Civil Liberties & Civil Rights Notes Tri 3

Bill of Rights

The first 10 amendments to the U.S. Constitution that define basic liberties such as freedom of religion, speech, and press, and guarantee defendants' rights.

Civil Liberties

Freedoms to think and act without government interference or fear of unfair legal treatment to protect individuals.

Bill of Rights

The first 10 amendments to the U.S. Constitution that define basic liberties such as freedom of religion, speech, and press, and guarantee defendants' rights.

Civil Liberties

Freedoms to think and act without government interference or fear of unfair legal treatment to protect individuals.

Civil Rights

Positive acts of government designed to prevent group discrimination and provide equality before the law.

Establishment Clause

Clause in the first amendment that prohibits the government from establishing an official religion.

Free Exercise Clause

First amendment requirement that law cannot prevent the free exercise of religion unless the action violates the law.

Wall of Separation

Interpretation of the establishment clause that allows no government involvement with religion, even on a non-preferential basis.

Engel v. Vitale (1962)

Supreme Court ruling that school-sponsored prayer is unconstitutional due to the establishment clause.

Lemon Test

Criteria established in Lemon v. Kurtzman to determine if government funding of religious institutions is constitutional.

Wisconsin v. Yoder (1971)

Supreme Court case ruling that requiring Amish children to attend school past 8th grade conflicts with the free exercise clause.

Kennedy v. Bremerton (2022)

Supreme Court case that ruled individuals are protected from government reprisal for personal religious observance.

Unprotected Speech

Types of speech such as libel, obscenity, fighting words, and commercial speech that are not entitled to constitutional protection.

Clear & Present Danger

Standard from Schenck v. US that allows government restriction of speech that presents a clear and immediate danger of leading to harmful actions.

Fighting Words

Words that inflict injury on those to whom they are addressed or incite them to acts of violence.

Obscene Speech

Speech that suggests sexual conduct in an offensive way and lacks serious literary, artistic, political, or scientific value.

Miller v. California (1973)

Established community standards for determining whether material is obscene based on prurient interest, offensiveness, and lack of value.

Symbolic Speech

Using actions and symbols rather than words to convey an idea.

Commercial Speech

Advertisements and commercials for products and services, receiving less First Amendment protection.

Breathing Space

Doctrine that allows false information to be protected under freedom of the press.

Libel

A false written statement that harms the reputation of an individual, business, group, or nation.

Slander

A false spoken statement that harms the reputation of an individual, business, group, or nation.

Malicious Intent

A person acted willfully or intentionally to cause harm, without legal justification.

Prior Restraint

Censorship of information before it is published or broadcasted.