14th Amendment and Civil Liberties

Flashcards covering key concepts related to the 14th Amendment and Civil Liberties, including important court cases and legal definitions.

14th Amendment

Expands rights by ensuring equal protection under the law, due process, and citizenship for all individuals born or naturalized in the U.S.

Selective Incorporation

A legal doctrine that applies Bill of Rights protections to state governments through the 14th Amendment’s Due Process Clause.

Due Process Clause

Prevents states from depriving individuals of life, liberty, or property without due process of law.

Establishment Clause

Prohibits the government from establishing an official religion or favoring one religion over another.

Wall of Separation

Thomas Jefferson’s concept that the government should not interfere with religious practices or endorse any religion.

State Funding for Religious Schools

Generally prohibited under the Establishment Clause except for funding of secular purposes.

Texas v. Johnson (1989)

A case that ruled that flag burning is protected symbolic speech under the First Amendment.

Unprotected Speech

Includes incitement to violence, obscenity, defamation, fighting words, and true threats.

Clear and Present Danger Test

Established in Schenck v. United States, it assesses when speech is not protected due to a direct threat to national security.

Prior Restraint

Government censorship that is unconstitutional except in extreme cases of national security.

Tinker v. Des Moines (1969)

Expanded student free speech rights in schools unless it disrupts the learning environment.

Engel v. Vitale (1962)

Ruled that school-sponsored prayer is unconstitutional even if voluntary, violating the Establishment Clause.

Limits on Free Speech in Schools

Schools can limit speech if it is disruptive, lewd, vulgar, or promotes illegal activity.

Wisconsin v. Yoder (1972)

Expanded religious freedom by allowing Amish families to remove children from school after 8th grade.

5th Amendment

Guarantees the right against self-incrimination, double jeopardy, and due process.

6th Amendment

Guarantees the right to a lawyer, fair trial, impartial jury, and the ability to confront witnesses.

Miranda Rights

Rights established in Miranda v. Arizona requiring police to inform suspects of their rights.

Gideon v. Wainwright (1963)

Expanded the right to a lawyer for all felony cases, regardless of the accused's ability to pay.

Exclusionary Rule

Prevents illegally obtained evidence from being used in court, established in Mapp v. Ohio.

Search Warrant Requirements

Police must have probable cause and a judge’s approval to issue a search warrant.