Civil Liberties and Rights

These flashcards cover key terms and concepts related to civil liberties and rights as discussed in the lecture notes.

Civil liberties

The constitutional and other legal protections against government actions.

Bill of Rights

The first 10 amendments of the Constitution, which define basic liberties such as freedom of religion, speech, and the press.

First Amendment

The constitutional amendment that protects the four great liberties: freedom of religion, speech, press, and assembly.

Barron v. Baltimore

The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government and not the states or cities.

Gitlow v. New York

The 1925 Supreme Court decision holding that freedoms of press and speech are fundamental rights protected from state impairment.

Due process clause

Part of the Fourteenth Amendment guaranteeing that individuals cannot be deprived of life, liberty, or property without due process of law.

Incorporation doctrine

The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most provisions applicable to the states.

Establishment Clause

Part of the First Amendment stating that 'Congress shall make no law respecting an establishment of religion.'

Free exercise clause

A First Amendment provision that prohibits government interference with the practice of religion.

Lemon v. Kurtzman

The 1971 Supreme Court decision establishing that aid to church-related schools must have a secular legislative purpose.

Zelman v. Simmons-Harris

The 2002 Supreme Court decision that upheld a state program providing vouchers for tuition at religious schools.

Engle v. Vitale

The Supreme Court decision holding that requiring a prayer be recited by public schoolchildren violates the First Amendment.

Prior Restraint

Government action that prevents material from being published, usually prohibited by the First Amendment.

Near v. Minnesota

The 1931 Supreme Court decision holding that the First Amendment protects newspapers from prior restraint.

Schenck v. United States

A Supreme Court decision upholding the conviction of a socialist who urged resistance to the draft during WWI; established 'clear and present danger' principle.

Roth v. United States

A 1957 Supreme Court decision ruling that obscenity is not protected as speech.

Miller v. California

A 1973 Supreme Court decision holding that community standards should determine whether material is obscene.

Libel

The publication of false and malicious statements that may damage someone’s reputation.

New York Times v. Sullivan

A 1964 Supreme Court decision establishing that public figures must prove 'actual malice' for libel suits.

Symbolic Speech

Nonverbal communication, such as burning a flag or wearing an armband.

Commercial speech

Communication in the form of advertising, which can be restricted more than other types of speech.

Probable cause

Reasonable grounds for believing that a person is guilty of a crime; needed for lawful arrests.

Search Warrant

A written authorization from a court specifying the area to be searched.

Exclusionary rule

The rule that evidence cannot be introduced into trial if it was obtained unconstitutionally.

Fifth Amendment

A constitutional amendment providing protection against double jeopardy, self-incrimination, and punishment without due process.

Self-Incrimination

The act of being a witness against oneself.

Miranda v. Arizona

The 1966 Supreme Court decision that set guidelines for police questioning of accused persons.

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes, including the right to counsel.

Plea Bargaining

An agreement between a defendant's lawyer and prosecutor for a guilty plea to a lesser crime.

Eighth Amendment

The constitutional amendment that forbids cruel and unusual punishment.

Gregg v. Georgia

The 1976 Supreme Court decision that upheld the constitutionality of the death penalty.

Roe v. Wade

The 1973 Supreme Court decision holding that a Texas ban on abortions was unconstitutional.

Thirteenth Amendment

The constitutional amendment ratified after the Civil War that forbids slavery and involuntary servitude.

Civil Rights Act of 1964

A law making racial discrimination in public accommodations illegal.

Suffrage

The legal right to vote.

Voting Rights Act of 1965

A law designed to help end barriers to African American suffrage.

Hernandez v. Texas

A 1954 Supreme Court decision that extended protection against discrimination to Hispanics.

Korematsu v. United States

A 1944 Supreme Court decision upholding the internment of Americans of Japanese descent during WWII.

Reed v. Reed

The landmark 1971 case in which the Supreme Court upheld a claim of gender discrimination.

Americans with Disabilities Act of 1990

A law requiring accommodations for people with disabilities and prohibiting discrimination.

Affirmative Action

A policy designed to give special attention to previously disadvantaged groups.

Regents of the University of California v. Bakke

A 1978 Supreme Court decision that allows race to be one factor in admissions but prohibits set-asides for specific ethnic backgrounds.

Adarand Constructors v. Pena

A 1995 Supreme Court decision holding that federal programs classifying people by race are unconstitutional.