Civil Liberties Overview

A set of flashcards covering key vocabulary and concepts related to civil liberties, their constitutional basis, historical development, and key judicial interpretations.

Civil Liberties

Protections from government power, focusing on restrictions on what the government cannot do.

Civil Rights

Obligations of government to treat citizens equally.

Bill of Rights

The first ten amendments to the Constitution that encompass both civil liberties and civil rights.

14th Amendment

Adopted in 1868; aimed to protect citizens from state laws infringing on rights.

Selective Incorporation

The process by which the Supreme Court has applied Bill of Rights protections to the states through the 14th Amendment.

Establishment Clause

Prohibits the government from establishing or favoring a religion.

Free Exercise Clause

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

Lemon Test

A three-pronged test to determine if a law violates the Establishment Clause.

Procedural Due Process

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

Substantive Due Process

Protects certain fundamental rights from government interference.

Right to Privacy

Not explicitly in the Constitution; derived from the penumbras of several amendments.

Digital Privacy

Concerns regarding the privacy of data in the digital era, particularly personal information.

Freedom of Speech

The right to express any opinions without censorship or restraint.

Obscenity

Defined by the Miller Test; unprotected speech based on community standards.

Right to Bear Arms

Protected by the Second Amendment; includes regulations on types of weapons.

Freedom of the Press

The right of journalists to publish news without governmental approval.

Freedom of Assembly

The right to hold public meetings and form associations without interference.

Right to Due Process

Protection against arbitrary denial of life, liberty, or property.