Unit 3 Vocabulary: Civil Liberties and Civil Rights

Bill of Rights

The Bill of RIghts are the first ten amendments to the US Constitution.

Civil Liberties

Rights given in the constitution

Public Interest

Well-being and welfare of the general public, which guides policy decisions to benefit society as a whole over individual desires

Establishment Clause

The Establishment Clause prohibits the government from establishing a national religion

Free Exercise Clause

The Free Exercise Clause prohibits the US from interfering with a citizen’s right to practice a religion

Wall of Separation

An interpretation of the 1st Amendment’s Establishment Clause that the government and religion should remain independent

Clear and Present Danger

Allows the government to limit speech if it poses an immediate threat of “substantial evil”

Obscene Speech

Unprotected speech that the government can restrict — defined by the Miller Test

Symbolic Speech

Symbols, signs, and other methods of speech

Libel

A false written statement that defames the character of a person

Malicious Intent

Acting willfully or intentionally to cause harm without legal justification

Prior Restraint

Ability of the government to censor information before it is published.  Allowed ONLY in matters of national security.

Gun Control Act (1968)

A landmark US Federal law that regulates the firearm industry and firearm ownership, establishing rules for gun sales and ownership eligibility.

National Firearms Act (1934)

A US federal law that regulates and taxes the manufacture, sale, and transfer of certain firearms and ammunition, requiring registration of fireams and imposing restrictions on certain dangerous weapons.

2nd Amendment (1791)

The constitutional amendment that protects the right of individuals to keep and bear arms, ensuring that the government cannot infringe upon this right.

4th Amendment (1791)

No unreasonable searches and seizures, warrant and probable cause required for warrants, protecting privacy rights.

8th Amendment (1791)

Prohibits excessive bail and cruel and unusual punishment.

Writs of Assistance

Broad search warrant issued by British Colonial courts to help customs officials enforce trade laws and combat smuggling

Due Process

A legal requirement that the state must respect all legal rights owed to a person. It guarantees fair treatment through the normal judicial system.

14th Amendment (1868)

Grants citizenship and equal protection under the law to all persons born or naturalized in the United States.

Just Compensation Clause

Constitutional guarantee that requires the government at the state level to provide fair payment to property owners when their property is taken for public use.

Selective Incorportation

is the legal doctrine that ensures states cannot enact laws that infringe upon the constitutional rights of citizens as stipulated in the Bill of Rights. It applies the provisions of the Bill of Rights to the states through the 14th Amendment's Due Process Clause.

Exclusionary Rule

Judicially created doctrine in US law that prevents the government from using evidence obtained in violation of a defendant's constitutional right during a criminal trial.

5th Amendment

The national government cannot arbitrarily deny life, liberty or property

Procedural Due Process

Constitutional guarantee that the government must follow fair procedures before depriving a person of life, liberty, or property

Search and Seizure

Legal procedure where law enforcement inspects a person’s property to find evidence of a crime and take possession of any relevant items

6th Amendment (1791)

Guarantees the right to a speedy trial, an impartial jury, and legal counsel.

USA FREEDOM Act (2015)

Legislation aimed at reforming government surveillance practices and protecting individual privacy rights following the revelations of mass data collection.

Right to Privacy

Individual’s right to be free from unwanted intrusion and to have control over personal information

Substantive Due Process

Protects fundamental rights from government interference regardless of procedures used to restrict them

Civil Rights

Groups of people fighting for their civil liberties

Defense of Marriage Act (1996)

An act that defined marriage as exclusively between one man and woman affecting federal recognition of same-sex marriage and states obligations to recognize them

“don’t ask, don’t tell” (1994)

Policy that allowed LGBTQ+ individuals to serve in the military as long as they did not reveal their sexual orientation and the military didn’t ask

Equal Pay Act (1963)

Gender pay, workplace discrimination and equal opportunity

Equal Protection Clause

States that no state shall “deny to any person within its jurisdiction the equal protection of the laws”

Equal Rights Amendment (1972)

Proposed amendment aimed at guaranteeing equal legal rights for all American citizens regardless of sex, seeking to eliminate gender discrimination.

“Letter from Birmingham Jail”

A letter written by Martin Luther King Jr. during his imprisonment, advocating for civil disobedience against unjust laws and urging for immediate action in the civil rights movement.

National Association for the Advancement of Colored People (NAACP)

A civil rights organization founded in 1909, focused on combating racial discrimination and advocating for the rights of African Americans through legal challenges and activism.

National Women’s Organization

A feminist organization founded in 1966 aimed at promoting equal rights and opportunities for women, focusing on issues such as reproductive rights, economic equity, and social justice.

19th Amendment

The constitutional amendment ratified in 1920 that granted women the right to vote in the United States, marking a significant victory in the women's suffrage movement.

Strict Security

A legal doctrine that allows the government to impose regulations that restrict certain rights, particularly in relation to national security. It is often applied in cases involving free speech and civil liberties.

Title IX (1972)

A federal law prohibiting discrimination based on sex in any educational program or activity receiving federal financial assistance, ensuring equal opportunities for women in sports and academics.

Civil Rights Act of 1875

A landmark legislation aimed at guaranteeing African Americans equal treatment in public accommodations, public transportation, and prohibiting discrimination in jury selection.

Civil Rights Act of 1964

A significant piece of legislation that outlawed discrimination based on race, color, religion, sex, or national origin, and enforced desegregation in schools and public places.

15th Amendment (1870)

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

Grandfather Clause

A legal provision that allowed individuals to bypass literacy tests and other voting requirements if their grandfathers had been eligible to vote before the Civil War, often used to disenfranchise African American voters.

Jim Crow Laws

State and local laws enforcing racial segregation in the Southern United States, which mandated the separation of races in public facilities and services.

Literacy Test

A requirement imposed by some states to determine a voter's literacy and understanding of the Constitution, often used to restrict voting rights, particularly among African Americans.

Poll Taxes

Fees required for voting, often used to limit access for poor and minority voters, particularly African Americans, during the Jim Crow era.

“separate but equal”

a legal doctrine established by the Supreme Court case Plessy v. Ferguson, which upheld state laws requiring racial segregation as long as the separate facilities were equal in quality.

13th Amendment (1865)

The constitutional amendment that abolished slavery and involuntary servitude in the United States, except as punishment for a crime.

Title II (Civil Rights Act of 1964)

Prohibits discrimination in public accommodations based on race, color, religion, sex, or national origin.

Voting Rights Act of 1965

A landmark piece of federal legislation that prohibits racial discrimination in voting, aiming to enforce the voting rights guaranteed by the 14th and 15th Amendments.

24th Amendment (1964)

The constitutional amendment that prohibits the use of poll taxes in federal elections, ensuring that no citizen is denied the right to vote based on their economic status.

White Primary

A state-sponsored practice that restricted voting in primary elections to white voters, effectively disenfranchising African American voters and violating their civil rights.

White Flight

The phenomenon where white residents move from racially integrated urban areas to predominantly white suburbs, often in response to desegregation efforts.

Freedom of Choice Plans

Policies that allow parents to choose schools for their children, often implemented to promote school integration and provide alternatives to racially segregated education.

Affirmative Action

Policies designed to improve opportunities for historically underrepresented groups in education and employment.