Chapter 5: Civil Liberties

Civil Liberties

Rights - chiefly, rights to be free of government interference - accorded to an individual by the Constitution: free speech, free press, and so on

Due Process of Law

Denies the government the right, without due process, to deprive people of life, Liberty, and property

Equal Protection of the Laws

A standard of equal treatment that must be observed by the government

Selective Incorporation

Most, but not all, rights also applied to the states

Freedom of Expression

Rights of people to speak, publish, and assemble

Freedom of Religion 

People shall be free to express their religion, and the government may not establish a religion

Prior Restraint

Censorship of publication, free press is essential to a free state but must be regulated

Clear and Present Danger test

Law should not punish speech unless there was a clear and present danger of producing harmful actions

Libel

Writing that falsely injures another person

Obscenity

Any utterance or act that strongly offends the prevalent morality of the time

Symbolic Speech

An act that conveys a political message

False Advertising

The act of publishing, transmitting, and also distributing advertisement containing a false claim

Free-Exercise Clause

Law cannot prevent free exerc

Establishment Clause

Bans laws “respecting an establishment of religion”

Wall of Separation

Court ruling that government cannot be involved with religion

Exclusionary Rule

Improperly gathered evidence may not be introduced in a criminal trial

Search Warrant

A judge’s order authorizing a search

Probable Cause

Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

Good Faith Exception

An error in gathering evidence sufficiently minor that it may be used in a trial

Public Safety Exception

The police can question an un-Mirandized suspect if there is an urgent concern in public safety

Inevitable Discovery

The police can use evidence if it would inevitably have been discovered 

7-2

Final vote count of Tinker V Des Moines

Abe Fortas

Who wrote the majority opinion of Tinker V Des Moines?

Oliver Wendell Holmes

Who compared false speaking to yelling there’s a fire in a crowded room?

Establishment Clause

What was the constitutional issue in Engel V Vitle?

Exercise Clause

What was the constitutional issue in Wisconsin V Yoder?

Symbolic Speech

What was the constitutional issue in Tinker V Des Moines?

Clear and Present Danger

What was the constitutional issue in Schenck V United States?

Freedom of Press

What was the constitutional issue in New York Times V United States?

Right to bear arms

What was the constitutional issue in McDonald V Chicago?

Exclusionary Rule 1

What was the constitutional issue in Mapp V Ohio?

Right to an attorney

What was the constitutional issue in Gideon V Wainwright?