Unit 3a

Civil Liberties

Things the government cannot do to you.

Civil Rights

Things the government must do for you.

Bill of Rights

A list of the fundamental civil liberties that restricts government action.

Natural Rights

Rights that individuals are born with; John Locke called them 'life, liberty, and property.'

Social Contract

An agreement among individuals to form a government that supplies protection for their natural rights.

Incorporation Theory

The view that most protections of the Bill of Rights apply to state governments through the Fourteenth Amendment's due process clause.

Establishment Clause

Prohibits Congress from establishing a national religion or preferring one religion over another.

Free Exercise Clause

Guarantees the right to practice one's religion without interference from the government.

Lemon Test

A three-part test established in Lemon v. Kurtzman to determine if a law violates the Establishment Clause.

Symbolic Speech

An act that conveys a political message; protected under the First Amendment.

Slander

The spoken defamation of a person's character.

Libel

The written defamation of a person's character.

Prior Restraint

Censorship imposed before a publication; generally considered unconstitutional.

Due Process

The legal requirement that the state must respect all legal rights owed to a person.

Fifth Amendment

Protects against self-incrimination and guarantees due process.

Eighth Amendment

Prohibits cruel and unusual punishment.

Miranda Rights

Rights that must be read to a person upon arrest, including the right to an attorney.

Griswold v. Connecticut

Established a right to privacy concerning marital relations.

Roe v. Wade

The Supreme Court case that recognized a woman's right to have an abortion under the right to privacy.

Dobbs v. Jackson Women’s Health Organization

The case that overturned Roe v. Wade, returning the power over abortion laws to the states.

Fourth Amendment

Protects against unreasonable searches and seizures.

Exclusionary Rule

Prohibits the use of illegally obtained evidence in court.

Gag Orders

Restrictions on media reporting to ensure a defendant's right to a fair trial.

Self-Incrimination

The act of implicating oneself in a crime.

Clear and Present Danger

A standard for restricting speech if it poses an immediate threat to public safety.