Civil Liberties

Due Process of Law

The requirement that the government must follow fair procedures before punishing someone, found in the 5th and 14th Amendments.

Equal Protection of the Law

Part of the 14th Amendment stating that laws must treat everyone equally.

Selective Incorporation

The process where the Supreme Court applies parts of the Bill of Rights to the states using the 14th Amendment’s due process clause.

Freedom of Expression

The right to speak, publish, protest, and express opinions freely.

Free-Exercise Clause

Part of the First Amendment that grants individuals the right to practice any religion or none at all without government interference.

Establishment Clause

Part of the First Amendment that prohibits the government from favoring or establishing any religion.

Wall of Separation

A phrase describing the separation of church and state; not in the Constitution.

Prior Restraint

The government's prohibition of speech or publication before it occurs, usually deemed unconstitutional.

Clear-and-Present-Danger Test

A legal test to determine if speech can be limited based on whether it creates a real and immediate danger.

Libel

False written statements that damage a person's reputation, difficult to prove for public figures.

Symbolic Speech

Actions that convey a specific message or idea, protected unless they incite illegal acts.

Exclusionary Rule

A legal principle that prevents illegally obtained evidence from being used in court.

Search Warrant

A legal document issued by a judge that authorizes police to conduct a search.

Probable Cause

A reasonable belief that a crime has occurred, required to obtain a search warrant.

Good-Faith Exception

A legal rule that allows evidence to be used in court if police were mistakenly led to believe they had a valid warrant.

Gitlow v. New York

A landmark Supreme Court case that began the process of selective incorporation.

Schenck v. United States

A Supreme Court case that established the clear-and-present-danger test for restricting speech.

Obscenity

A category of speech that is not protected by the First Amendment due to its offensive nature.

Fighting Words

Speech intended to incite violent reactions, not protected under free speech.

Passive Obscenity

A form of speech or material that fails to pass the Miller Test and lacks serious literary, artistic, political, or scientific value.

Flag Burning

Considered symbolic speech and protected under the First Amendment, as demonstrated in Texas v. Johnson.

Establishment Clause Violations

Practices banned by the Supreme Court such as requiring school prayer and reading the Bible in public schools.

Lemon Test

A three-pronged test used to determine if a law violates the Establishment Clause.

Miranda v. Arizona

A landmark Supreme Court case that established the requirement for informing suspects of their rights during interrogation.

USA Patriot Act Provisions

Legislative measures that expanded wiretaps, access to personal records, and increased surveillance powers.

Inevitable Discovery

An exception to the exclusionary rule that allows evidence to be used if it would have been discovered lawfully.

Warrantless Searches After Arrest

Police are allowed to search the arrestee and items within their immediate control without a warrant.

2005 Warrantless Searches Controversy

Debate over the government's wiretapping practices without FISA court approval and its implications for Fourth Amendment rights.