civil rights and civil liberties

civil liberties

the protections of citizens from improper governmental actions

strict scrutiny

the strictest standard of judicial review of a government’s actions, in which the government mush show that the law serves a “compelling state interest”

establishment clause

the first amendment clause that says, “congress shall make no law respecting an establishment of religion”

lemon test

a rule articulated in Lemon v. Kurtzman that government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice of religion, and does not lead to "excessive entanglement" with religion

free exercise clause

the First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses

speech plus

speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this form of speech under the First Amendment is conditional and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

prior restraint

an effort by a government agency to block publication of material by a newspaper or magazine; censorship

libel

a written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory”

slander

an oral statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory”

fighting words

speech that directly incites damaging conduct

due process

the requirement that citizens be treated according to the law and be provided adequate protection for individual rights

exclusionary rule

the requirement that courts exclude evidence obtained in violation of the Fourth Amendment

grand jury

jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence

miranda rule

the requirement derived from the Supreme Court's 1966 ruling in Miranda v. Arizona that persons under arrest must be informed of their legal rights, including the right to counsel, before undergoing police interrogation

right to privacy

the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions

civil rights

the rules that government must follow in the treatment of individuals, especially concerning participation in political and social life

equal protection clause

provision of the Fourteenth Amendment guaranteeing citizens "the equal protection of the laws." This clause has been the basis for the civil rights of African Americans, women, and other groups

“separate but equal” rule

the legal principle that public accommodations could be segregated by race but still be equal

de jure segregation

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

de facto segregation

racial segregation that is not a direct result of law or government policy but is, instead, a reflection of residential patterns, income distributions, or other social factors

intermediate scrutiny

a test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional

affirmative action

a policy or program designed to correct historical injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities