The Bill of Rights and Civil Liberties

Civil Liberties

Basic freedoms that are guaranteed under the Constitution, such as freedom of speech and freedom of religion. Those rights are protections from government abuse.

Civil Rights

Guarantees of equal rights and equal treatment under the law. Rights that government must provide to its citizens, such as a trial by jury and voting rights.

Incorporation

The process by which the Supreme Court applies the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment.

Libel

Publishing false information about someone with intent to cause harm.

Slander

Orally spreading false information about someone with intent to cause harm.

Prior Restraint

An attempt by government to prevent the publication or broadcast of material.

Self-incrimination

Statements, usually made under oath, suggesting that the person speaking is guilty of a crime.

Double Jeopardy

The prosecution of a person a second time for a crime for which the defendant has already been tried once and found not guilty. This is prohibited under the Fifth Amendment.

Equal Protection Clause

The part of the Fourteenth Amendment that guarantees that the government must provide the same rights to all citizens; this amendment originally guaranteed citizenship to African-Americans.

Establishment Clause

The part of the First Amendment that guarantees the separation of church and state.

Free Exercise Clause

The part of the First Amendment that guarantees all people the right to follow the religious practices of their choice.

Lemon v. Kurtzman

Established a three-prong test to determine if and when a government action violates the Establishment Clause. To be constitutional, a government action must: a) have a secular, or nonreligious, purpose; b) neither help nor hurt religion; c) not result in an "excessive entanglement" of the government and religion.

Texas v. Johnson

Decided that flag burning is an expression of opinion was protected symbolic speech under the First Amendment.

Near v. Minnesota

This case declared that freedom of the press is protected under the First Amendment by declaring prior restraint to be unconstitutional.

Your rights in the legal system

The Fifth, Sixth, Seventh, and Eighth Amendments

Miranda v. Arizona

This case set the precedent that, if taken into custody, people must be made aware of their rights, especially the protection from self-incrimination

Gideon v. Wainwright

This case reinforced the part of the Sixth Amendment that guarantees the right to legal counsel, even in the event that the defendant cannot afford it.

Bail

Money given over to the court in exchange for a suspect's release until his or her trial begins

First Amendment

Freedom of press, religion, assembly, petition, speech

Second Amendment

The right to bear arms

Third Amendment

Forbids the government from forcing citizens to quarter (house) soldiers against their will

Fourth Amendment

Protects citizens from unreasonable search and seizure

Fifth Amendment

Protects citizens from self-incrimination and double jeopardy; also guarantees due process

Sixth Amendment

Guarantees the right to a fair trial

Seventh Amendment

Guarantees the right to a trial by jury in civil cases

Eighth Amendment

Protects citizens from excessive bail and "cruel and unusual" punishment

Ninth Amendment

States that other rights and liberties may exist beyond those listed in the Constitution, and it offers protection for those unenumerated rights

Tenth Amendment

Limits the powers of the federal government to those granted under the Constitution, reserving other powers for the states and the people