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Civil Liberties
Fundamental rights and freedoms protected
from infringement by the government
Civil Rights
Protections from discrimination as a member
of a particular group
Due process clause
no STATE can deny a person "life, liberty, or property
without due process of law"
Selective Incorporation
The Bill of Rights has been applied (incorporation) to the states
over time on a case-by-case basis (selective).
Establishment Clause
protection against the government
requiring citizens to join or support a religion
Free exercise clause
protection of the rights of individuals
to exercise and express their religious beliefs
Freedom of expression
a fundamental right affirmed in
the First Amendment to speak, publish, and protest
Clear & present danger
legal standard that speech posing an immediate and
serious threat to national security is not protected by the First Amendment
Prior restraint
the suppression of material prior to publication on
the grounds that it might endanger national security
Symbolic speech
Protected expression in the form of images, signs, and other
symbols
Libel
an untrue written statement that injures a person's
reputation
Slander
an untrue spoken expression that injures a person's
reputation
Ex post facto laws
laws criminalizing conduct that was legal at the time it
occurred
Bills of attainder
a law passed by Congress punishing an individual
without a trial
Writ of habeas corpus
a document setting out reasons for an arrest
or detention
Double jeopardy
protects an individual acquitted of a crime from
being charged with the same crime again in the same jurisdiction
Miranda Rights
The right to remain silent and to have an attorney present during
questioning.
13th amendment
prohibited slavery
14th amendment
Granted citizenship to those born in the U.S, due process clause, equal protection clause
Equal protection clause
has been used to protect civil rights of Americans from
discrimination based on race, national origin, religion, gender, and other characteristics
Separate but equal
Facilities could be separate as long as they were equal.
Legal segregation
separation by law of individuals based on race
De jure segregation
the potentially discriminatory separation of groups of people according to government-enacted laws
De facto segregation
separation of individuals based on characteristics
that arise not by law but because of other factors, such as residential
housing patterns
Civil Rights act of 1964
legislation outlawing racial segregation in public places and
authorized the attorney general to sue individual school districts that failed to desegregate
Voting rights act of 1965
legislation outlawing literacy tests and authorizing the Justice
Department to send federal officers to register voters in areas with a history of voter
discrimination
19th amendment
Gave women the right to vote
Title IX of the Educational Amendments of 1972
legislation prohibiting sex discrimination in schools receiving
federal aid
Civil Disobedience
the intentional refusal to obey a law to call
attention to its injustice
Letter from a Birmingham Jail
Defends the movement on the basis of natural rights, Individuals have a right to challenge and even break unjust laws, justifies
actions of the movement, This crisis and confrontation would force white moderates to decide if
racial segregation was consistent with American values
Writ of Certiorari
a request that the Supreme Court order a lower court to send up the record of the case for review
Amicus Brief
legal documents filed in appellate court cases by non-litigants with a strong interest in the subject matter