Civil Rights + Civil Liberties

Writ of habeas corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

free-exercise clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

establishment clause

Clause in the First Amendment that says the government may not establish an official religion.

pure speech

the verbal expression of thought and opinion before an audience that has chosen to listen

prior restraint

government censorship of information before it is published or broadcast

due process

fair treatment through the normal judicial system, especially as a citizen's entitlement.

exclusionary clause

any evidence not obtained legally cannot be used in a trial

ex post facto

a law that would allow a person to be punished for an action that was not against the law when it was committed

de jure discrimination

Racial segregation that is a direct result of law or official policy

de facto discrimination

discrimination that is the result not of law but rather of tradition and habit

equal protection clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

privileges and immunities clause

prevents a state from treating citizens of other states in a discriminatory manner.

Wall of separation

court ruling that government cannot be involved with religion

affirmative action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities

clear and present danger

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

libel

written defamation

slander

spoken defamation

strict scrutiny

A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal

civil disobedience

A form of political participation that reflects a conscious decision to break a law believed to be immoral and to suffer the consequences.

civil rights

the rights of citizens to political and social freedom and equality.

civil liberties

Constitutional freedoms guaranteed to all citizens

bill of attainder

a law that punishes a person accused of a crime without a trial or a fair hearing in court

self-incrimination

testifying against oneself