Key Concepts in Civil Liberties and Due Process

Civil Liberties

Individual freedoms protected from government interference (e.g., speech, religion, due process).

Due Process Clause

Found in the 5th and 14th Amendments, it ensures the government cannot deprive people of life, liberty, or property without fair legal procedures.

Incorporation Doctrine

The process by which Bill of Rights protections apply to state governments through the 14th Amendment's Due Process Clause.

Gitlow v. New York (1925)

The Supreme Court ruled that First Amendment free speech applies to states through the 14th Amendment’s Due Process Clause, setting a precedent for incorporation.

Establishment Clause

Part of the First Amendment, it prevents the government from establishing a national religion or favoring one religion over another.

Free Exercise Clause

Protects individuals' right to practice their religion freely, as long as it does not violate laws or harm others.

Engel v. Vitale (1962)

Ruled school-sponsored prayer unconstitutional (violated the Establishment Clause).

Prior Restraint

Censorship before publication; generally unconstitutional unless national security is at risk (see NYT v. U.S.).

Schenck v. U.S. (1919)

Free speech can be restricted if it presents a 'clear and present danger' (e.g., shouting 'fire' in a crowded theater).

Libel

Written false statements that damage a person's reputation.

Slander

Spoken false statements that harm a person's reputation.

Symbolic Speech

Nonverbal expression (e.g., burning a flag, wearing an armband) protected under the First Amendment (Tinker v. Des Moines case).

Probable Cause

Reasonable grounds for a search/arrest (stronger than suspicion, weaker than proof).

Search Warrant

A court order allowing police to search a place or seize evidence.

Unreasonable Searches and Seizures

4th Amendment protection against government searching or taking property without probable cause or a warrant.

Exclusionary Rule

Illegally obtained evidence cannot be used in court (Mapp v. Ohio case).

Self-Incrimination

5th Amendment right to remain silent and not testify against yourself (Miranda rights stem from this).

Right to Privacy

Not explicitly in the Constitution, but implied through amendments (e.g., Roe v. Wade, Griswold v. Connecticut).

Plea Bargaining

Negotiation where a defendant pleads guilty to a lesser charge to avoid a trial for a more serious crime.

Gideon v. Wainwright (1963)

Guaranteed a right to an attorney for all felony defendants, even if they cannot afford one (6th Amendment).