools is legal ; 1: law must serve a secular purpose; 2: neither advances nor inhibits religion; 3: no excessive entanglement with religion
Engel v. Vitale
state-sponsored prayer in NY public schools violated the Establishment Clause of the 1st Amendment
Schenck v. US
govt may limit speech if it poses a "clear and present danger" to national security
Miller v. California
established a 3 part test to determine if materials are obscene; usually applied by local governments
expression by conduct
advertising; regulated by the FTC (acceptable limitation of free speech)
a good reason to conduct a search
evidence taken in an illegal search may not be used in court
Miranda v. Arizona
police must inform suspects of their constitutional rights to keep silent and have an legal counsel prior to questioning
Gideon v. Wainwright
SCOTUS decision that gave defendants the right to an attorney in state courts
freedom of speech, press, religion, petition, and assembly
no unreasonable search and seizure
no self-incrimination, right to due process
right to a speedy and public trial by jury; right to an attorney
no cruel and unusual punishment; no excessive bail or fines
Texas v. Johnson
a TX law that banned flag-burning was ruled an unconstitutional violation of 1st Amendment free speech protection
Mapp v. Ohio (1961)
Established exclusionary rule; illegally obtained evidence cannot be used in court; use of 4th Amendment & search/seizure.
Tinker v. Des Moines
public school students used black armbands to protest the Vietnam War and were punished by the school; SCOTUS ruled that the armbands were protected symbolic speech
right to privacy
implied by 1st, 3rd, 4th, 5th, and 9th Amendments
right to a jury trial in civil cases
Three Clauses of the 14th amendment
Due Process Clause, equal protections clause, privileges and immunities.
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