Unit 5

Civil Liberties

“The government must leave you alone”  Fundamental individual freedoms guaranteed by law that limit government actions…what is the government not allowed to do to you?

Civil Rights

“The government must help protect you” Guarantees of equal protection and equal treatment under the law, supported by government action…What must the government do to protect your equal status and opportunities?

Positive Rights

Entitlements provided, includes good living conditions, food, health care, social security and education.

Negative Rights

Liberty protected as a right, includes free speech, freedom of religion, equal protection under the law, freedom from torture.

Individual Liberty

The right of people to make their own choices, act freely, and be protected from government interference.

Equality

Ensuring that all individuals are treated fairly and have some opportunities and protections.

Incorporation Doctrine

Is the legal principle that most of the Bill of Rights, originally applying only to the federal; government, also applies to state government through the 14th amendment.

Selective Incorporation

The legal process by which the U.S. Supreme Court applies certain rights from the Bill of Rights to the states on a case-by-case.

Standard of Review

The level of deference an appellate court gives to a lower court or agency’s decision, determining how strictly the legal findings or facts are re-examined.

Judicial scrutiny

The legal standards or "levels of review" courts apply to determine the constitutionality of government actions or laws, balancing individual rights against state interests.

Strict Scrutiny

The highest level of review. A law must be narrowly tailored to achieve a compelling government interest and must be the least restrictive means of achieving that goal. Applies to cases involving fundamental rights (voting, free speech) and suspect classifications (race, ethnicity, or national origin)

First Amendment

Established in 1791, prohibits Congress from restricting five fundamental freedoms: religion, speech, press, assembly, and petition.

Establishment clause

The government cannot establish an official religion or favor one religion over others so to ensure the separation of church and state.

Free Exercise clause

Individuals are free to practice their religion without government interference, as long as it doesn’t violate public safety or laws so to protect religious liberty.

Separationist 

A person who supports the separation of a particular group of people from a larger body on the basis of ethnicity, religion, or gender.

Accommodationist

A person who seeks compromise with an opposing point of view, typically a political one.

Lemon v. Kurtzman

In 1971 ruled state funding for non-public, religious schools unconstitutional under the First Amendment's Establishment Clause. It established the "Lemon test," a three-prong standard for determining whether government actions create excessive entanglement between church and state.

Kennedy v. Bremerton School District

In 2020 a public school district violated a football coach's First Amendment rights by firing him for kneeling and praying at midfield after games.

Sherbert v. Verner

In 1963 the US Supreme Court ruledthat states cannot deny unemployment benefits to someone who refuses work due to religious beliefs.

Oregon v. Smith

In 1990 the Supreme Court ruled that the Free Exercise Clause of the First Amendment does not exempt individuals from complying with neutral, generally applicable laws, even if those laws burden religious practices.

Freedom of Expression

Is paramount to a democratic society especially in regards to speech, assembly, and press.

Pure speech

Spoken or written words expressing ideas, opinions, or beliefs.

Symbolic speech

Nonverbal actions or symbols that communicate a message or idea.

Speech +

Speech accomplished by conduct, such as protesting or marching.

Commercial speech

Speech intended to promote a product, service, or business.

Prior Restraint

The Government cannot censor or prevent the publication of information before it is released to the public.

Shield Laws

Legal protections for reporters.

Actual malice standard

A legal standard in defamation law requiring that a statement be published with knowledge of its falsity or with reckless disregard for whether it was true or false.

Alien & Sedition Acts

Original intent of the First Amendment was to protect political discussion and the first real test was the passage was this act made in 1798.

Peter Zenger Trial

A key part of freedom of the press since the invention of the printing press spreading Enlightenment ideals and revolutionary pamphlets were key to the Founders.

Freedom of Assembly

This right protects the ability of people to gather together peacefully to express their views on matters of public concern.

Freedom/Right to Petition

This right allows individuals and groups to express their views and concerns to government officials and to seek changes in government policies or actions.

Time, Place, Manner Restriction

Content-neutral limitations imposed by the government on free speech. These rules regulate when, where, and how expression occurs, rather than what is said.

Imminent Lawless Action

Speech intended to provoke illegal activity.

Freedom of the press

 has been a hallmark of democracy since the invention of the printing press….the spreading Enlightenment ideals, Peter Zenger Trial and revolutionary pamphlets were key to the Founders

Due Process

The rights of people suspected of or charged with crimes due to the power of the government to police society.

Procedural Due Process

The procedures and methods that the government must follow before it can take away an individual's life, liberty, or property.

Substantive Due Process

The actual policies and laws themselves and whether they infringe upon fundamental rights.

Unreasonable Search and Seizure Clause

Protects people from arbitrary government intrusion….The government (i.e. police) can’t just search you or take your property whenever they want without legal justification.

Warrants Clause

Lays out the rules the government must follow when getting a warrant or a legal document that allows for searches and/or arrests.

Probable Cause

A reasonable belief, based on facts, that a crime has been or is being committed.

4th amendment

Protects individuals from government intrusions into their privacy without justification. A search or seizure must be reasonable, typically requiring a warrant.

