Civil Liberties and Civil Rights Concepts

Flashcards summarizing key concepts related to civil rights and civil liberties, essential for understanding constitutional protections in the U.S.

Inalienable Rights

Rights that cannot be taken away or given up.

English Bill of Rights

A 1689 document that limited the powers of the monarchy and outlined the rights of Parliament.

Bill of Rights

The first ten amendments to the U.S. Constitution guaranteeing individual liberties.

State Action Doctrine

The principle that the Constitution applies only to government actions and not private conduct.

First Amendment

Protects freedoms of speech, religion, press, assembly, and petition.

Second Amendment

Protects the right to keep and bear arms.

Fourth Amendment

Protects against unreasonable searches and seizures.

Fifth Amendment

Protects against self-incrimination and double jeopardy; ensures due process.

Sixth Amendment

Guarantees the right to a speedy trial by an impartial jury.

Eighth Amendment

Prohibits excessive bail and cruel and unusual punishment.

Fourteenth Amendment

Grants citizenship rights and equal protection under the law.

Selective Incorporation

The process by which certain rights in the Bill of Rights are applied to the states.

Civil Liberties

Individual rights protected from government interference.

Civil Rights

Rights that protect individuals from discrimination.

Establishment Clause

Prohibits the government from establishing an official religion.

Free Exercise Clause

Protects individuals' rights to practice their religion freely.

Assembly Rights

The right to gather publicly or privately for a common purpose.

Freedom of Expression

The right to express one's thoughts and feelings through speech, writing, and other forms.

West Virginia v. Barnette

A Supreme Court case ruling that students cannot be forced to salute the flag.

Texas v. Johnson

Supreme Court case that ruled flag burning is a form of protected speech.

Symbolic Speech

Nonverbal communication that expresses ideas or feelings.

Imminent Lawless Action

A standard to determine when speech can be restricted due to its immediate threat.

Perjury

The act of lying under oath.

True Threats

Statements intended to intimidate or instill fear in others.

Obscenity

Content that violates community standards and lacks serious literary, artistic, political, or scientific value.

Child Pornography

Illegal material depicting minors in sexual acts.

False Advertising

Misleading or untruthful promotion of a product.

Defamation of Character

False statements that harm an individual's reputation.

Public Figures

Individuals who have gained fame or notoriety.

Actual Malice

The standard required to prove defamation against public figures.

Reckless Disregard for the Truth

Publishing false information while ignoring the truth.

Prurient Interest

An excessive interest in sexual matters.

Miller v. California

Supreme Court case that defined obscenity and established standards.

Stanley precedent

A ruling related to the possession of obscene materials in private.

Hate Speech

Speech inciting violence or prejudicial action against a particular group.

Burger Test

A test to assess the constitutionality of restrictions on speech.

Speech Codes

Regulations that limit speech in certain environments, often on campuses.

Schempp Test

A test to determine the constitutionality of school-sponsored religious activities.

Engel v. Vitale

Supreme Court case ruling that mandatory school prayers are unconstitutional.

Lemon Test

A standard for determining if a law violates the Establishment Clause.

Everson v. Board of Education

A Supreme Court ruling on the separation of church and state concerning school funding.

Pentagon Papers Case

A landmark case regarding government censorship of publication.

Employment Division v. Smith

Case ruling that the government can restrict religious practices if not targeting a religion.

Prior Restraint

Government action that prohibits speech or other expression before it can take place.

Militia Clause

Part of the Second Amendment referencing the need for a well-regulated militia.

District of Columbia v. Heller

Supreme Court ruling affirming an individual's right to possess firearms.

Due Process

Legal requirement that the state must respect all legal rights owed to a person.

Reasonable Suspicion

Standard of proof required in situations justifying brief stops and searches.

Probable Cause

The standard by which law enforcement has grounds to make an arrest.

Right to Privacy

The right to keep personal information confidential.

Totality of the Circumstances Test

A legal standard used in determining whether probable cause exists.

Warranted Searches

Searches conducted with the authorization of a legal warrant.

Terry Rule

Allows police to stop and search individuals based on reasonable suspicion.

Reasonable Expectation of Privacy Standard

The standard determining whether an individual's privacy has been violated.

Self-Incrimination

The act of exposing oneself to prosecution by giving testimony.

Citizen Encounters

Interactions between law enforcement and the public.

Double Jeopardy

The prosecution of a person twice for the same offense.

Miranda Warnings

Rights read to a suspect before interrogation to inform them of their rights.

Right to Counsel

The constitutional right for defendants to have legal representation.

Right to a Speedy Trial

Guarantees that a defendant will be tried in a timely manner.

Right to a Public Trial

Ensures that trials are conducted openly for public scrutiny.

Impartial Jury

A jury that is unbiased and fair in its judgment.

Reasonable Doubt

The standard of proof required in criminal trials to ensure a defendant's acquittal.

Penumbra of Amendments

Implied rights that stem from the explicit rights in the Constitution.

Dobbs v. Jackson Women’s Health

A recent Supreme Court case regarding abortion rights.

Trimester Framework

Legal structure regulating abortion access based on pregnancy stages.

Affirmative Action

Policies aiming to increase opportunities for historically excluded groups.

Brown v. Board of Education

Landmark Supreme Court case declaring segregated schools unconstitutional.

Equal Protection Clause

Part of the Fourteenth Amendment, requiring equal treatment under the law.

Fair Housing Act

Prohibits discrimination in housing based on race, color, religion, sex, etc.

Civil Rights Acts

Legislation aimed at ending discrimination and ensuring civil rights.

Americans with Disabilities Act

Prohibits discrimination against individuals with disabilities.

De Facto Racial Quotas

Implementation of racial quotas not based on law but on practice.

Legitimate State Interest

A governmental goal that justifies certain restrictions on individual rights.