Civil Liberties and Rights in the U.S. Constitution

Civil Liberties

Freedoms, rights, and protections granted to individuals.

Civil Rights

Positive acts by the government to ensure equal freedoms for all and prevent discrimination.

9th Amendment

States can add additional rights beyond those in the Constitution.

14th Amendment

Prevents states from infringing upon rights guaranteed by the Bill of Rights.

Bill of Rights

The first ten amendments to the U.S. Constitution.

Establishment Clause

Prohibits the government from establishing an official religion.

Ceremonial Deism

A legal concept that allows nominally religious statements/practices due to tradition.

Free Exercise Clause

Protects individuals' rights to practice their religion within the law.

Clear and Present Danger

Speech can be restricted if it presents a significant threat.

Seditious Speech

Advocating the overthrow of the government by force or disrupting lawful activities.

Libel

False and malicious written statements.

Slander

False and malicious spoken statements.

Hicklin Test

Test for obscenity established in 1868, UK.

Comstock Laws

Laws enacted in 1873 to regulate obscenity.

Roth v. U.S. (1957)

Established the community standards test for obscenity.

Jacobellis v. Ohio (1964)

"I know it when I see it" standard for obscenity.

Miller v. California (1973)

Three-part test for obscenity.

Prior Restraint

Government censorship before speech is made public.

Symbolic Speech

Nonverbal expression (e.g., flag burning, protests).

Commercial Speech

Advertising and business-related speech, subject to regulation.

Freedom of Association

Right to peacefully assemble and join groups.

Petition the Government

Right to request policy changes or express grievances.

Alien and Sedition Act (1798)

Restricted speech critical of the government.

Espionage and Sedition Act (1917)

Criminalized anti-government speech during wartime.