Chapter 7 and 8 AMSCO

Civil Liberties

Basic freedoms guaranteed by the Constitution that protect individuals from government interference

Clear and Present Danger Test

Standard used to determine when speech can be limited if it poses a serious and immediate threat

Compelling Gov’t Interest

A very strong government reason required to justify limiting a constitutional right

Due Process

Requirement that the government follow fair procedures and respect rights when acting against individuals

Establishment Clause

Part of the First Amendment that prevents the government from establishing an official religion

Fifth Amendment

Protects against self incrimination double jeopardy and ensures due process of law

Fourteenth Amendment

Extends due process and equal protection of the laws to state governments

Free Exercise Clause

Part of the First Amendment that protects individuals rights to practice their religion

Libel

False written statements that damage a persons reputation

Obscene Speech

Speech or material that is offensive and not protected by the First Amendment

Prior Restraint

Government censorship of speech or publication before it occurs

Public Interest

The well being and welfare of the general public

Selective Incorporation

The process of applying Bill of Rights protections to the states through the Fourteenth Amendment

Symbolic Speech

Nonverbal communication that conveys a message and is protected by the First Amendment

Wall of Separation

Principle that government and religion should be kept separate

Exclusionary Rule

Rule that prevents illegally obtained evidence from being used in court

Metadata

Data that provides information about other data such as time location or source

Procedural Due Process

Guarantee that the government will follow fair procedures before depriving a person of life liberty or property

Public Safety Exception

Allows police to question a suspect without reading Miranda rights if there is an immediate threat to public safety

Right to Privacy

Implied constitutional right protecting personal decisions and information from government interference

Search and Seizure

Government action of examining property and taking evidence which must be reasonable and usually requires a warrant

Substantive Due Process

Principle that protects fundamental rights from government interference regardless of the procedures used