Unit 3 Buzzwords Civil Rights and Civil Liberties

Bill of Rights

the first ten amendments to the Constitution that outline many of our civil liberties

Civil liberties

legal and constitutional rights that protect individuals from arbitrary acts of government. Examples: freedom of speech, right to a fair trial

Establishment clause

clause from the First Amendment that states that the government cannot force citizens to practice a religion; no state religion

Free exercise clause

clause from the First Amendment that states that citizens can practice whatever religion they want (the Supreme Court puts some limits on this).

Symbolic speech

speech that incorporates actions or something other than words to express an idea; examples: wearing an armband or burning a flag

Time, Manner, and Place Regulations

limitations on speech based when, how, and where the speech is produced

Defamation

untrue statements that hurt the reputation of another

Obscenity

unprotected speech based on community standards

Clear and Present Danger

a test the Supreme Court uses to differentiate between the advocacy of ideas (protected speech) and speech used to incite violence (unprotected speech)

Prior restraint

government censorship prior to publication

Selective incorporation

the Supreme Court chooses which parts of the Bill of Rights to apply to the states; not all of the Bill of Rights has been applied to the states

Due process clause of Fourteenth Amendment

This clause has three important purposes: (1) substantive due process - government must treat citizens fairly to protect a citizen’s life, liberty, and property; (2) procedural due process - government must follow consistent procedures to protect a citizen’s life, liberty, and property; and (3) Incorporation Doctrine - the Supreme Court has applied most of the Bill of Rights to the states to protect a citizen’s life, liberty, and property.

Miranda Warning (Rule)

you have the right to remain silent; anything you say may be used against you in a court of law; you have the right to an attorney; if you cannot afford one, one will be provided for you

Public Safety Exception to the Miranda Rule

In the seminal case of  New York v. Quarles (1984), the Supreme Court said that an officer’s concern for public safety can justify a failure to give  Miranda warnings.

Right to Counsel

clause in the Sixth Amendment gives citizens a right to have an attorney (and the Supreme Court said later that you have a right to an attorney even if you cannot afford one)

Right to a Speedy and Public Trial

This means that someone accused of a crime must be brought to trial for his or her alleged crimes within a reasonably short time after arrest, and the defendant (person accused of the crime) has a constitutional right to be tried by a jury, which must find the defendant guilty "beyond a reasonable doubt."

Right to an Impartial Jury

the jury must be a representation of the community and jurors must be unbiased (willing to decide the case on the basis of the evidence presented).

Protection Against Warrentless Searches

the Fourth Amendment provides that the government (usually police agencies) cannot search you or your belongings without a warrant or probable clause unless they have a very good reason.

Exclusionary Rule

evidence obtained through an illegal search is not admissible in court

Strict scrutiny

the most stringent standard the court uses to determine whether a law or other government action is unconstitutional. To pass strict scrutiny, the government action must be justified by a “compelling state interest,” as well as being the least restrictive means for achieving that interest.

Free expression

the freedom of speech and freedom of press clauses of the First Amendment of the Constitution

Libel

written defamation

Slander

spoken defamation

Public figures

people who have become relatively well known to the public

Public officials

public employees/elected officials who are in a significant position of authority

Right to assemble/petition the gov.

clause from the First Amendment that allows citizens to speak their minds together, including peaceful protests 

Bills of attainder

a law that pronounces an individual guilty of a crime without a trial; deemed unconstitutional

Ex post facto laws

a law that makes an action a crime after the action has been performed; deemed unconstitutional

Double jeopardy clause

clause from the Fifth Amendment that states a citizen cannot be tried for the same crime twice

Writ of habeas corpus

a court order to bring the accused before the judge

Capital punishment

the death penalty

Cruel and unusual punishment

clause in the Eighth Amendment that prohibits torture or extreme mistreatment of the accused or convicted

Eminent domain

the government can take your property if they pay you fair market value for it

Separation of Church and State

the idea started by a letter Thomas Jefferson wrote to a church explaining that their had to be a wall of separation between the government and churches - no national religion, no forced prayer in public schools