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civil liberties
fundamental rights and freedoms protected from infringement by the government.
civil rights
protections from discrimination as a member of a particular group.
Bill of Rights
a list of fundamental rights and freedoms that individuals possess. The first ten amendments to the U.S. Constitution are referred to as the Bill of Rights.
due process clause
the clause in the 14th Amendment that restricts state governments from denying their citizens their life, liberty, or property without legal safeguards.
selective incorporation
the process through which the Supreme Court applies fundamental rights in the Bill of Rights to the states on a case-by-case basis.
establishment clause
1st Amendment protection against the government requiring citizens to join or support a religion.
free exercise clause
1st Amendment protection of the rights of individuals to exercise and express their religious beliefs.
freedom of expression
a fundamental right affirmed in the 1st Amendment to speak, publish, and protest.
clear and present danger test
legal standard that speech posing an immediate and serious threat to national security is not protected by the 1st Amendment.
prior restraint
the suppression of material prior to publication on the grounds that it might endanger national security.
symbolic speech
protected expression in the form of images, signs, and other symbols.
libel
an untrue written statement that injures a person’s reputation.
slander
an untrue spoken expression that injures a person’s reputation.
obscenity and pornography
words, images, or videos that depict sexual activity inane offensive manner and that lack any artistic merit.
ex post facto laws
a law punishing people for acts that were not crimes at the time they were committed.
bill of attainder
when the legislature declares someone guilty without a trial.
writ of habeas corpus
the right of people detained by the government to know the charges against them.
procedural due process
a judicial standard requiring that fairness be applied to all individuals equally.
warrant
a document issued by a judge authorizing a search.
probable clause
reasonable belief that a crime has been committed or that there is evidence indicating so.
exclusionary rule
a rule that evidence obtained without a warrant is inadmissible in court.
grand jury
a group of citizens who, based on the evidence presented to them decide whether or not a person should be indicted and subsequently tried in a court of law.
double jeopardy
protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction.
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.
bail
an amount of money posted as a security to allow the charged individual to be freed while awaiting trial.
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