civil liberties

Civil Liberties

Constitutionally established guarantees that protect citizens' rights and property against arbitrary government interference.

Civil Rights

Positive acts of government designed to protect individuals from arbitrary or discriminatory actions.

Bill of Rights

The first ten amendments to the United States Constitution that explicitly recognize and protect civil liberties.

Selective Incorporation

Process by which the Supreme Court applies the Bill of Rights to the states via the Fourteenth Amendment.

Gitlow v. New York

A landmark case that held that the First Amendment's protections of free speech apply to state governments.

Second Amendment

Part of the Bill of Rights that establishes the right to keep and bear arms.

District of Columbia v. Heller

Supreme Court case that ruled there is a constitutional right to possess a firearm for lawful purposes such as self-defense.

McDonald v. Chicago

Supreme Court case that incorporated the Second Amendment to apply to the states.

First Amendment

Part of the Bill of Rights that protects freedoms concerning religion, expression, assembly, and the right to petition.

Clear and Present Danger Test

Standard established by Schenck v. United States to determine when speech could be limited based on its potential to incite lawless action.

Brandenburg v. Ohio

Supreme Court case that established the imminent lawless action test for free speech.

Symbolic Speech

Nonverbal communication that expresses opinions or ideas, protected under the First Amendment.

Freedom of Religion

Includes the Establishment Clause, which prohibits the government from establishing a religion, and the Free Exercise Clause, which protects individuals' rights to practice their religion.

Lemon v. Kurtzman

Supreme Court case that established the Lemon Test for determining if a law violates the Establishment Clause.

Right of Association

The right to join with others for social, political, economic, educational, religious, or cultural purposes.

Boy Scouts of America v. Dale

A Supreme Court case that held that the Boy Scouts had the right to exclude a gay leader based on their freedom of association.

Fourth Amendment

Protects against unreasonable searches and seizures and sets requirements for search warrants.

Miranda Rights

Rights of individuals in police custody informing them of their right to remain silent and to have an attorney present.

Sixth Amendment

Guarantees the right to a speedy and public trial, an impartial jury, and the assistance of counsel.

Eighth Amendment

Prohibits cruel and unusual punishment and excessive fines.

Right to Privacy

Implied right that protects personal autonomy, including decisions regarding family and sexuality.

Griswold v. Connecticut

Supreme Court case that recognized the right to privacy in marital relations.

Roe v. Wade

Landmark Supreme Court case that recognized a woman's right to choose to have an abortion under the right to privacy.

Prior Restraint

Government action that prohibits speech or other expression before it can take place, often deemed unconstitutional.

Gag Order

A legal order preventing parties in a court case from speaking about the case in public.

Time, Place, and Manner Restrictions

Regulations that govern when, where, and how expression can occur, permitted as long as they are content-neutral.

Equal Protection Clause

Part of the Fourteenth Amendment that requires states to provide equal protection under the law to all persons.

Due Process

Legal requirement that the state must respect all legal rights owed to a person, includes protections against arbitrary denial of life, liberty, or property.

8th Amendment

Ensures that punishments for crimes are not cruel or unusual.

Civil Liberties in Criminal Rights

Rights that protect individuals within the criminal justice process and ensure fair treatment.

Right to Bear Arms

Second Amendment: 'A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.'

District of Columbia v. Heller

Supreme Court case that ruled there is a right to possess a firearm for lawful purposes such as self-defense.

McDonald v. Chicago

Supreme Court case that incorporated the Second Amendment to apply to the states.

Freedom of Speech

Protected under the First Amendment, allowing individuals to express themselves without government interference.

Schenck v. United States

Established the 'Clear and Present Danger' test to determine when speech could be limited.

Brandenburg v. Ohio

Established the 'Imminent Lawless Action' test for free speech, protecting speech unless it incites immediate violence.

Symbolic Speech

Actions that express opinions or ideas, protected under the First Amendment.

Commercial Speech

Type of speech that advertises a product or service; has some protection under the First Amendment.

Defamation

False statements that damage a person's reputation; includes libel (written) and slander (spoken).

Obscenities

Content that is considered offensive or lewd, which may not be protected under the First Amendment.

West Virginia State Board of Education v. Barnette

Supreme Court case that ruled students cannot be forced to salute the flag or recite the pledge of allegiance.

Tinker v. Des Moines

Supreme Court case that protected student free speech in public schools.

Prior Restraint

Government action that prohibits speech or expression before it occurs, often deemed unconstitutional.

Pentagon Papers

A classified document revealing U.S. government decisions in the Vietnam War, leading to landmark Supreme Court cases on prior restraint.

New York Times v. United States

Supreme Court case that reinforced the right to publish the Pentagon Papers, ruling against prior restraint.

National Security

The need to protect a nation from threats; sometimes used as a justification for limiting free speech.

Geraldo Rivera Incident

An incident where a news reporter's actions were deemed to potentially jeopardize national security.

Gag Order

A legal order preventing parties in a court case from speaking about the case in public.

Freedom of Religion

Protected under the First Amendment, including the Establishment Clause and the Free Exercise Clause.

Establishment Clause

Prohibits the government from establishing an official religion and mandates separation from church and state.

Lemon v. Kurtzman

Supreme Court case that established the Lemon Test for determining if a law violates the Establishment Clause.

Free Exercise Clause

Protects individuals' rights to practice their religion without government interference.

Right of Association

The right to join with others for social, political, economic, educational, or cultural purposes.

Boy Scouts of America v. Dale

Supreme Court case that held the Boy Scouts had the right to exclude a gay leader based on their freedom of association.

Time, Place, and Manner Restrictions

Rules governing when, where, and how expression can occur, as long as they are content-neutral.

National Socialist Party of America v. Village of Skokie

Supreme Court case that protected the right of a hate group to march in a predominantly Jewish community.

Civil Liberties: Criminal Rights

Goal is to remove the criminal process from politics and protect individuals from arbitrary law enforcement.

Due Process Rights

Protect individuals who have been accused of a crime and includes protections under the 4th, 5th, 6th, and 8th Amendments.

Fourth Amendment

Protects against unreasonable searches and seizures and sets requirements for search warrants.

Fifth Amendment

Ensures Miranda Rights, protects against double jeopardy, and prohibits self-incrimination.

Sixth Amendment

Guarantees the right to a speedy trial, an impartial jury, and the right to counsel.

Eighth Amendment

Prohibits cruel and unusual punishments and excessive fines.

Right to Privacy

An implied right not explicitly mentioned in the Bill of Rights, protecting personal autonomy.

Griswold v. Connecticut

Supreme Court case that recognized the right to privacy regarding marital relations.

Lawrence v. Texas

Supreme Court case that invalidated laws against consensual same-sex activity, reinforcing privacy rights.

Roe v. Wade

Landmark Supreme Court case that recognized a woman's right to choose to have an abortion under the right to privacy.

Planned Parenthood v. Casey

Supreme Court case that upheld Roe v. Wade while allowing some state restrictions on abortion.

Dobbs v. Jackson's Women's Health Organization

Supreme Court case that challenged the constitutionality of a Mississippi law banning most abortions after 15 weeks.

Digital Information

Concerns related to privacy and rights regarding personal digital data.