Civil Liberties Vocab AP GOV

Bill of rights

A list of fundamental rights and freedoms that individuals possess. The first ten amendments to the U.S. Constitution are referred to as the Bill of Rights

Enumerated rights

Civil Liberties

Fundamental rights and freedoms protected from infringement by the government.

Federalism

Amendment 1

religion, freedom of speech, freedom of press, assembly, petition gov for grievances

Amendment 2

right to bear arms

Amendment 3

no quartering in houses

Amendment 4

right against unreasonable search/seizure

Amendment 5

self incrimination, due process of law, grand jury trials, private property compensation, protection from double jeopardy

Amendment 6

speedy public trial, know charges, impartial jury, confront witness, legal representation, subpoena

Amendment 7

protect right for jury trial in civil case

Amendment 8

excessive bail, excessive fines, cruel/unusual punishment

Amendment 9

unenumerated rights; government cannot infringe people's rights

Amendment 10

fed gov only has powers delegated in constitution, powers not given are reserved to states and people

RAPPS

Religion, assembly, petition, press, speech

Selective incorporation

The piecemeal process through which the Supreme Court has affirmed that almost all of the protections within the Bill of Rights also apply to state governments.

Due process clause

The clause in the Fourteenth Amendment that restricts state governments from denying citizens their life, liberty, or property without legal safeguards.

Gitlow V New York (1925)

Applied the First Amendment's free speech protections to the states via the Fourteenth Amendment, marking the start of the "incorporation doctrine." (selective incorporation)

Fourteenth Amendment

Grants citizenship to all persons born or naturalized on the United States and ensures no state shall deprive any person of life, liberty, or property without due process, equal protection

Free exercise clause

First Amendment protection of the rights of individuals to exercise and express their religious beliefs.

Establishment Clause

First Amendment protection against the government requiring citizens to join or support a religion.

Lemon v Kurtzman

established "Lemon Test" to determine whether a law violates the Establishment Clause of the First Amendment. The test requires that a law must: 1) have a secular purpose, 2) not advance or inhibit religion, and 3) not excessively entangle government with religion.

Wall of separation

Letter of TJ, articulated the principle of separation of church and state. This letter emphasized that government should not interfere with religious practices and vice versa, ensuring that religion remains a private matter, free from government influence

Enel v Vitale

Prayer in school case, unconstitutional for public schools to require students to recite a prayer, even if it was voluntary, because it violated the Establishment Clause of the First Amendment.

Wisconsin v Yoder

Ruled Wisconsin's compulsory school attendance law violated the First Amendment by forcing Amish children to attend school beyond 8th grade. The Court sided with the Amish, stating that their right to free exercise of religion outweighed the state's interest in compulsory education.

Freedom of Expression

A fundamental right affirmed in the First Amendment to speak, publish, and protest.

Espionage Act 1917

Law enacted to prohibit interference with military operations, support of U.S. enemies during wartime, and to prevent the disclosure of national defense information. Challenged 1st amendment rights.

Schenk v US

Upheld the conviction of Charles Schenck for distributing anti-draft leaflets during World War I. The Court ruled that speech can be limited if it presents a "clear and present danger" to national security or public safety.

Clear and present danger

Legal standard used to determine when speech or actions can be limited or restricted under the First Amendment.

Brandenburg v Ohio

Ruled the government cannot restrict speech unless it incites "imminent lawless action." The decision broadened First Amendment protections, establishing that advocacy of violence is protected unless it directly incites illegal activity.

Prior Restraint

The suppression of material prior to publication on the grounds that it might endanger national security.

NYT v US

Supreme Court ruled that public officials must prove "actual malice" to win a defamation lawsuit, meaning the statement was made with knowledge of its falsity or with reckless disregard for the truth. This decision strengthened First Amendment protections for the press, prior restraint

Symbolic Speech

Protected expression in the form of images, signs, and other symbols.

Tinker v Des Moines School

Ruled students have the right to free speech in schools as long as it does not disrupt the educational environment. The case involved students wearing black armbands to protest the Vietnam War, and the Court sided with the students, protecting their symbolic speech.

Morse v Frederick

School could prohibit student speech that promotes illegal drug use. The case involved a student, Joseph Frederick, who displayed a banner reading "BONG HiTS 4 JESUS" during a school event, and the Court sided with the school, allowing restrictions on speech that could undermine the school's educational mission.

Libel

An untrue written statement that injures a person's reputation.

Slander

An untrue spoken expression that injures a person's reputation.

Hate Speech

Any form of communication that attacks or discriminates against a person or group based on attributes like race, religion, ethnicity, sexual orientation, disability, or gender.

Obscenity and pornography

Words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic merit.

Time, place, manner regulations

Regulations that the government can impose on the exercise of First Amendment rights, particularly regarding assembly and free speech. These restrictions are meant to ensure that public spaces are used respectfully and safely, allowing for both the exercise of rights and the maintenance of order

Freedom of assembly

right of individuals to gather peacefully for demonstrations, protests, and other forms of collective expression.

DC v Heller

Ruled the Second Amendment protects an individual's right to possess a firearm, unconnected to service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Was before McDonald v Chicago

McDonald v Chicago

Incorporated the Second Amendment's right to keep and bear arms to the states through the Fourteenth Amendment's Equal Protection Clause. The Court ruled that the right to bear arms for self-defense is fundamental and applies to state and local governments, not just federal laws.

Procedural due process

Constitutional principle that ensures fair treatment through the judicial system, safeguarding individuals' rights during legal proceedings. It emphasizes the necessity for government entities to follow established legal procedures before depriving a person of life, liberty, or property. 5th and 14th amendment

Warrant

A document issued by a judge authorizing a search.

Probable cause

Reasonable belief that a crime has been committed or that there is evidence of criminal activity.

exclusionary rule

A rule that evidence obtained without a warrant is inadmissible in court.

Grand Jury

A group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted on criminal charges and subsequently tried in court.

Double jeopardy

Protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction.

Miranda Rule

The right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity.

Gideon v Wainright

Ruled states are required to provide an attorney to defendants who cannot afford one in criminal cases. The decision ensured the right to counsel, guaranteed by the Sixth Amendment, applies to state courts through the Fourteenth Amendment.

Bail

An amount of money posted as a security to allow the charged individual to be freed while awaiting trial.

Griswold v Connecticut

ruled a state law banning the use of contraceptives by married couples violated the right to privacy. The Court found that the right to privacy is implied by the "penumbras" of the Bill of Rights, particularly the First, Third, Fourth, and Ninth Amendments.

Penumbra theory/amendments

Is implied rights provided in the us constitution, or in a rule, even if they are not explicitly stated, in the shadow

Roe v Wade

Legalized abortion nationwide, ruling that a woman has a constitutional right to choose an abortion under the right to privacy implied by the Due Process Clause of the Fourteenth Amendment. The decision balanced a woman's right to privacy with the state's interests in regulating abortions.

Dobbs v Jackson

case that overturned Roe v. Wade, ruling that there is no constitutional right to abortion. The Court held that the authority to regulate abortion is returned to individual states, allowing them to set their own laws regarding the procedure.

Unenumerated rights

Fundamental rights that are not explicitly listed or enumerated in the U.S. Constitution, but are still considered to be protected by the Ninth Amendment. These rights are implied or derived from the overall structure and purpose of the Constitution.