Chapter 8: Civil Liberties

Civil Liberties

Protections FROM the government, cannot be taken away without due process, protected by bill of rights.

Civil Rights

Protection BY the government, against discrimination and guarantees of equal treatment under the law, often associated with the 14th Amendment.

Bill of Rights

The first ten amendments to the U.S. Constitution that outline fundamental rights and protections for individuals. Tell the govt what they can't do.

Due Process Clause

A clause in the 5th and 14th Amendments that prohibits the government from depriving anyone of life, liberty, or property without fair legal procedures.

Selective Incorporation

The process by which the Supreme Court applies parts of the Bill of Rights to state governments through the 14th Amendment's Due Process Clause.

Establishment Clause

A provision in the First Amendment that prohibits the government from establishing an official religion or favoring one religion over another.

Free Exercise Clause

A provision in the First Amendment that protects individuals' rights to practice their religion freely, as long as it does not violate public order or laws.

Freedom of Expression

The right to express opinions without government censorship or restraint, including speech, press, assembly, and petition.

Clear and Present Danger Test

A legal standard that determines when speech can be restricted if it poses a significant, immediate threat to public safety or order.

Prior Restraint

Government action that prevents speech or publication before it occurs, generally considered unconstitutional except in extreme cases.

Symbolic Speech

Nonverbal expression, such as protests, flag burning, or armbands, that is protected under the First Amendment.

Libel

A false written statement that damages someone's reputation.

Slander

A false spoken statement that harms someone's reputation.

Obscenity and Pornography

Material that depicts sexual conduct in an offensive way and lacks serious artistic, literary, or scientific value; regulated by the government under specific legal standards.

Ex Post Facto Laws

Laws that criminalize actions retroactively, which are prohibited by the Constitution.

Bill of Attainder

A law that punishes a person or group without a trial, which is unconstitutional in the U.S.

Writ of Habeas Corpus

A legal order requiring authorities to bring a detained person before a court to determine if their imprisonment is lawful.

Procedural Due Process

The requirement that the government follows fair legal procedures before depriving a person of life, liberty, or property.

Warrant

A legal document issued by a judge that authorizes law enforcement to conduct a search, seizure, or arrest.

Probable Cause

A reasonable basis for believing that a crime has been committed, necessary for obtaining a warrant or making an arrest.

Exclusionary Rule

A legal principle that prohibits evidence obtained illegally from being used in a court trial.

Grand Jury

A group of citizens who determine whether enough evidence exists to indict a person and proceed with a trial.

Double Jeopardy

A constitutional protection that prevents an individual from being tried twice for the same crime.

Miranda Rights

The rights that must be read to a suspect upon arrest, including the right to remain silent and the right to an attorney.

Bail

A sum of money paid to the court to secure a defendant's release from jail before trial, ensuring they return for court proceedings.