civil liberties

What are civil liberties?

Individual rights protected by the Constitution limiting government power to ensure personal freedoms.

What are civil rights?

Guarantees that government treats all people equally without discrimination.

Who does the Constitution protect with civil liberties?

All persons in the U.S., including citizens, children, visitors, legal or undocumented immigrants.

What protections against government abuse are in Article I, Section 9?

Prohibitions on bills of attainder, ex post facto laws, and suspending writ of habeas corpus.

Define bill of attainder.

A law punishing someone without a trial.

Define ex post facto law.

A law punishing an act retroactively.

What is the writ of habeas corpus?

A court order demanding lawful detention of a prisoner.

Why was the Bill of Rights added?

To limit government power and protect individual rights, satisfying Anti-Federalist concerns.

What freedoms does the First Amendment guarantee?

Religion, speech, press, assembly, and petition rights.

What are the establishment and free exercise clauses?

Establishment prohibits government religion; free exercise protects practicing religion freely.

What is selective incorporation?

Applying Bill of Rights protections to states through the Fourteenth Amendment.

What does the Fourteenth Amendment’s due process clause protect?

No person shall be deprived of life, liberty, or property without due process of law.

What did Ex parte Milligan establish?

Civilian courts must be used where they are functioning, not military tribunals.

What are key Fifth Amendment protections?

Protection against self-incrimination, double jeopardy, and guarantees due process and grand jury indictments for capital crimes.

What rights does the Sixth Amendment guarantee?

Speedy, public trial, impartial jury, right to counsel, and to confront witnesses.

What does the exclusionary rule do?

Excludes evidence obtained illegally from trials.

What are Miranda rights?

Right to remain silent and to an attorney during police questioning

Can free speech be limited?

Yes, certain types of speech such as incitement, defamation, obscenity, and true threats are not protected and can be restricted.

What is symbolic speech?

Nonverbal expression protected by the First Amendment.

What types of censorship exist?

Autonomous, social, legal, extra-legal, and voluntary censorship.

What is seditious speech?

Speech aimed at inciting rebellion against the government.

How have laws on seditious speech changed?

Courts now require imminent lawless action for punishment.

How do courts handle obscenity?

Often restrict it based on community standards; banning internet obscenity is unconstitutional.

What restrictions apply to pornography?

Child pornography is illegal; restrictions apply to broadcasts.

What is commercial speech?

Advertising subject to government regulation if it serves public interest.

What is prior restraint?

Government preventing speech or publication before it occurs.

What does the Second Amendment protect?

The right to keep and bear arms.

What is the Third Amendment about?

No quartering soldiers in private homes during peace without consent.

What does the Fourth Amendment protect?

Protection against unreasonable searches and seizures; requires probable cause.

What does the Seventh Amendment guarantee?

The right to a jury trial in federal civil cases where the value in controversy shall exceed 20

What protections does the Eighth Amendment provide?

No excessive bail, fines, or cruel and unusual punishment.

What is the “fruit of the poisonous tree” doctrine?

Evidence from illegal searches is inadmissible.

How did the Civil War influence civil liberties?

Led to the Fourteenth Amendment extending rights to limit state governments.

What is the right to privacy based on?

It is an implied right based on various amendments, including the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments, recognized through Supreme Court rulings like Griswold v. Connecticut.

What was the impact of the Alien and Sedition Acts?

Restricted speech critical of government; later largely repealed as unconstitutional.

What does the Ninth Amendment state?

Rights not listed in the Constitution are still retained by the people.

What does the Tenth Amendment say?

Powers not delegated to the federal government are reserved to the states or the people.