fundamental rights and freedoms protected from infringement by the government
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Civil Rights
protections from discrimination as a member of a particular group
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bill of rights
a list of fundamental rights and freedoms that individuals possess. first 10 amendments of the Constitution
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due process clause
no state can deny a person life, liberty or property without due process of law
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selective incorporation
ensures that states cannot make laws that infringe or take away the constitutional rights of citizens
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establishment clause
protection against the government requiring citizens to join or support a religion
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free exercise clause
protection of the rights of individuals to exercise and express their religious beliefs
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freedom of expression
a fundamental right affirmed in the First Amendment to speak, publish and peacefully protest.
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Clear and Present danger test
The legal standard that speech posing an immediate and serious threat to national security is not protected by the first amendment.
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prior restraint
the suppression of material prior to publication on the grounds that it might endanger national security.
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symbolic speech
protected expression in the form of images, signs and other symbols.
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libel
an untrue written statement that injures a person’s reputation
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slander
an untrue spoken expression that injures a person’s reputation.
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ex post facto laws
laws criminalizing conduct that was legal at the time it occurred. Can’t be punished for something if it wasn’t illegal when you did it.
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bill of attainder
a law passed by Congress punishing an individual without trial.
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writ of habeas corpus
A document setting out reasons for an arrest or detention.
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double jeopardy
protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction.
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miranda rights
The right to remain silent and to have an attorney present during questioning. These rights must be given by police to individuals suspected of criminal activity.
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13th amendment
prohibited slavery
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14th amendment
granted citizenship to people born in the US
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equal protection clause
has been used to protect civil rights of Americans from discrimination based on race, national origin, religion, gender, and other characteristics.
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15th amendment
granted the right to vote to male African Americans.
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separate but equal
Ruled segregation was legal as long as facilities were separate but equal.
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legal segregation
separation by law of individuals based on race.
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de jure segregation
Racial segregation that is required by law.
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de facto segregation
separation of individuals based on characteristics that arise not by law but because of other factors such as residential housing patterns.
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affirmative action
a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race and gender.
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civil rights act of 1964
legislation outlawing racial segregation in public places and authorized the attorney general to sue individual school districts that failed to desegregate.
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voting rights act of 1965
legislation outlawing literacy tests and authoring the Justice Department to send federal officers to register voters in areas with a history of voter discrimination.
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19th amendment
gave women the right to vote
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Title IX of the Education Amendments of 1972
legislation prohibiting sex discrimination in schools receiving federal aid.