Unit 3: Civil Liberties and Civil Rights

Civil Liberties and Rights

Fighting words

Words that by their very utterance inflict injury or tend to incite an immediate breach of the peace.

Right to Privacy

The concept that one's personal information is protected from public scrutiny.

Separate but Equal Doctrine

Legal doctrine that justified racial segregation as long as the separate facilities were of equal quality.

Letter from a Birmingham Jail

A letter written by Martin Luther King Jr. that defends the strategy of nonviolent resistance to racism.

14th Amendment

Amendment to the U.S. Constitution guaranteeing citizenship rights and equal protection under the law.

15th Amendment

Amendment that prohibits the federal and state governments from denying a citizen the right to vote based on race, color, or previous condition of servitude.

19th Amendment

Amendment that granted women the right to vote.

1st Amendment

Amendment that protects the freedoms of speech, religion, press, assembly, and petition.

24th Amendment

Amendment that prohibits poll taxes in federal elections.

26th Amendment

Amendment that lowered the voting age to 18.

2nd Amendment

Amendment that protects the right of the people to keep and bear arms.

4th Amendment

Amendment that protects against unreasonable searches and seizures.

5th Amendment

Amendment that provides for the rights of persons accused of crimes, including protection against self-incrimination.

6th Amendment

Amendment that guarantees the right to a fair and speedy public trial.

7th Amendment

Amendment that guarantees a jury trial in civil cases.

8th Amendment

Amendment that prohibits excessive bail or fines, and cruel and unusual punishment.

9th Amendment

Amendment that affirms the existence of unenumerated rights retained by the people.

Affirmative Action

Policies that take factors including race, color, religion, sex, or national origin into consideration to benefit an underrepresented group in areas such as education and employment.

Americans with Disabilities Act

Law that prohibits discrimination against individuals with disabilities in all areas of public life.

Arbitrary

Based on random choice or personal whim, rather than any reason or system.

Bill of Rights

The first ten amendments to the United States Constitution, guaranteeing individual rights.

Brown v. Board of Education (1954)

Supreme Court case that declared state laws establishing separate public schools for black and white students unconstitutional.

Busing

The practice of transporting students to schools outside their neighborhoods to promote racial integration.

Citizen state interactions

Interactions between individuals and the government concerning legal rights and privileges.

Civil Liberties

Individual rights protected by law from governmental interference.

Civil Rights

The rights of citizens to political and social freedom and equality.

Civil Rights Act of 1964

Landmark legislation that outlawed discrimination based on race, color, religion, sex, or national origin.

Civil Rights Movement

The struggle for social justice and equality for African Americans in the United States.

Class-action suit

A lawsuit filed by one or more plaintiffs on behalf of a larger group.

Clear and Present Danger Test

Standard used to determine when speech can be limited by the government; it must pose a clear and present danger to society.

Compelling state interest

A legal justification used by courts to uphold laws that infringe on individual rights for significant governmental purpose.

Constitutional provision

Specific articles or amendments in the Constitution that outline rights and responsibilities.

Cruel and Unusual Punishment

Punishments that are considered unacceptable due to the suffering, pain, or humiliation they cause.

De facto Segregation

Racial segregation that occurs in practice, even if not mandated by law.

De jure Segregation

Racial segregation that is enforced by law.

Death penalty

A legal punishment in which a convicted criminal is executed by the state.

Defamation of Character

A false statement presented as a fact that injures a party's reputation.

Double Jeopardy

The prosecution of a person twice for the same offense, prohibited by the Fifth Amendment.

Due Process Clause

Requirement that legal matters be resolved according to established rules and principles, protecting individual rights.

Due Process Rights

Rights guaranteed to individuals under the Due Process Clauses of the Fifth and Fourteenth Amendments.

Engle v. Vitale (1962)

Supreme Court case that ruled it unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.

Equal Protection Clause

Clause in the Fourteenth Amendment that requires states to provide equal protection under the law to all persons.

Equal Rights Amendment

Proposed amendment to the U.S. Constitution aimed at guaranteeing equal legal rights for all American citizens, regardless of sex.

Establishment Clause

Provision in the First Amendment that prohibits the government from establishing an official religion.

Exclusionary Rule

Legal rule that prohibits the use of illegally obtained evidence in a criminal trial.

Free Exercise Clause

Section of the First Amendment that protects citizens' rights to practice their religion freely.

Gender Discrimination

The act of treating an individual unfavorably because of their sex.

Gideon v. Wainwright (1963)

Supreme Court case ruling that the Sixth Amendment requires states to provide an attorney to defendants in criminal cases who cannot afford their own attorneys.

Grandfather Clause

A law that allows individuals to bypass certain regulations if their ancestors had that right when the laws were enacted.

Hate speech

Speech that incites violence or prejudicial action against a particular group.

Impartial jury

A jury that is unbiased and fair in its deliberations and verdicts.

Incorporation Doctrine

Legal doctrine that extends the Bill of Rights to apply to the states through the Fourteenth Amendment.

Incorporation Theory

The idea that the protections offered in the Bill of Rights are made applicable to the states via the Fourteenth Amendment.

Individual liberty

The freedom of individuals to act according to their own will.

Infringement

The violation of a person's rights or privileges.

Jim Crow Laws

State and local laws that enforced racial segregation in the Southern United States.

Lemon Test

Test established by the Supreme Court to determine whether a law violates the Establishment Clause of the First Amendment.

Libel

A published false statement that is damaging to a person's reputation.

Literacy Test

An assessment used to determine a person's literacy skills, often used to disenfranchise voters.

Litigate

To take a case to court; to engage in legal proceedings.

McDonald v. Chicago (2009)

Supreme Court case that ruled the Second Amendment right to keep and bear arms is applicable to the states.

Miranda Rights (rule)

Rights that must be read to a suspect upon arrest, including the right to remain silent and the right to an attorney.

National Organization of Women (NOW)

A feminist organization founded in 1966 that advocates for women's rights.

National security

Protection of a nation from threats or attacks.

New York Times v. United States (1971)

Supreme Court case protecting the right of the press to publish classified info deemed necessary for public interest.

Non suspect Classification

A classification not subject to heightened scrutiny or discrimination analysis.

Oral arguments

Arguments presented orally before a court, typically during an appeal.

Original intent

The idea that interpreters of the Constitution should consider the original intentions of the framers.

Patriot Act

A law enacted in response to September 11 that expanded the powers of law enforcement agencies for surveillance and security.

Poll Tax

A fee required to be paid in order to vote, historically used to disenfranchise poor and minority voters.

Precedent

Judicial decision that serves as a rule for future cases of a similar nature.

Prior Restraint

Government action that prohibits speech or other expression before it can take place.

Probable Cause

A reasonable belief that a person has committed a crime, which is required for a search warrant.

Prochoice movement

The social and political movement advocating for the legal right for women to choose to have an abortion.

Prolife Movement

The movement advocating against abortion, supporting the right to life of the unborn.

Public Safety Exemption

Legal principle that allows law enforcement to bypass the requirement of a warrant in emergency situations.

Quasi suspect Classification

A category in law that is subject to intermediate scrutiny, which applies to certain types of discrimination.

Right to counsel

The legal right of a person to have an attorney present during criminal proceedings.

Right to Privacy

The right to keep personal matters private and free from government interference.

Roe v. Wade (1973)

Supreme Court decision that legalized abortion nationwide, establishing a woman's legal right to choose.

Schenck v. United States (1919)

Supreme Court case that established the