POLS 1101 Ch. 15 Order and Civil Liberties Vocab

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Civil liberties

Freedoms guaranteed to individuals taking the form of restraint on government.

Civil rights

Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals.

due process clause of the Fourteenth Amendment

Part of Section 1 of the Fourteenth Amendment, which requires state governments to adhere to certain procedures and forbids unreasonable state government action that infringes on important substantive freedoms.

establishment clause

The first clause in the First Amendment, which forbids government establishment of religion.

free-exercise clause

The second clause in the First Amendment, which prevents the government from interfering with the exercise of religion.

strict scrutiny

A standard used by the Supreme Court in deciding whether a law or policy is to be adjudged constitutional. To pass this standard, the law or policy must be justified by a "compelling governmental interest," must be narrowly tailored, and must be the least restrictive means for achieving that interest.

free-expression clauses

The press and speech clauses of the First Amendment.

prior restraint

Censorship before publication.

clear and present danger test

A means by which the Supreme Court has distinguished between speech as the advocacy of ideas, which is protected by the First Amendment, and speech as incitement, which is not protected.

fighting words

Speech that is not protected by the First Amendment because it inflicts injury or tends to incite an immediate disturbance of the peace.

Public figures

People who assume roles of prominence in society or thrust themselves to the forefront of public controversy.

bills of attainder

A law that pronounces an individual guilty of a crime without a trial.

ex post facto laws

A law that declares an action to be criminal after it has been performed.

Miranda Warnings

Statements concerning rights that police are required to make to a person before they are subjected to in-custody questioning.

-You have the right to remain silent.

-Anything you say can be used against you in court.

-You have the right to talk to a lawyer of your own choice before questioning.

-If you cannot afford to hire a lawyer, a lawyer will be provided without charge.

good faith exception

An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.