Chapter 4: The Bill of Rights and Civil Liberties - Key Terms (Vocabulary)

Vocabulary flashcards covering key terms, cases, and concepts from the lecture notes on the Bill of Rights, First Amendment rights, and the exclusionary rule.

Bill of Rights

First ten amendments to the U.S. Constitution; debated by Federalists and Anti-Federalists; Hamilton argued it was unnecessary given delegated powers.

Habeas corpus

Constitutional protection against unlawful detention; requires due process and a prompt judicial review before liberty can be deprived.

Establishment Clause

Prohibits the government from establishing an official religion; supports the wall of separation between church and state.

Free Exercise Clause

Protects the individual's right to believe and practice religion of their choosing.

Lemon test (Lemon v. Kurtzman)

Three-part test for government aid to religious schools: (a) secular purpose, (b) neither advances nor inhibits religion, (c) no entanglement between government and religious institutions.

Pledge Under God

Controversy over including the phrase 'Under God' in the Pledge of Allegiance and its constitutional implications.

West Virginia State Board of Education v. Barnett (1943)

Ruling on compulsory flag salute; connected to religious objections in public education and later debates about the Pledge Under God.

Alien and Sedition Acts (1798)

Laws making it a crime to defame or oppose the U.S. government and restricting speech and press.

Espionage Act (1917)

Federal law criminalizing interference with military operations and speech opposing U.S. involvement in WWI; used to curb dissent.

Clear and Present Danger

Doctrine that limits free speech if it creates a risk of significant harm, especially during wartime.

Brandenburg v. Ohio (1969)

Established the test that advocacy of illegal action is protected unless it incites imminent lawless action.

Symbolic Speech

Nonverbal conduct with expressive content (e.g., flag burning); protected by the First Amendment; concept of 'speech plus' with assembly and petition.

Rumsfeld v. FAIR (2006)

Supreme Court case related to campus speech, assembly, and the regulation of on-campus expressive activities.

Red Flag Law (1931, California)

Law prohibiting display of a red flag in opposition to organized government; ruled unconstitutional under First Amendment grounds.

Flag Burning

Act of burning a national flag as protest; generally protected as symbolic speech under the First Amendment.

New York Times Co. v. United States (Pentagon Papers) (1971)

Government cannot block publication of classified documents; strong protection against prior restraint.

Prior Restraint

Censorship of information before publication by the government; generally disfavored and restricted by the First Amendment.

Shield Laws

State laws protecting journalists from being forced to reveal sources; no federal shield law exists.

Libel

False written statements that damage a person's reputation; not protected; requires showing fault and falsity.

Slander

False spoken statements that harm a person's reputation.

Communications Decency Act (CDA, 1996)

Legislation intended to regulate the online transmission of obscene material; aimed to curb online indecency.

Obscenity

Material whose main purpose is to excite lust; judged by standards such as Justice Potter Stewart’s 'I know it when I see it'.

Potter Stewart quote

'I know it when I see it' – famous remark describing the difficulty of defining obscenity.

Mapp v. Ohio (1961)

Extended the exclusionary rule to the states; illegally obtained evidence cannot be used in state prosecutions.

Exclusionary Rule

Illegally obtained evidence cannot be used in court; applied to state prosecutions by Mapp.

Wolf v. Colorado (1949)

Pre-Mapp decision allowing illegally obtained evidence in state trials; overruled by Mapp.

Fourth Amendment

Protection against unreasonable searches and seizures; basis for the exclusionary rule and privacy rights.