Civil Liberties and Rights in the U.S. Constitution

Civil liberties

Fundamental rights protected from government infringement.

Civil rights

Protections against discrimination for group membership.

Rights of the accused

Legal protections for individuals charged with crimes.

Due process (rights of the accused)

The right to a fair trial, the right to an attorney, the right to remain silent, protection against self-incrimination, and the right to confront witnesses, no excessive punishments, and no unreasonable searches and seizures. 5th and 6th Amendments

Establishment Clause

Prevents government from establishing a national religion.

Free exercise clause

Protects the right to practice one's religion.

First Amendment

Guarantees freedom of expression and five basic freedoms: speech, religion, assembly, petition, and press

Second Amendment

Protects the right to bear arms.

Third Amendment

No forced quartering of soldiers.

Fourth Amendment

Protects against unreasonable searches and seizures. (warrant needed)

Fifth Amendment

Right to grand jury indictment in criminal cases, protection against double Jeopardy (a principle that prohibits an individual from being tried twice for the same offense after a verdict has been reached), self incrimination (right to remain silent), right to due process of law, and right to just compensation when private property is taken for public use

Sixth Amendment

Speedy and public trial, right to confront a witness, right to compel favorable witnesses to testify in one's defense, and right to an attorney

Seventh Amendment

Right to trial by jury in civil cases.

Eighth Amendment

Prohibits excessive bail, fines, and cruel punishments.

Ninth Amendment

Protects rights not specifically listed in the Constitution.

Tenth Amendment

Reserves powers not given to federal government to states.

Freedom of expression

Right to express thoughts without government censorship, protected by 1st amendment

Exclusionary rule

Bars evidence from illegal searches (ones that violate 4th) in court

Prior restraint

Government action preventing speech before it occurs.

Freedom of the press

Right to publish information without government interference.

Right to privacy

Legal right to keep personal matters confidential (3rd and 4th amendment) (Ex: Griswold v Connecticut and Roe v Wade)

Libel

Defamation through false published statements

Slander

Defamation through false spoken statements

Due process clause

Prohibits deprivation of life, liberty, or property without due process (5th and 14th amedments)

Equal Protection Clause

Prevents state discrimination under the law (14th amendment)

Due Process Clause

Ensures fair procedures in legal matters.

Selective Incorporation

5th amendment and 7th amendment

Total Incorporation

1st, 2nd, 4th, 6th, 8th amendment(s)

Civil Rights Act of 1964

Outlaws discrimination in public accommodations and employment.

Voting Rights Act of 1965

Eliminates racial discrimination in voting practices (literacy tests)

Civil Rights Act of 1968 (Fair Housing Act)

Prohibits housing discrimination based on protected characteristics.

Title IX

Prohibits sex discrimination in federally funded education (1972 - promoted gender equality)

De jure segregation

Legal separation based on characteristics like race.

De facto segregation

Separation arising from social factors, not law.

White primary

Excludes Black voters from Democratic primaries.

Literacy test

Requirement to read for voter registration.

Poll tax

Fee required to vote, restricting access.

Grandfather clause

A law that allowed people to vote if their ancestors could vote before certain dates

Affirmative action

Policies promoting equal opportunities for marginalized groups.

Civil rights movement

Social movement advocating for equal rights.

Writ of Habeas Corpus

A court order requiring explanation to a judge why a prisoner is being held in custody

Bill of Attainder

Legislative act declaring someone guilty without trial (Illegal)

Grand Jury

Citizens reviewing evidence to charge someone with a crime.

Ex Post Facto Law

Punishes actions that were legal when committed

Probable Cause

Sufficient reason to believe a crime is occurring (Ex: You were seen jumping a fence after tagging a wall)

Reasonable Suspicion

Belief that criminal activity may be happening soon (Ex: You were pulled over and asked if you were smuggling drugs cause you were playing loud music)

15th Amendment

Prohibits voting discrimination based on race.

19th Amendment

Grants women the right to vote.

26th Amendment

Lowers voting age to 18 years.

Rights of the Accused Protections

Protected under 4th, 5th, 6th, and 8th Amendments.

Free Speech Limitations

Not protected if obscene, libelous, or threatening.

Symbolic Speech

Expression through images and symbols, protected by law.

Procedural Due Process

Ensures fairness in judicial proceedings for all.

Engel v. Vitale

Ruled school-sponsored prayer unconstitutional under First Amendment since it violates establishment clause (religion)

Wisconsin v. Yoder

Compulsory school law violated Amish religious rights to educate children based on their beliefs - free exercise clause (religion)

Tinker v. Des Moines

Students retain free speech rights in public schools - first amendment = symbolic speech

Schenck v. United States

Established 'clear and present danger' test for speech - Schenck distributes anti-war pamphlets during WW1

McDonald v. Chicago

Second Amendment applies to states via Fourteenth Amendment, equal protection clause (incorporation/2nd amendment)

Gideon v. Wainwright

Right to counsel for defendants without funds, right to attorney (incorporation)

Roe v. Wade

Established abortion rights under constitutional privacy

Brown v. Board of Education

Declared racial segregation in schools unconstitutional, overturned "separate but equal" in Plessy v Ferguson

Mapp v. Ohio

Exclusionary rule now applies to state courts (incorporation)

Griswold v. Connecticut

Constitutional right to privacy regarding contraceptives, taking down Connecticut law about banned contraceptives

Bakke v. Regents of UC

Affirmative action permissible, but racial quotas unconstitutional (civil rights)

Gitlow v. New York

First Amendment protections apply to state governments - Gitlow handed out socialist papers and got arrested but won the case

New York Times v. United States

Strong presumption against prior restraint of press - US can't censor info before its published

New York Times v. Sullivan

Established actual malice standard for public figure defamation - celebrity must prove the statement was made with bad intent rather than not knowing the truth

Near v. Minnesota

Prior restraint unconstitutional except for national security

Miranda v. Arizona

Suspects must be informed of rights before interrogation - right to remain silent and to an attorney or statements can't be used as evidence

Texas v. Johnson

Flag burning is protected by symbolic speech (1st amendment)

Constitutional Right to Privacy

Implied right affecting personal decisions and autonomy.

Civil Rights Movement

Movement aimed at ending racial discrimination.