Oly AP Gov Civil Liberties & Civil Rights terms

Civil Liberties

The legal constitutional protections against the government; defined in the Bill of Rights.

Bill of Rights

First 10 amendments to the Constitution.

First Amendment

Establishes the 4 great liberties: freedom of the press, of speech, of religion, and of assembly.

Fourteenth Amendment

"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Due Process Clause

Part of the 14th amendment that guarantees that people cannot be deprived of life, liberty, or property without due process.

Incorporation Doctrine

The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th amendment.

Establishment Clause

Part of the 1st amendment that states: "Congress shall make no law respecting an establishment of religion."

Free Exercise Clause

A 1st amendment provision that prohibits government from interfering with the practice of religion.

Prior Restraint

A government and its actions preventing material from being published. Censorship.

Libel

The publication of false or malicious statements that damage someone's reputation.

Slander

The verbal expression of false or malicious statements that damage someone's reputation.

Symbolic Speech

Nonverbal communication, such as burning a flag or wearing an armband.

Commercial Speech

Communication in the form of advertising.

Federal Communications Commission

Regulates the content, nature, and existence of radio and television broadcasting.

Probable Cause

The situation occurring when police have reason to believe that a person should be arrested. In making the arrest, police are legally allowed to search for and seize incriminating evidence.

Unreasonable Search and Seizures

Obtaining evidence in a haphazard or random manner, a practice prohibited by the 14th amendment. Probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence.

Exclusionary Rule

The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained.

Fifth Amendment

An amendment designed to protect the rights of persons accused of crimes, including protection from double jeopardy, self-incrimination, and punishment without due process of law.

Self-incrimination

The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court.

Sixth Amendment

An amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Plea Bargaining

A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.

Cruel and Unusual Punishment

Court sentences prohibited by the 8th amendment.

Fifteenth Amendment

Provides the right to vote for Blacks.

Equal Rights Amendment

Proposal that equality of rights under the law not to be denied on the account of sex. Failed ratification in 1982

Poll Taxes

Taxes levied on the right to vote designed to hurt poor Blacks.

Equal Protection Clause

Provided by the Fourteenth Amendment mandating that "no State shall deny anyone within its jurisdiction the equal protection of the laws."

White Primary

The practice of keeping blacks from voting in southern states' primaries through arbitrary use of registration requirements and intimidation.

Americans with Disabilities Act of 1990

A law passed in 1990 that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment.

Civil Rights

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals

Thirteenth Amendment

Abolished slavery and involuntary servitude.

Twenty-fourth Amendment

Prohibits poll taxes in federal elections.

Civil Rights Act of 1964

The law that made racial discrimination against any group in hotels, motels, and restaurants illegal and forbade many forms of job discrimination.

Voting Rights Act of 1965

A policy designed to reduce the barriers to voting for those suffering discrimination.

Affirmative Action

A policy designed to give special consideration to members of some previously disadvantaged groups.

Suffrage

The legal right to vote.

Nineteenth Amendment

Provides women with the right to vote. Ratified in 1920

de jure

Legal term meaning "by law."

de facto

Legal term meaning "in reality."

Title IX

Forbids gender discrimination in federally funded education programs including athletics.