Unit 3: Civil Liberties and Civil Rights (copy)

Civil Liberties

Civil Liberties

Protections from the abuse of government power.

What are civil rights?

Civil rights are the rights of citizens to political and social freedom and equality.

Barron v. Baltimore (1833)

Court case that determined the Bill of Rights restricted the national government but not state governments.

Selective Incorporation

The process by which the Supreme Court applies the Bill of Rights on a case-by-case basis to state laws.

Schenck v. United States (1919)

Supreme Court case ruling that limited free speech if it poses a 'clear and present danger'.

Free Speech Limitations

Constitutional protections do not apply to slander, obscenity, or speech inciting violence.

Clear and Present Danger Test

A standard to measure whether speech can be limited if it poses an immediate threat.

New York Times v. United States (1971)

Supreme Court case allowing the publication of the Pentagon Papers due to insufficient grounds for prior restraint.

Fourteenth Amendment

Amendment cited in Gitlow v. New York which restricts states from infringing on individual rights.

Establishment Clause

Part of the First Amendment preventing the government from establishing a state religion.

Engel v. Vitale (1962)

Supreme Court ruling that school-sponsored prayer violated the Establishment Clause.

McDonald v. Chicago (2010)

Supreme Court decision affirming the individual right to bear arms under the Second Amendment.

Exclusionary Rule

Legal principle that prohibits the use of illegally obtained evidence in court.

Fifth Amendment

Amendment that protects against double jeopardy and self-incrimination, and ensures due process.

Sixth Amendment

Guarantees rights related to criminal prosecutions, including the right to a fair trial.

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishment.

Ninth Amendment

Indicates that rights not specifically enumerated in the Constitution are still protected.

Implied Right to Privacy

Recognized by the Supreme Court as existing within several amendments in the Bill of Rights.

Lemon Test

A three-part test to determine if a law violates the Establishment Clause established in Lemon v. Kurtzman (1971).

Freedom of Assembly

The right to gather peacefully, although it may be subject to some government restrictions.

Gideon v. Wainwright (1963)

Supreme Court case holding that the state must provide an attorney to defendants who cannot afford one.