UNIT 3 CHAPTER 5 BABY

Bill of Rights

The first ten Amendments to the Constitution that protect individual liberties and rights.

Civil liberties

Constitutionally established guarantees and freedoms that protect citizens from arbitrary government interference.

First Amendment

Protects religious freedom, freedom of speech, and freedom of the press.

Prior restraint

Legal principle that supports a heavy presumption against government censorship before publication.

Clear-and-present-danger test

Allows speech limitations when it poses a danger to public safety.

Libel

Written communication that defames an individual.

Symbolic speech

Nonverbal actions that convey an idea or belief.

Time, place, manner

Regulations that restrict the timing, location, and noise levels of events.

Obscenity

Speech that offends the prevailing morality of society.

Defamation

Language that damages another's reputation.

Slander

Oral communication that defames an individual.

Free-exercise clause

Guarantees freedom of conscience and prohibits government interference in religious beliefs.

Establishment clause

Prohibits the government from establishing an official religion.

Wall of separation

Court ruling that mandates government non-involvement with religion.

Second Amendment

Protects the right to bear arms.

Fourth Amendment

Protects against unreasonable searches and seizures.

Exclusionary rule

Prohibits illegally seized evidence from being used in court.

Probable cause

Reasonable grounds for issuing a search warrant or making an arrest.

Good-faith exception

Allows minor errors in evidence gathering to be admissible in court.

Public safety exception

Permits unwarned interrogation to be used as evidence in court.

Fifth Amendment

Establishes due process protections for individuals against the national government.

Sixth Amendment

Guarantees the right to legal counsel, a speedy trial, and an impartial jury.

Miranda rule

Requires informing accused persons of their rights before interrogation.

Eighth Amendment

Prohibits cruel and unusual punishment.

Ninth Amendment

States that individuals have rights beyond those listed in the first eight amendments.

Fourteenth Amendment

Applies Due Process and Equal Protection Clauses to the states and grants citizenship.

Due process of law

Ensures government cannot infringe on rights without legal procedures.

Procedural due process

Requires non-arbitrary methods in government decision-making affecting rights.

Substantive due process

Examines whether laws infringe on individual rights.

Equal protection of the law

Mandates equal treatment by the government.

Selective incorporation

Extends certain Bill of Rights protections to the states via the Fourteenth Amendment.

Unenumerated rights

Constitutionally protected rights not explicitly listed in the Bill of Rights.

Right to privacy

A recognized right not explicitly named in the Constitution, derived from the Due Process clause.

Griswold v

Supreme Court case that protected the right to privacy from government infringement.

Roe v

Supreme Court case that extended the right to privacy to include abortion.

Dobbs v

Overturned Roe v. Wade, stating no constitutional right to abortion.

Patriot Act

Legislation enacted post-9/11 to expand law enforcement surveillance and communication.

USA Freedom Act

Legislation aimed at limiting bulk collection of telecommunications metadata by intelligence agencies.