Civil Liberties and Constitutional Rights

These flashcards cover key concepts related to civil liberties and constitutional rights, including landmark Supreme Court cases and important amendments.

Civil Liberties

The limits placed on government to protect the personal freedoms of citizens.

Barron v. Baltimore

A case that primarily dealt with property rights and economic liberty in the early Constitution.

14th Amendment

An amendment that guarantees citizenship rights, including due process and equal protection under the law.

Privileges and Immunities Clause

Part of the 14th Amendment that prevents states from denying citizens their rights.

Due Process Clause

Clause in the 14th Amendment that protects individuals from being deprived of life, liberty, or property without legal proceedings.

Gitlow v. New York

A landmark case that introduced the concept of selective incorporation of the Bill of Rights through the 14th Amendment.

Selective Incorporation

The process of applying the Bill of Rights to states through the 14th Amendment on a case-by-case basis.

Ordinary Scrutiny

A standard of judicial review that evaluates laws based on a reasonable interest by the government.

Intermediate Scrutiny

A standard that requires the government to prove that a law serves an important interest.

Strict Scrutiny

The highest standard of judicial review that requires a law to serve a compelling interest and be narrowly tailored.

Clear and Present Danger

A legal standard used to determine when speech can be limited; established in Schenck v. United States.

Fighting Words

Speech intended to incite violence or inflict harm, which is not protected under the First Amendment.

Direct Incitement Test

Established in Brandenburg v. Ohio, it protects speech unless it is aimed at producing imminent lawless action.

Hate Speech

Speech that attacks or discriminates against a particular group; the legal status varies.

Texas v. Johnson (1989)

Supreme Court case ruling that flag desecration is protected under free speech.

Freedom of Assembly

The right to gather peacefully for demonstrations, protests, or other forms of collective expression.

Prior Restraint

Government action that prohibits speech or other expression before it can take place.

Miller Test

A three-part test established in Miller v. California to determine what constitutes obscenity.

Slander

The spoken false statement that damages a person's reputation.

Libel

Written false statement that damages a person's reputation.

Free Exercise Clause

Part of the First Amendment that prohibits government interference in religious practices.

Establishment Clause

Part of the First Amendment that prohibits the government from establishing a religion.

Second Amendment

Constitutional amendment that protects the right to keep and bear arms.

Exclusionary Rule

Legal principle that prohibits the use of illegally obtained evidence in a court of law.

Miranda v. Arizona

A Supreme Court case establishing the requirement to inform individuals of their rights during arrest.

Eighth Amendment

Constitutional amendment that prohibits cruel and unusual punishments.

Penumbras

Judicially created rights derived from the implied rights of the Bill of Rights.

Roe v. Wade

A landmark Supreme Court decision that legalized abortion across the United States in 1973.

Dobbs v. Jackson Women's Health Organization

2022 Supreme Court case that overruled Roe v. Wade, returning regulation of abortion to the states.