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Civil Liberties
Fundamental rights and freedoms that protect individuals from government overreach, including freedom of speech, religion, and privacy.
Bill of Rights
The first ten amendments to the United States Constitution that guarantee individual liberties such as freedom of speech, assembly, and religion.
Barron v. Baltimore
A landmark Supreme Court case in 1833 that held the Bill of Rights only applied to the federal government and not to state governments, thus impacting the application of civil liberties.
Gitlow v. New York
A significant Supreme Court case in 1925 that ruled the First Amendment's free speech protections apply to state governments through the Fourteenth Amendment, establishing the doctrine of incorporation.
Due Process Clause
Part of the Fourteenth Amendment that prohibits states from denying any person "life, liberty, or property" without due process of law, thereby protecting individual rights from state infringement.
Incorporation Clause
A constitutional doctrine that applies the Bill of Rights to state governments through the Fourteenth Amendment, ensuring that individual liberties are protected at both federal and state levels.
Establishment Clause
Part of the First Amendment that prohibits the government from establishing an official religion or unduly favoring one religion over another, ensuring the separation of church and state.
Free Exercise Clause
Part of the First Amendment that protects individuals' rights to practice their religion freely, without government interference, as long as such practices do not violate public morals or a compelling governmental interest.
Prior Restraint
A legal doctrine that prohibits the government from prohibiting speech or other expression before it takes place, typically deemed a violation of the First Amendment.
Libel
A written false statement that damages a person's reputation, considered a form of defamation.
Symbolic Speech
Nonverbal communication that expresses ideas or beliefs, such as gestures, clothing, or signs, protected under the First Amendment.
Commercial Speech
Type of speech that promotes a commercial transaction, receiving limited protection under the First Amendment.
Probable Cause
The standard by which law enforcement has the right to make arrests, conduct searches, or obtain warrants, based on the reasonable belief that a crime has been, is being, or will be committed.
Unreasonable Search and Seizures
Refers to searches or seizures that are conducted without a warrant or probable cause, violating the Fourth Amendment.
Search Warrant
A legal document authorized by a judge allowing law enforcement to conduct a search of a specified place and seize evidence.
Exclusionary Rule
A legal principle that prohibits the use of illegally obtained evidence in a court of law.
Self-Incrimination
The act of accusing oneself of a crime, which is protected against by the Fifth Amendment in the US Constitution.
Plea Bargaining
A negotiation in which a defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence or the dismissal of other charges.
Cruel and Unusual Punishment
A punishment that is considered inhumane or grossly disproportionate to the offense, prohibited by the Eighth Amendment of the US Constitution.
Right to Privacy
The principle that individuals have a personal space that is free from government intrusion, often derived from various amendments in the US Constitution.