Warrant

Establishes that warrants must be based on probable cause, supported by oath or affirmation, and specifically describe the place to be searched and items to be seized.

Oath or Affirmation

Officers must swear that the information they are providing is true…This creates legal accountability (lying can invalidate the warrant)

Particularity Requirement

Warrants must be very specific.

Reasonable Suspicion

 A specific, articulable belief that criminal activity may be occurring.

Arrest Warrant

Authorizes police to detain a specific person.

Search Warrant

Authorizes police to search a specific place.

Plain view doctrine

Illegal items are clearly visible,

Exigent circumstances

Emergency situations allowing law enforcement to conduct warrantless searches, seizures, or entries, overriding typical Fourth Amendment requirements.

Stop and frisk

Based on reasonable suspicion from Terry v. Ohio, policing tactic where officers briefly detain, question, and pat down individuals for weapons if they have "reasonable suspicion" of criminal activity.

Exclusionary rule

This rule prohibits evidence obtained illegally from being used in a trial…Was evidence acquired properly? Especially dealing with new technologies

Fifth Amendment

Crucial protections for individuals in legal proceedings, primarily guaranteeing rights against self-incrimination, double jeopardy, and ensuring due process.

Grand Jury

Requires serious criminal charges to be initiated by a grand jury indictment, except for military cases during wartime.

Takings Clause

Prohibits the government from taking private property for public use without providing just compensation.

Self incrimination

States a person cannot be compelled to testify against themselves in a criminal case.

Trial procedures

Formal legal proceeding where a judge or jury hears evidence presented by both sides—prosecution/plaintiff and defense—to resolve a dispute or determine guilt.

Double jeopardy

Protects individuals from being prosecuted or punished more than once for the same offense after a case has reached a final resolution.

Speedy trial

Ensures that defendants are not subjected to prolonged incarceration or delays before trial.

Public trial

Requires trials to be open to the public to ensure fairness and accountability.

Impartial jury

Guarantees the right to a fair trial by an impartial jury in the district where the crime occurred.

Notice of accusation

Requires that defendants be informed of the charges and evidence against them.

Compulsory process

Provides the ability to compel witnesses to testify in the defendant’s favor.

Confrontation

Grants the right to confront and cross-examine witnesses testifying against the defendant.

Assistance of counsel

Ensures the right to legal representation, even if the defendant cannot afford an attorney.

Excessive bail

The government cannot set excessively high bail amounts that would be unreasonable or used as a punishment before trial.

Excessive fines

The government cannot impose overly large fines, ensuring that monetary penalties are fair and proportionate to the offense.

Cruel and Unusual Punishment

Punishments for crimes cannot be barbaric, inhumane, or grossly disproportionate to the crime committed. This clause is often cited in cases involving the death penalty and prison conditions.

Civil Rights

Policies designed to create greater protection for people against arbitrary or discriminatory treatment by government officials or individuals.

14th Amendment

Interpretations of the equal protection clause have led to various forms of discrimination to be viewed “permissible” and not a violation of rights.

15th Amendment

Was a crucial part of Reconstruction-era reforms aimed at expanding civil rights in the U.S.

Equal Protection of the Law

Clause in the 14th amendment emphasizing that the laws must provide equivalent “protection” to all people.

Legal Scrutiny

Refers to the level of judicial review that a court applies when evaluating the constitutionality of a law, policy, or government action and how rigorously a court examines whether the law violates constitutional principles.

Rational Basis Review

The most lenient form of scrutiny. A law is upheld if it is rationally related to a legitimate government interest. This applies to most general economic regulations and laws that do not involve fundamental rights or suspect classifications. (economic, age, disability).

Intermediate Scrutiny

A middle level of review. A law must be substantially related to an important government interest. This standard is often applied to cases involving gender discrimination or certain First Amendment issues…often applied to gender.

Women’s rights 

Began at the Seneca Falls conference in 1848 by leaders such as Lucretia Mott, Susan B. Anthony and Elizabeth Cady Stanton.

19th amendment

Gave women the right to vote.

Equal Rights Amendment

Was written by Alice Paul that stated that the tenants of the 14th amendment applied to women as well…not passed until 1972…failed to be ratified by the states.

National Organization for Women (NWO)

The National Women’s Political Caucus were formed in the 1960’s and 1970’s.

Reed v. Reed

Discrimination on gender.

Craig v. Boren

Sets medium scrutiny.

Roe v. Wade

Upheld the legality of abortion until 2022.

Dobbs v. Jackson

Made abortion illegal.

Title IX

Was added as an amendment to the Civil Rights Act prohibited gender discrimination in any school or education program receiving federal money.

Comparable Worth

Wage discrimination and salary gaps (women are paid $.81 for every $1.00 earned by a man).

Bowers v. Hardwick

Allowed states to ban homosexual relationships)...overturned by Lawrence v. Texas.

Obergefell v. Hodges

Has legalized same sex marriage (now codified with the Respect for Marriage Act).

American with Disabilities Act 

Requires employers and administrators of public facilities to make “reasonable accommodations”.